OSCE/ODIHR Opinion on the Draft Amendments to the Act on Establishment of the
Slovak National Centre for Human Rights
should not serve on a voluntary basis. 92 Ideally, they should be full-time and
remunerated.93 This is the case even where the executive head is full time.94 Having fulltime, remunerated members is crucial for the independence of the NHRI, in order for it
to diligently fulfil its mandate, to ward off corruption and for its public standing and
perception. There is no provision for any of the members of the Centre’s board to be
full-time, as recommended by the SCA General Observation 2.295
70.
Even where there may be clear rationale for having part-time members, the SCA still
recommends the inclusion of full-time remunerated members.96 Whether commissioners
are part-time or full-time should be set out in the enabling law.97 The Explanatory Note
makes it clear that members are to be unpaid and to have other employment. Further, it
seems that the members are not even intended to be part-time, but rather to only
participate in board meetings. It is likely that the absence of any full-time members, or
substantially engaged part-time members will be questioned by the SCA, as will the
unremunerated nature of membership. Furthermore, where board members remain
employed by another entity, it should be explicitly provided for in the law that they
serve in their individual capacity.98 In these cases, professional activity must not conflict
with their posts as board members and should be subject to the approval of the board.
To meet the requirements of the Paris Principles, § 3 a (10) of the Draft
Amendments, should be amended accordingly to provide for remuneration for all
board members, ideally as full-time positions. The terms for remuneration of
members of the Board should be stated clearly in the law. Similarly, the law should
contain general regulations concerning the remuneration of the SNCHR’s
employees.
5.5 The Director
71.
In contrast to the low-level of detail provided for the procedure for the selection and
appointment of Board Members, significant detail on the procedure for the selection and
appointment of the Executive Director is included in the Draft Amendments. This is also
true for the detail and level of scrutiny for the appointment of the Executive Director as
compared to the lack of consultation or public engagement in the selection of the Board
Members. It is welcome that the term of office is five years, renewable once, as this will
help to ensure a stable mandate, as will clarity on the level of salary attached to the
position.
92
SCA Report, Jordan, November 2015 p. 23; SCA Report, Luxembourg, November 2015 p. 26.
SCA Report, Malaysia, November 2015 p. 30. See also, SCA Report, Bahrain, May 2016 p. 8; SCA Report,
Zambia, November 2016 p. 57, SCA Report, Denmark, November 2017 p. 42.
94
SCA Report, Belgium, May 2018, p. 11.
95
‘The enabling law of the NHRI should provide that members of its decision-making body include full-time
remunerated members. This assists in ensuring:
a) the independence of the NHRI free from actual or perceived conflict of interests;
b) a stable tenure for the members;
c) regular and appropriate direction for staff; and
d) the ongoing and effective fulfilment of the NHRI’s functions.’ – Op. cit. fn 9, SCA General Observation 2.2
96
SCA Report, Greece, May 2016 p. 35.
97
SCA Report, Northern Ireland, May 2016 p. 45.
98
SCA General Observation 1.8.
93
23
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