Composition and guarantees of independence and pluralism
4. The composition of the national institution and the appointment of its members,
whether by means of an election or otherwise, shall be established in accordance with
a procedure which affords all necessary guarantees to ensure the pluralist
representation of the social forces (of civilian society) involved in the promotion and
protection of human rights, particularly by powers which will enable effective
cooperation to be established with, or through the presence of, representatives of:
(a) Non-governmental organizations responsible for human rights
and efforts to combat racial discrimination, trade unions, concerned social and
professional organizations, for example, associations of lawyers, doctors, journalists
and eminent scientists;
(b) Trends in philosophical or religious thought;
(c) Universities and qualified experts;
(d) Parliament;
(e) Government departments (if these are included, their representatives should
participate in the deliberations only in an advisory capacity).
5. The national institution shall have an infrastructure which is suited to the smooth
conduct of its activities, in particular adequate funding.
The purpose of this funding should be to enable it to have its own staff and premises,
in order to be independent of the Government and not be subject to financial control
which might affect its independence.
6. In order to ensure a stable mandate for the members of the national institution,
without which there can be no real independence, their appointment shall be effected
by an official act which shall establish the specific duration of the mandate. This
mandate may be renewable, provided that the pluralism of the institution'
s
membership is ensured.
Methods of operation
Within the framework of its operation, the national institution shall:
(a) Freely consider any questions falling within its competence, whether they are
submitted by the Government or taken up by it without referral to a higher authority,
on the proposal of its members or of any petitioner;
(b) Hear any person and obtain any information and any documents necessary for
assessing situations falling within its competence;
(c) Address public opinion directly or through any press organ, particularly in order to
publicize its opinions and recommendations;
(d) Meet on a regular basis and whenever necessary in the presence of all its members
after they have been duly convened;
(e) Establish working groups from among its members as necessary, and set up local
or regional sections to assist it in discharging its functions;
(f) Maintain consultation with the other bodies, whether jurisdictional or otherwise,
responsible for the promotion and protection of human rights (in particular
ombudsmen, mediators and similar institutions);
(g) In view of the fundamental role played by the non-governmental organizations in
expanding the work of the national institutions, develop relations with the nongovernmental organizations devoted to promoting and protecting human rights, to
economic and social development, to combating racism, to protecting particularly
vulnerable groups (especially children, migrant workers, refugees, physically and
mentally disabled persons) or to specialized areas.
Additional principles concerning the status of commissions with
quasi-judicial competence
77
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