Requirement Two
The Mechanism for Selecting the Members of the NIHR’s Council of
Commissioners and the Immunities Granted to them
1. In response to the recommendations of the Sub-Committee on
Accreditation (SCA) of the Global Alliance of National Human Rights
Institutions for the Promotion and Protection of Human Rights (GANHRI),
which emphasized the need for the NHRI’s consultation and appointment
process to be broad and transparent, and to include clear and
standardized criteria for assessing the merit of all eligible candidates;
where the SCA was of the view that the process of selecting and
appointing the decision-making body in the national institution must be
formalized, and that the law establishing the national institution should
stipulate that full-time members must be among the members of the
decision-making body, as this helps the independence of national
institutions and eliminate actual or perceived conflict of interest, helps to
achieve stable term of office of the members, and helps to realize
organized and appropriate guidance of its personnel, in addition to the
continuous and effective implementation of the functions of the institution.
2. In view of that, Decree-Law No. (20) of 2016 was enacted, amending
several paragraphs contained in Law No. (26) of 2014 concerning the
establishment of the NIHR, for the purpose of creating a real legal
safeguard towards the independence of the institution, while granting the
NIHR more competencies and powers in a manner consistent with the
Paris Principles pertaining to the status of national institutions for the
promotion and protection of human rights, and elevating its international
ranking, in a manner that exemplifies the Kingdom’s commitment to
preserving and respecting human rights.
3. Perhaps one of the most prominent amendments contained in Decree-Law
No. (20) of 2016 amending some provisions of Law No. (26) of 2014
establishing the NIHR is providing for full-time members in the Council of
Commissioners, where Article No (1) defines a full-time member as a
member who works full-time to fulfill the duties of his/her mandate in the
NIHR and is not committed to perform another work or profession while
carrying out his/her membership duties. Article No (4) stipulates the
membership provisions permitting the selection of the members of the
Council of Commissioners from among the members of the legislative
authority, provided they shall not form a majority in the Council of
Commissioners and that they can participate in the discussion only as a
non-voting members. The same Article stipulates that a Royal Decree shall
Ninth Annual Report of the NIHR
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