the ministries and relevant bodies in
the Kingdom. These ministries and
bodies shall cooperate with the NIHR
in the pursuit of its tasks, facilitate exercising its mandate, and provide it
with the information requested in this
regard in accordance with the laws
and regulations applicable by these
bodies.”
the independence of national institutions, eliminate actual or perceived
conflict of interest, attain stable members’ term of office, realize organized
and appropriate guidance of its personnel, and maintain the continuous
and effective implementation of the
functions of the institution.
2. Consequently, Decree-Law No. (20) of
2016 was enacted, amending several
paragraphs contained in Law No. (26)
of 2014 on 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.
8. In addition, the NIHR “may inform the
competent authorities in the case
when the ministries and State institutions and apparatuses fail to cooperate and provide the NIHR with the requested information, reports and documents or prevent it from examining
them, in order to take the necessary
measures in accordance with the
law.”
Requirement Two
Mechanism for Selecting the Members of the NIHR’s Council of Commissioners and the Immunities
Granted to them
3. Perhaps the most prominent amendment 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. Article No. (1) defines a fulltime 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 do not form a
majority in the Council of Commissioners and that they can participate in the
discussion as non-voting members.
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 achieve
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