„In accordance with Article 5 of the Law, the CBDH includes two Commissioners who are elected members of the National Assembly. The CBDH confirms that the two members have voting rights in the general activities of the CBDH but not in the decision-making body.
The SCA emphasises that the Paris Principles require an NHRI to be independent from government and parliament in its structure, composition, decision-making, and method of operation. It must be constituted and empowered to consider and determine the strategic priorities and activities of the NHRI based solely on its determination of the human rights priorities in the country, free from political interference.
For these reasons, government representatives and members of parliament should not be members of, nor participate in, the decision-making organs of an NHRI as their membership of, and participation in, the decision-making body of the NHRI has the potential to impact on both the real and perceived independence of the institution.
The SCA recognizes that it is important to maintain effective working relationships, and where relevant, to consult with government. However, this should not be achieved through the participation of government representatives in the decision-making body of the NHRI.
Where individuals designated by government or parliament are included in the decision-making body, the NHRI’s legislation should clearly indicate that such persons participate only in an advisory capacity. In order to further promote independence in decision-making, and avoid conflicts of interest, an NHRI’s rules of procedure should establish practices to ensure that such persons are unable to inappropriately influence decision-making by, for example, excluding them from attending parts of meetings where final deliberations and strategic decisions are made.
The participation of individuals designated by the government or parliament should be restricted to those whose roles and functions are of direct relevance to the mandate and functions of the NHRI, and whose advice and cooperation may assist the NHRI in fulfilling its mandate. In addition, the number of such individuals should be limited and should not exceed the number of other members of the NHRI’s governing body.“