for which it was established and raise its international classification, in a way that reflects the
Kingdom’s commitment to safeguarding human rights.
16. The above-mentioned amendments incorporated in Decree-Law No. (20) of 2016 clarifies, in
Article (4) thereof, the provisions for membership, permitting the selection of the members of the
Council of Commissioners from among the members of the legislative authority, provided that they
do not constitute a majority in the Council of Commissioners and that they can participate in the
discussions as non-voting members. The same Article stipulates that the mechanisms, procedures
and controls for the selection of the members of the Council of Commissioners shall be issued by
a Royal Decree to enhance the transparency of the consultations and appointments.
17. Article No. (5) of the same Decree-Law clarifies that the Royal Decree appointing the members
of the Council of Commissioners must specify the full-time members, to be able to fulfill their
mandates in the NIHR and not be committed in any employment or profession while performing
the duties of their membership. The Royal Decree must also specify the part-time members, who
fulfill their mandate in the NIHR besides their commitment to perform another employment or
profession, provided that the Chairperson and the Vice Chairperson are full-time members.
18. The amendments contained in Article (12) of the Decree-Law granted the NIHR the mandate
to conduct announced and unannounced field visits to monitor the situation of human rights in
correction institutions, detention centers, labor calls gatherings, health and education centers,
or any other similar public place. The same Article established the importance of holding joint
meetings and activities, cooperation, coordination and consultation with relevant civil society
organizations, non-governmental organizations, various other groups, and human rights defenders;
it also emphasized the need to communicate directly with those claiming exposure to any form of
abuse and report back to the Council of Commissioners.
19. Article No. (14) of the Decree-Law grants the NIHR the power to request any information, data, or
documents, which it deems necessary to achieve its objectives or to perform its functions from the
relevant ministries and bodies in the Kingdom. The Article obligates these ministries and bodies
to assist the NIHR in pursuing its tasks, facilitate the conduct of its functions, provide it with the
information/ data/ documents requested in this regard, and prepare responses and comments to
the recommendations contained in the NIHR’s reports, in accordance with the relevant laws and
regulations in force in those agencies.
20. With respect to conflict of interest, Article (5-bis) of the Decree-Law stipulates that, except for the
rights and benefits allocated to a member of the Council of Commissioners stipulated in the law,
the member is prohibited from receiving any financial fee in exchange for performing any service
or work - in his/her capacity as a member of the NIHR. Article (10) stipulates that members of the
Council of Commissioners are not subject to dismissal, and that their membership terminates only
in cases and in accordance with the procedures set forth in the Law.
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