OSCE/ODIHR Opinion on the Draft Amendments to the Act on Establishment of the
Slovak National Centre for Human Rights
proposals on human rights issues of concern. It recommends that the enabling law
“establish a process whereby its reports are required to be widely circulated, discussed
and considered by the legislature”. In particular, “[i]t is preferable for the NHRI to have
an explicit power to table reports directly in the legislature rather than through the
executive and, in so doing, to promote action on them.”39 The SCA has emphasised the
importance of parliamentary consideration in its examination of NHRI practice and40
recommended that NHRIs have the explicit power to table reports to the legislature. 41
Therefore, § 1 (9) of the Draft Amendments should be amended to clarify that the
Centre submits its annual report to the parliament, which should then have an
obligation to consider and debate the report. Additionally, the Draft Amendments
should specify where within the parliament the report will be debated. As,
pursuant to Article 1 (9) it reports “on the observance of human rights including
the area of non-discrimination in the Slovak Republic for the previous year”, it
would be preferable if it were discussed in parliamentary plenary session rather
than only on committee-level. The Draft Amendments could also specify a deadline
within which the debate should take place.
3.5 Exclusion of the Intelligence Services from the Mandate of the SNCHR
35. §1 (12) of the Draft Amendments, explicitly excludes the intelligence services from the
mandate of the Centre. The December 2018 amended explanatory note clarifies that this
“does not constitute a new legal state” but is a declaration of the current state of the law.
The SCA has made it clear that “an NHRI’s mandate should authorize the full
investigation of all alleged human rights violations, including those involving the
military, police and security officers”.42 It considers that while in some cases a NHRI’s
mandate may be restricted for national security reasons “it should not be unreasonably
or arbitrarily applied and should only be exercised under due process”.43
36.
Where exclusions are made, they should be clearly defined and limited in scope to that
which is strictly necessary in a democratic society. The blanket exclusion of the
intelligence services as set out in the draft law should be reconsidered. Certain
narrowly defined exclusions concerning the Intelligence Services could be possible
but have to be justified by objective and precise enough criteria and necessary in a
39
Op. cit. fn 9 SCA General Observation 1.11.
For example, in its assessment of the NHRI of Finland in October 2014, the SCA recommended a change in
procedure in the enabling law to ensure that the parliament had the opportunity to discuss the NHRI’s report,
and further, called on the NHRI to provide a consolidated annual report text to the whole parliament and not
just a parliamentary committee. The SCA found that “In accordance with Section 12 of the Parliamentary
Ombudsman Act, the annual report of the Ombudsman is tabled in Parliament and is discussed in the presence
of the Ombudsman. The report of the HRC is presented to the Constitutional Law Committee, to other
Committees depending upon the content of the report, and to members of Parliament. However, it is neither
tabled nor discussed in Parliament. The SCA is of the view that, as a result of this difference in procedure,
Parliament is not provided with a complete account of the work of the FNHRI.” SCA Report, Finland, October
2014, p. 9.
41
SCA Report, Zambia, SCA November 2016, pp. 59-60.
42
SCA Report, Northern Ireland, May 2016, p. 48.
43
Op. cit. fn 9 SCA General Observation 2.6; In justifying this provision, it states: “According to section A.2 of
the Paris Principles, an NHRI should possess, “as broad a mandate as possible”. To give full effect to this
Principle, the SCA recommends that this provision be understood in the widest sense. The mandate of the
NHRI should extend to protect the public from acts and omissions of public authorities, including officers and
personnel of the military, police and special security forces. Where such public authorities, are excluded from
the jurisdiction of the NHRI, this may serve to undermine the credibility of the Institution.”
40
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