OSCE/ODIHR Opinion on the Draft Amendments to the Act on Establishment of the
Slovak National Centre for Human Rights
rights and in the area of non-discrimination”. While the inclusion of a cooperation
aspect is welcome, the Draft Amendments could be strengthened in several ways. The
importance of cooperation between NHRIs and civil society organization has recently
been highlighted in the Marrakesh Declaration.30 General Observation 1.7. on ensuring
pluralism of the NHRI states recommends, inter alia, “[p]luralism through procedures
enabling effective cooperation with diverse societal groups, for example advisory
committees, networks, consultations or public forums”. 31 Including civil society
organizations explicitly within the ambit of §1 (4) of the Draft Amendments is
recommended. 32 Additionally, diverse advisory committees as mentioned in
General Observation 1.7. consisting of civil society representatives, human rights
defenders, but also possibly representatives from the private sector, could add to
the pluralism of the institution, increase cooperation and advice the Director and
the Board on various issues.
23.
In this respect and with respect to the mandate and the functions of the SNCHR in
general, it would be crucial to define the relationship between the SNCHR and
other institutions, in particular, the Public Defender of Rights (the
Ombudswoman), the division of competences between them and ways in which
they should cooperate. For the sake of accessibility to the public and accountable
use of public resources, overlapping of mandates of various entities should be
avoided as far as possible. Any individual complaints procedure should ensure that
complaints are handled fairly, quickly and effectively through processes which are
clear and readily accessible to the public.33
24.
Also the additional explicit references to the independence of the institution in § 1 of the
Draft Amendments are positive for the overall role of the NHRI, as too § 1 (8) of the
Draft Amendments, which states that if the SNCHR conducts an investigation, the
subject under investigation has an obligation to cooperate with the SNCHR. However,
it would be preferable to include a stronger cooperation clause which does not only
cover investigations but sets out a general duty to cooperate in all areas of the
SNCHR’s mandate.34
25.
The inclusion of more human rights functions, which are not confined to the area of
non-discrimination, is also to be welcomed. For example, the provision in the existing
law that the Centre “provides legal assistance to victims of discrimination and
manifestations of intolerance” has now been broadened to “provides legal aid” (§ 1 (2)
(d) of the Draft Amendments). Similarly, the existing law limited the mandate of the
Centre to preparing and publishing ‘reports and recommendations on issues related to
discrimination’ whereas it is now broader in providing that the Centre ‘prepares and
publishes independent reports and recommendations’ (§ 1 (2) (f)) of the Draft
30
13th International Conference of International Human Rights Institutions Marrakesh Declaration “Expanding
the civic space and promoting and protecting human rights defenders, with a specific focus on women: The
role
of
national
human
rights
institutions”
(10-12
October
2018),
available
at
<https://nhri.ohchr.org/EN/ICC/InternationalConference/13IC/Background%20Information/Marrakech%20De
claration_EN_%2012102018%20-%20FINAL.pdf>
31
Op. cit. fn 9, SCA General Observation 1.7.
32
See also op. cit. fn 9, General Observation 1.5 on cooperation with other human rights bodies.
33
See op. cit. fn 9, General Observation 2.10 regarding specifically the handling of complaints by NHRIs, which
should a fortiori be applicable to other complaints-handling mechanisms.
34
See e.g. Section 12.1 of UNMIK Regulation NO. 2000/38 on the Establishment of the Ombudsman Institution
of Kosovo “12.1 All persons and entities subject to the jurisdiction of the Ombudsperson are obliged to
provide the Ombudsperson with preferential assistance.”
9