SECTION FOUR: The division of roles and responsibilities Commissioners can undertake particular functions on behalf of the NHRI, including, for example, • building the NHRI’s external profile through speeches, media interviews and presentations • steering, writing or contributing to high level reports, policy submissions and documents for external consumption • leading keynote external events on behalf of the NHRI • strategic relationship building with external partners, including civil society organisations and academic experts • supporting programme development • leading projects and activities • overseeing complaints and investigations • contributing to reports. In ombuds-model institutions, the ombudsperson may be the only office established by the law. Sometimes the law may also provide for one or more deputy ombudspersons but these officials are subordinate to the ombudsperson and their role is usually limited to supporting the ombudsperson. In practice the ombudsperson will typically allocate specific areas of responsibility to any deputy and that person will take the lead in those areas of work. It is important for the ombudsperson to determine the scope of the responsibilities of each deputy – what the deputy can decide individually within the areas of responsibility and what needs to be referred to the ombudsperson for decision. 3. The commission In a commission-model NHRI, all commissioners, including the institution head, meet as a collective body, the commission. The commission is the supreme decision-maker in the NHRI. The commission • determines strategy and operations, policy and priorities • monitors, evaluates and reports on performance • allocates resources in accordance with strategic and operational plans and priorities • makes high level management decisions and oversights their implementation • receives reports from the SEO and other internal and external evaluations and reports • assesses and manages risk • oversees the NHRI’s implementation of its policies and procedures relating to staffing and operations, including in relation to gender mainstreaming • delegates functions and powers as appropriate to individual commissioners and staff • performs other responsibilities assigned to it by the law. All members of the commission, whether full-time or part-time, should attend and participate fully in all commission meetings. Discussion at the meetings should be free and frank and respectful. Commission members should strive to achieve consensus but, where consensus is not possible, a vote should be taken and a majority decision adopted.14 Commissioners share collective responsibility for commission decisions, whether adopted by consensus or by vote. All commissioners are bound by the decisions of the commission and should support them publicly where necessary. Some 14 Some founding laws require a special majority, such as two-thirds, for commission decisions where consensus is not possible. Other NHRIs make decisions on a simple majority vote. 21

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