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SAC also recommended that NIHR needs to formalize its relationship with civil society
organizations, through regular and constructive interaction with all relevant stakeholders. In this
regard, SAC commended NIHR efforts and interaction.
12. O
n the other hand, in this regard, SAC recommendations noted that the Establishment Law of
NIHR lacks any provision that relates to effective dealing by the relevant ministries and
parliamentary committee. In addition, the Law does not explain how does NIHR submits its budget,
how it is approved and the importance of identifying the financial control so as not to prejudice
its independence. With regard to NIHR annual reports, SAC recommendations stated that these
reports should indicate human rights situation in the Kingdom, as this has a direct impact on the
promotion and protection of human rights in the state system.
13. In pursuit of the belief of His Majesty the King in the importance of promoting and protecting
human rights, on October 9, 2016, His Majesty promulgated Decree Law No. 20 of 2016 amending
some provisions of the Law on the Establishment of the National Institution for Human Rights,
in accordance with the recommendations made by the Sub-Committee on Accreditation (SCA),
approved by Global Alliance of National Human Rights Institutions (GANHRI), in order to
strengthen NIHR, grant it greater powers to achieve the objectives for which it was created and
raise its internationally rating, which will reflect the Kingdom’s commitment to the maintenance of
human rights.
14. T
he amendments set out in the Decree Law No. 20 of 2016 amending certain provisions of Law
No. 26 of 2014 on the Establishment of the National Institution for Human Rights include
amendment to Article 4, which states provisions related to membership. It indicates the permissibility
of selecting the members of the Board of Commissioners from the members of the legislative
authority, provided that they are not the majority in the Board of Commissioners, and that they
participate in the deliberations without having the right to vote. The said Article provides that
the mechanism, procedures and controls of selecting the members of the Board of Commissioners
should be decided by a royal decree to enhance the transparency of consultation and appointment
process.
15. With respect to the fact that the members of the Board of Commissioners should be full-time
members to perform their membership duties, Article 5 of the Law provides that the Royal Decree
appointing the members of the Board of Commissioners should determine the full-time member,
who performs his duties in NIHR on full-time basis and does not undertake another profession or
employment during his membership, and the part-time member, who performs the duties of his
NIHR membership in addition to undertaking another profession or employment, provided that
the Chairman and Vice Chairman should be full-time members.
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