from liability for comments made in the course of their duties. However, the Committee’s
recommendation in the 4th Concluding Observations (2015) – i.e., “to establish an
independent committee to nominate candidates (of the NHRCK)” – has not yet been fulfilled.
14. When the NHRCK was re-accredited with A status by the Global Alliance of National
Human Rights Institutions (GANHRI) Sub-committee on Accreditation (SCA) in October
2021, the GANHRI SCA recommended the NHRCK to “advocate the establishment of a
single independent selection committee in the National Human Rights Commission Act or
other administrative guidelines.13” In the similar vein, an amendment to the National Human
Rights Commission Act to install the independent candidate nomination committee was
proposed by a lawmaker and is currently pending in the National Assembly. The NHRCK
also considers proposing the amendment to the National Human Rights Commission Act to
establish a new provision on the formation of the independent candidate nomination
committee.14 Under the National Human Rights Commission Act, the authorities to nominate
and appoint the NHRCK commissioners consist of various players: the President, the
National Assembly, and the Supreme Court. Thus, the consensus and cooperation of the three
bodies above are required for the set-up of the independent nomination committee for the
NHRCK commissioners.
15. Additionally, the GANHRI SCA recommended the NHRCK that it should strive to have
the National Human Rights Commission Act amended to enhance its independence vis-à-vis
the National Finance Act.15
16. Proposed recommendation: In order to ensure transparency and participation in the
process of selection and appointment of the NHRCK commissioners, the State party should
establish a provision for the nomination committee for candidates of the NHRCK
commissioners in the National Human Rights Commission Act. The State party should also
strengthen the human resources of the NHRCK and promote legal amendments necessary for
the NHRCK to gain financial independence.16
Issue 4. Business and Human Rights
17. The Government set out a chapter on “businesses and human rights” in the 3rd NAP
(2018-2022) to undertake policy tasks that enhance corporate responsibility to respect human
rights and prevent the human right abuses against local workers while operating business
abroad. However, the implementation of these policy tasks and the institutionalization of
human rights due diligence still remain insufficient.
18. In order to prevent corporate violations of human rights and ensure effective remedies for
damage caused by businesses, it is necessary to legislate the human rights due diligence of
business entities which includes the identification of negative impacts of corporate activities
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