OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of Iceland 43. In this regard, it is noted that, apart from the general requirement of expertise in human rights law, there is no further indication in the Draft Act as the selection criteria or possible incompatibilities.46 First, the Draft Act should include clear and predetermined criteria for appointment (e.g., no conviction for a serious criminal offence, recognized competencies, personal history of integrity and independence, etc.).47 That being said, the eligibility criteria should not be too restrictive in order not to unduly exclude persons from diverse societal groups.48 44. Moreover, an NHRI’s independence is jeopardized if members of parliament, especially those who are members of the ruling political party or coalition, and representatives of government agencies, are represented in an NHRI, or if they participate in decisionmaking, since such persons hold positions that may conflict with the independence of the institution (see the Justification to General Observation 1.9). If these persons are appointed as members of the Board of Directors, they would then need to give up their previous posts. More generally, NHRI functions are not compatible with the performance of another function or profession, public of private, or with membership in political parties or unions – although certain educational, scientific or artistic activities may be undertaken, provided that they are not incompatible with the proper performance of the NHRI duties, its impartiality and public confidence therein.49 It is recommended to supplement the Draft Act accordingly (see also comments regarding the issue of part-time or full-time engagement of members of the Board of Directors in par 51 infra). 45. Additionally, nothing is said in the Draft Act with respect to certain conditions and modalities to ensure pluralism in the composition of the Board of Directors in terms of gender, ethnicity or minority status50 (see also additional comments regarding the composition of the Advisory Committee provided in Article 6 of the Draft Act, in par 79 infra). The Sub-Committee on Accreditation has also welcomed legal provisions requiring a balanced representation of both women and men in the composition of NHRI decision-making bodies.51 The legal drafters could therefore specify that out of the five members, no more than three Directors should be of the same sex. The same requirements should apply to alternates and in case of replacement, a person of the same sex should succeed to the position. 46. The Paris Principles further specify that an NHRI’s composition and the appointment of its members shall likewise afford all necessary guarantees to ensure “the pluralistic representation of social forces (of the civilian society) involved in the promotion and protection of human rights”. Hence, in addition to gender balance, the members of the 46 47 48 49 50 51 For examples of such provisions in NHRI legislation, see e.g., Section 3 of the Law on the Public Defender of Rights (1999, as amended 2009) of the Czech Republic and Articles 3 and 4 of the Ombudsman Act (1995) of Malta, available at http://www.legislationline.org/topics/topic/82. See op. cit. footnote 14, pages 123 and 152 (2010 UNDP-OHCHR Toolkit for Collaboration with National Human Rights Institutions). See also op. cit. footnote 15, Section 2.1 on General Criteria for Office (2016 Venice Commission’s Compilation of Opinions concerning the Ombudsman Institution). General Observations 1.7 and 1.8. Venice Commission, the Commissioner for Human Rights and the Directorate General of Human Rights of the Council of Europe, Joint Opinion on the Draft Law on the Ombudsman of Serbia, adopted by the Venice Commission at its 61st Plenary Session (Venice, 3-4 December 2004), CDL-AD(2004)041, par 13, available at http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2004)041-e. See Paris Principle B (1) and General Observation 1.7. See e.g., Article 5 par 2 of the Irish Human Rights Commission Act, requiring that out of a total number of nine members, no less than four members of the Commission shall be men, and that no less than four shall be women; and Section 5 of the Act relating to the Norwegian National Human Rights Institution (2015). See also e.g., Sub-Committee on Accreditation, Report and Recommendations of the Session (October 2014), page 17, available at http://nhri.ohchr.org/EN/AboutUs/ICCAccreditation/Documents/SCA%20OCTOBER%202014%20FINAL%20REPORT%20%20ENGLISH.pdf. 15