2.
Standard Operating Procedures for
Decision-making and Follow-up
Section
I:
Commissioners
Acting
Collectively As the Commission
1.1 Introduction
The NHRC is a new institution in Bangladesh
and because of its independence from the
Executive; it is able to determine its own
work methods rather than using the more
bureaucratic processes of the public service.
In any event, it will necessary to develop
effective and efficient systems to cope with
the
anticipated
workload.
So
the
Commission will need to adopt modern
policy and decision-making processes.
These are designed to ensure that the
Commission meets the burden of the
considerable expectations that have been
placed on it by its stakeholders, and which
require it to operate effectively and
efficiently. It can do so only if its corporate
governance – planning, setting goals,
prioritizing
and
overseeing
staff
implementation of Commission policies - is
transparent and successfully carried out.
These Standard Operating Procedures
(SOP) have been developed to ensure that
all the Commission members, whether
full-time or honorary, as well as the staff,
have clarity about their respective roles,
understand their responsibilities within the
Commission’s corporate structure and can
be held accountable where these are
breached.
The Human Rights Commission Act 2009
sets out the responsibilities of the
Commission, Commissioners and staff.
These Operating Procedures set out how the
Commission and staff will comply with the
legislation and undertake best practice in all
the Commission’s endeavors.
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1.2 Independence
According to its legislation, the Commission
is
“a
statutory
independent
body.”
Independence is also emphasized in the
Commission’s
Strategic
Plan
and,
world-wide, is an essential requirement for
institutions like the NHRC. Unless the
Commission is independent, unless it acts
independently and unless it is seen to act
independently, it will not have the credibility
it needs to act effectively. If the NHRC is not
independent, it will not be trusted by its
constituency, especially the poor, the
vulnerable and the disadvantaged. It also
needs to be seen as neutral and
non-partisan.
Given the importance of independence, the
Human Rights Commission Act has
entrenched the NHRC’s independence in a
number of ways. Commissioners serve for
fixed terms – three years – and cannot be
removed, even by the President, during that
time except by due process in accordance
with the Act, or after following the process
for the removal of a Judge of the Supreme
Court. Commissioners also expect the staff
to carry out their responsibilities in an
independent manner.
1.3 Membership of the Commission
The members of the Commission, both
full-time and honorary, under the leadership
of the Chairman, are the governing body of
the organization. In this SOP, “the
Commission” refers to the Commissioners
acting as the governing body of the Human
Rights Commission.
1.4 Governance Responsibilities
The Commission has adopted the following