9
CDL-AD(2013)019
complaints). Numerous other human rights commissions, both in the OSCE area,8 and in
other Mediterranean Partners for Co-operation9, examine, and also directly respond, in some
manner or other, to human rights complaints, e.g. by addressing competent public
authorities10, or initiating mediation procedures. If the Law means to establish the Higher
Committee as the main human rights complaints-handling mechanism in Tunisia, it is
recommended to explicitly state therein that the Higher Committee shall be competent to
both examine, and respond to complaints and other indications of human rights violations
independently by various means listed in the Paris Principles, including reaching amicable
settlements through conciliation and mediation, issuing findings on certain human rights
situations and complaints, and making recommendations to competent authorities including,
e.g., proposals to amend legislation, regulations or administrative practice. Depending on the
circumstances of the case, the possibility of forwarding complaints to other competent organs
should likewise be maintained.
24.
It is further noted that the Higher Committee’s powers to receive and investigate
complaints are outlined only very briefly in Article 2 par 3. This provision does not specify the
procedure for submitting such complaints and handling them. In order to ensure that
individuals, as well as private entities are fully aware of their right to submit complaints to the
Higher Committee, and of the ensuing procedures, the deadlines for submitting complaints to
the Higher Committee, as well as the time period within which a complaint should be
processed, and the list of possible and pertinent actions that the Higher Committee may take
in such cases, should be outlined in detail in the Law. The complaints handling procedure
and actions taken in response to complaints should be transparent, and decisions, actions
and reports/opinions should be publicized as much as possible. The Law should also specify
against which bodies such complaints may be directed, particularly whether these shall only
be public bodies, or whether, in certain cases, they may also be directed at businesses (e.g.
in discrimination cases, or where businesses exercise public functions).
25.
Ideally, the Higher Committee should be able to investigate complaints received by
individuals, but should also have the right to undertake ex officio investigations into any
human rights issues that come to its attention, where required. The investigation of
complaints and/or general human rights situations autonomously should be an essential part
of its activity. In this context, it is also recommended to mainstream gender equality and
women’s rights into all protection strategies, so that the complaints-handling procedure and
actions of the Higher Committee also address the particular protection needs of women and
girls in the national context.
26.
At the same time, confidentiality with regard to the identity and private lives of
complainants should be maintained at all times, especially vis-à-vis government, parliament
and the public (unless individual complainants waive this right).11 This should be outlined
specifically in the Law, with special attention given to the protection and safety of
complainants, injured parties and witnesses.
27.
In order to ensure the effectiveness of the Higher Committee as a body to promote
and protect human rights in Tunisia, this body’s powers to shape human rights policy in the
country should be enhanced. As specified in the Paris Principles, the Law should state
clearly that the Higher Committee’s tasks shall also include recommendations regarding
amendments to legislation and administrative measures, the adoption of new legislation and
administrative measures, and ratification of relevant international law instruments. The
Higher Committee should also monitor implementation of such legislation and instruments.
The Law should generally, in line with the Paris Principles, establish the Higher Committee
as an autonomous and independent body with wide competences to respond to all aspects
of potential human rights abuse. It is essential that the actual and perceived independence of
8
See, e.g., the powers of inquiry of human rights commissions in Scotland and Ireland (Section 8 of the Scottish
Commission for Human Rights Act, and Article 9 of the Irish Human Rights Commission Act), see also Article 17
of National Human Rights Commission of Mongolia Act.
9
See Articles 4, 5 and 7 of the Royal Decree on the creation of the National Human Rights Council of Morocco.
10
See Chapter 2, Protection Strategies, ODIHR Recommendations, Handbook for National Human Rights
Institutions on Women’s Rights and Gender Equality, 2012.
11
See, in this context, Article 13 of the Scottish Commission for Human Rights Act.