승인소위원회 보고서(2016. 5.)
Report of the Sub-Committee on Accreditation
채택일 2016. 5. 13.
3.5 Korea: National Human Rights Commission (NHRCK)
Recommendation: The SCA recommends that the NHRCK be re-accredited with A status.
The SCA commends the NHRCK for their efforts in:
- advocating for, and securing, amendments to their enabling law;
- developing internal rules on the selection and appointment process for Commissioners, and
- consulting with the appointing bodies to promote support for broad participation and consultation during the selection and appointment process.
The amendments to the enabling law explicitly provide functional immunity for members, establish eligibility criteria for membership, allow civil society organizations to recommend candidates, and explicitly require the appointing bodies to ensure a transparent selection process and pluralistic composition.
The SCA notes that these changes address many of its concerns but reiterates the following concern:
1. Selection and appointment
Article 5(2) of the enabling law provides that members of the NHRCK are selected separately as follows:
- Four (4) persons by the National Assembly;
- Four (4) persons by the President; and
- Three (3) persons by the Chief Justice of the Supreme Court.
The SCA notes that this may result in different processes being employed by each entity. The SCA is of the view that, even with the amendments outlined above, the process could be improved by:
- requiring the advertisement of vacancies; and
- ensuring a consistent process is applied by a single independent selection committee.
The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.
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