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CDL-AD(2013)019
should be set out clearly in the Law. Such transparency and pluralism could be achieved by
creating an open selection process based on applications and/or nominations received from
a wide array of stakeholders of diverse backgrounds and professions, possibly by installing
an independent selection committee, or by placing this process under the auspices of the
National Assembly or Parliament. Such body should then rank incoming proposals to ensure
diversity and pluralism, in particular with regard to gender, professional background, and
geographical and societal representation. Another way to select members would be for a
certain number of members to be appointed by the President, and a certain number by the
National Assembly or Parliament; in such situation, the latter should play the main role in
selection proceedings.
48.
Once a selection has been made, the President or other body could still appoint the
members of the Committee, but only following a wider consultative and transparent process.
In case the National Assembly or Parliament should elect or appoint members of the Higher
Committee, this should be done by qualified majority decision. The main parameters of the
appointment process, namely which body shall be competent to appoint members, and the
length of their tenure, should be outlined in the Constitution as well.
49.
All aspects of this process should be publicized as much as possible, to ensure
neutrality and impartiality throughout. Further, members should be selected due to their
individual skills and experience, not as representatives of specific organizations or public
institutions. This means that also those candidates that are proposed by the parliament,
government, or NGOs should be selected for high professional and ethical standards, and
not merely to represent their office or organization. Candidates should be assessed on the
basis of pre-determined, objective and publicly available criteria. Interviews with candidates
may help select the potential members. Civil society and other independent actors should
play an active role in suggesting candidates, and challenging or supporting individual
candidates.
50.
As for the manner in which the Chairman is selected, it would be preferable if the
above procedure would merely focus on selecting and appointing members of the Higher
Committee, who would then elect their Chairman from the members of the Higher
Committee. This is a very important aspect to ensure the independence of this body.
51.
To additionally enhance independence and impartiality of the members of the Higher
Committee, and reduce the potential for external influence, it is further advised to include in
the Law a provision guaranteeing them immunity from legal liability for actions undertaken in
their official capacity.19 Both members of the Committee, and support staff acting on behalf of
and under the authority of the Higher Committee, shall enjoy such immunity even after the
expiry of their terms of office or work contracts. The Law should also specify in which cases
such immunity may be waived, and by which body (ideally, provided the Law is changed
accordingly so that the Higher Committee is accountable to the National Assembly or
Parliament20, it should be the latter, following a fair and transparent procedure, by qualified
majority).
52.
The immunity granted shall also cover baggage, correspondence, and means of
communication belonging to the Higher Committee. In this context, it is stressed that the Law
should also include guarantees as to the inviolability of the Higher Committee’s property,
documents and premises.
53.
The Law should further specify that members of the Higher Committee shall not seek
or receive instructions in connection with the performance of their duties from any
government and other public body, or public official.
19
See the General Observations of the ICC Sub-Committee on Accreditation, par 2.5. 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, pp. 8, 14, and 17.
20
See, in this context, the Belgrade Principles on the Relationship between National Human Rights Institutions
and Parliaments, adopted in Belgrade at the 2012 International Seminar on the relationship between National
Human Rights Institutions (NHRIs) and Parliaments (22-23 February 2012), which speak of a closer relationship
between NHRIs and Parliaments.
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