OSCE/ODIHR Opinion on the Draft Amendments to the Act on Establishment of the Slovak National Centre for Human Rights means of communication belonging to the SNCHR. Therefore, it is recommended to revisit the draft law with a view to include provisions for functional immunity for acts performed and words spoken or written undertaken in good faith in their official capacity, during the course of their mandate and after it has ended should be added for the leadership and staff of the SNCHR. 6.2 Staffing 82. The Draft Amendments do not contain any provisions regarding the staff of the Centre. There are a number of provisions that should be reflected in the draft law in order to ensure Paris Principle compliance with regard to staffing. These are set out by the SCA in General Observation 2.4.108 83. The European Commission in its 2018 proposed recommendation on standards for equality bodies specifies that ‘Member States should ensure that the equality bodies' staff is sufficiently numerous and adequately qualified in terms of skills, knowledge and experience, to fulfil adequately and effectively each of the equality bodies’ functions.’ 109 84. The Draft Amendments should specify that the Centre is entitled to determine its staffing structure and hire its own staff through an open, transparent, merit-based selection process, with due regard for pluralism, gender-balance and necessary skills. Staffing should not be on the basis of secondment from the civil or public independence.’; The Venice Commission has similarly underscored the need for functional immunity for independent human rights bodies, for example in its opinion on the draft law on the Protector of Human Rights of Montenegro “[n]ot only the Protector and his/her Deputies, but also his/her staff should have immunity “from legal process in respect of words spoken or written and acts performed by them in their official capacity.” Such immunity shall continue to be accorded even after the end of the Protector’s mandate or after the members of staff cease their employment with the Protector’s institution. This immunity should also include baggage, correspondence and means of communication belonging to the Protector” CDLAD(2009)043 – Opinion on the draft amendments to the law on the Protector of Human Rights and Freedoms of Montenegro, adopted by the Venice Commission at its 80th Plenary Session (Venice, 9-10 October 2009), §§12, 27 and 29; The ECRI has similarly stated that: ‘persons holding leadership positions should benefit from functional immunity, be protected against threats and coercion and have appropriate safeguards against arbitrary dismissal or the arbitrary non-renewal of an appointment where renewal would be the norm.’ CRI(2018)06 ECRI General Policy Recommendation No. 2: Equality Bodies to Combat Racism and Intolerance at National Level, Adopted on 7 December 2017, available at https://rm.coe.int/ecri-general-policy/16808b5a23. 108 ‘NHRIs should be legislatively empowered to determine the staffing structure and the skills required to fulfil the NHRI’s mandate, to set other appropriate criteria (for example, to increase diversity), and to select their staff in accordance with national law. Staff should be recruited according to an open, transparent and meritbased selection process that ensures pluralism and a staff composition that possesses the skills required to fulfil the NHRI’s mandate. Such a process promotes the independence and effectiveness of, and public confidence in, the NHRI. A fundamental requirement of the Paris Principles is that an NHRI is, and is perceived to be, able to operate independent of government interference. The SCA highlights that this requirement should not be seen to limit the capacity of an NHRI to hire a public servant with the requisite skills and experience. However, the recruitment process for such positions should always be open to all, clear, transparent, meritbased and at the sole discretion of the NHRI. Where an NHRI is required to accept staff assigned to it by the government, and in particular where this includes those at the highest levels in the NHRI, it brings into question its capacity to function independently. NHRIs must be provided with sufficient resources to permit the employment and retention of staff with the requisite qualifications and experience to fulfil the NHRI’s mandate. Such resources should allow for salary levels, and terms and conditions of employment, equivalent to those of other independent of State agencies.’ See op. cit. fn 9, General Observation 2.4. 109 Commission Recommendation on standards for Equality Bodies, C(2018) 3850 final, (22 June 2018), para 1.2.2(2). 27