OSCE/ODIHR Opinion on the Draft Federal Law on the Support to the National Human Rights Institution of Switzerland of the institution.146 Indeed, the main purpose of the debate should be informational in nature, so as to bring attention to the issues raised by the report; it is then up to the Federal Chambers to take action to address them, as appropriate. 94. Moreover, consideration may be given to expanding the scope of the annual report, which, in addition to the activity report section, should also include an annual review of the state of human rights in the Swiss Confederation and the main problems in this domain from the NHRI’s perspective. 6. Legislative Process and Participatory Approach 95. It is understood that the Draft Act is currently open to online public consultations for four months, from 28 June 2017 to 31 October 2017,147 which is overall welcome. Indeed, it is worth recalling that OSCE commitments require legislation to be adopted “as the result of an open process reflecting the will of the people, either directly or through their elected representatives” (Moscow Document of 1991, par 18.1).148 Particularly legislation that may have an impact on human rights and fundamental freedoms, as is the case here, should undergo extensive consultation processes throughout the drafting and adoption process, to ensure that human rights organizations and the general public, including marginalized groups, are fully informed and able to submit their views prior to the adoption of the Act. Public discussions and an open and inclusive debate will increase all stakeholders’ understanding of the various factors involved and enhance confidence and trust in the adopted legislation, and in the institutions in general. 96. At the same time, a meaningful consultation presupposes that any comments received are duly taken into consideration during the subsequent revision of the draft legislation. Pursuant to the Recommendations on Enhancing the Participation of Associations in Public Decision-Making Processes (2015), state authorities are encouraged to develop a mechanism whereby decision-makers shall report back to those involved in consultations by providing, in due time, meaningful and qualitative feedback on the outcome of public consultations, including clear justifications for including or not including certain comments/proposals.149 Moreover, to guarantee effective participation, consultation mechanisms must allow for input at an early stage and throughout the process,150 meaning not only when the draft is being prepared by relevant government entities but also when it is discussed before the Parliament (e.g., through the organization of public hearings). 97. Further, the Explanatory Statement to the Draft Act does not provide an analysis of the overall institutional framework for the protection and promotion of human rights in Switzerland, including with respect to anti-discrimination, gender equality, children’ rights, rights of persons with disabilities, prevention of torture, maladministration, and 146 147 148 149 150 See op. cit. footnote 63, par 82 (2015 Venice Commission’s Opinion on the Draft Law on Ombudsman for Human Rights of Bosnia and Herzegovina). See <https://www.ejpd.admin.ch/ejpd/en/home/aktuell/news/2017/2017-06-281.html>. Available at http://www.osce.org/fr/odihr/elections/14310. Recommendations on Enhancing the Participation of Associations in Public Decision-Making Processes (from the participants to the Civil Society Forum organized by the OSCE/ODIHR on the margins of the 2015 Supplementary Human Dimension Meeting on Freedoms of Peaceful Assembly and Association), Vienna 15-16 April 2015, par 16 (e), <http://www.osce.org/odihr/183991>. See e.g., OSCE/ODIHR, Guidelines on the Protection of Human Rights Defenders (2014), Section II, Sub-Section G on the Right to Participate in Public Affairs, <http://www.osce.org/odihr/119633>. 30