Chapter II: Advisory Opinions Submitted by the National Institution for Human Rights Preface The promotion of the ratification of or accession to international human rights instruments and ensuring their effective implementation is a key function of the national human rights institutions. However, it extends to the need to conduct assessments of the extent of the State compliance with the international obligations arising from the ratification or accession and proposing legislation, regulations or practices and modification of the existing ones in line with the relevant international standards1. Back to the provisions of Law No. 26 of 2014 on the Establishment of the National Institution for Human Rights, amended under Decree-Law No. 20 of 2016, Article 12, paragraph (b) acknowledges explicitly that NIHR has the mandate to “Study legislation and regulations enforced in the Kingdom which come under the human rights areas together with recommending amendments it deems fit in this respect particularly those consistent with such legislations and the Kingdom’s international obligations in the human rights field”. Paragraph “c” of the said Article provides that: “NIHR shall be empowered to study the conformity of legislation and organization of regional and international treaties related to human right, and submit proposals and recommendations to the concerned authorities on any matter that reinforces and protects human rights, including recommendations to join regional and international conventions and treaties concerned with human rights”. These mandates are reflection of Paris Principles and the general observations of the Sub-Committee on Accreditation (SCA). In order to effectuate this jurisdiction, NIHR stated its views on two requests received from the Shura Council on a draft law and a proposed law. It stated its advisory opinion on five requests on the proposals referred to it by the House of Representatives. It also referred, on its own motion, an advisory opinion to the Council of Ministers (Executive Authority) to amend the national legislation to be in line with the international standards of human rights. The Council of Ministers - in accordance with the provisions of the Constitution - refers draft laws to the legislative authority. NIHR also referred a proposal to the Supreme Judicial Council (Judicial Authority) on the establishment of a public prosecution specialized in environment and court circuits specialized in environmental irregularities and crimes. Thus, this Chapter addresses the advisory opinions presented by NIHR. It includes three main sections: the first is devoted to reviewing NIHR views referred to the legislative authority. The second section indicates NIHR views referred to the Council of Ministers (Executive Authority). The third section addresses NIHR proposal referred to the Supreme Judicial Council (Judicial Authority) on the topics which are considered to have a direct impact on human rights and fundamental freedoms. Paris Principles Relating to the Status of National Institutions for the Promotion and Protection of Human Rights - Competences and Responsibilities - paragraph (3), p. 5-General Observation (1-3) Encouraging the ratification of or accession to international human rights instruments - p. 91. 1  15