11
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34.
Should this remain part of the Higher Committee’s tasks, then the Law should include
the above as a guarantee for all individuals deprived of their liberty; in their interests, the Law
should further specifically state that meetings, and generally all forms of correspondence
between the Higher Committee and individuals deprived of their liberty, should take place in
private, with no supervision. This principle should be included in the Law.
35.
Furthermore, in the event that the above is retained among the Higher Committee’s
tasks, then the Law should also foresee the possibility for the Higher Committee to issue
independent findings and recommendations on how to solve, in due time, problems and
shortcomings identified in the facilities visited13, and to make proposals for legal reform, as
required by the OPCAT.
36.
If, however a national prevention mechanism is established separately under the
OPCAT, then the Law should provide an adequate framework to enable effective institutional
cooperation between the two bodies, including a smooth circulation of information.
37.
It is also noted that, under Article 6 of the Law, the Higher Committee Chairman
“carries out by special order of the President of the Republic, missions of inquiry and
investigation into human rights and fundamental freedoms issues, and submits reports on
this to the President of the Republic”. Clarification should be provided on what is understood
by such missions, which, in any case, should be the task of the Higher Committee as such
and not only of its Chairman. Additionally, the Higher Committee should be able to carry out
any missions or tasks related to the promotion and protection of human rights also on its own
initiative, as well as upon the request of Parliament and other competent bodies.
3. Composition of the Higher Committee. Appointment/Dismissal of its Members
38.
Currently, according to Article 7, the Higher Committee is composed of a Chairman
and the following members: 15 individuals known for their integrity and competence in the
field of human rights “who represent different currents of thought, universities and expertise”,
one representative from the Chamber of Deputies, one from the Chamber of Advisors, 12
representatives from national human rights NGOs, and one representative each from the
Ministries of Justice and Human Rights, the Interior, Foreign Affairs, Education, Higher
Education, Social Affairs, Health, Culture, Youth, Children, Women and Communications. In
total, the Higher Committee is thus made up of more than 40 persons. The representatives of
ministries shall provide coordination between the Higher Committee and their respective
ministries on issues pertaining to human rights and fundamental freedoms. They may attend
meetings, but may not vote.
39.
It is noted that with more than 40 members, and two subcommittees, the Law
appears to follow the model of the French National Consultative Human Rights Commission,
which has 64 members, and is also broken down into sub-committees and working groups.
Within the region, the Moroccan National Human Rights Council has 30 members, different
topical working groups, and regional commissions.
40.
By contrast, human rights commissions in the United Kingdom and Ireland have
fewer members – the Scottish Human Rights Commission has up to 5 members (including
the President), and the Northern Ireland Human Rights Commission has 8 members
(including the President); the Irish Human Rights Commission has 9 members (again
including the President).
41.
Both larger and smaller commissions have their advantages and disadvantages –
while it is easier for the former to properly reflect all parts of the population, and have a truly
pluralist nature, smaller commissions may be more flexible, and have shorter decisionmaking processes. In the case of the Tunisian Higher Committee, it may be helpful, in order
to enhance the efficiency and timeliness of investigation reports and decisions on complaints,
13
See also the Reports and Recommendations from the Session of the ICC Sub-Committee on Accreditation of
19-23 November 2012, Chapter 2, Specific Recommendations, p. 10.