European Network of National Human Rights Institutions (ENNHRI), which member is and the People’s Advocate Office (Ombudsman) of the Republic of Moldova (PAO), had issued an opinion on the initiative of the authorities to establish the People’s Advocate for the Entrepreneurs’ Rights within the PAO.
In the opinion[1], ENNHRI underlines the importance of respect for the UN Paris Principles[2] on the status of national human rights institutions and other relevant international standards when launching proposals of amendments, which regulates the activity of a national human rights institutions (NHRIs).
According to the draft law promoted by the Government of the Republic of Moldova, the People’s Advocate for the Entrepreneurs Rights is to be created within the Moldovan NHRI structure and to be autonomous from the People’s Advocate. The new Ombudsman is proposed that he will have the mandate to ensure the observance of the “rights and legitimate interests of entrepreneurs” by public authorities, private entities and individuals. For the purpose of carrying out its mandate, it would be entrusted with a set of powers. Changes in the composition of the appointment body are also envisaged in the draft law.
In this Opinion, ENNHRI calls on the Moldovan Parliament to carefully consider the following requirements:
Any change to the legislative provisions affecting NHRIs, including those affecting the composition of the appointment body, requires a prior effective consultation with all parties concerned, with a strong role for the NHRI itself. Any extension of the mandate of an NHRI, such as the addition of a competence over legal entities, including businesses, must not undermine its ability to promote and protect the human rights of individuals, including in relation to corporate-related human rights abuses.
Changes to the structure, mandate or functions of an NHRI must not adversely affect the independence, effectiveness of the NHRI and public confidence in its leadership body.
Substantial changes to the structure, mandate and functions of an NHRI may affect its compliance with the UN Paris Principles and trigger a Special Review by GANHRI’s Sub-Committee on Accreditation (SCA) under the accreditation process.
In light of the above, ENNHRI calls on the relevant authorities to assess the proposed amendments in full consideration of the applicable international standards and initiate an effective consultation with the Moldovan NHRI – People’s Advocate Office and other relevant stakeholders as soon as possible.
Previously, the Venice Commission[3] and ODIHR of OSCE[4] had issued opinions on the draft law, which included similar recommendations for the authorities – to respect the international standards on the activity of NHRI in advancing proposals of amendments on a national human rights institution so as not to affect its independence and ability to function effectively in the interests and benefit of people.
Promotion of Human Rights and
Communication Department
Tel: 060002656
[1] http://ennhri.org/news-and-blog/ennhris-opinion-on-the-proposed-establishment-of-an-ombudsman-for-entrepreneurs-rights-within-the-structure-of-the-moldovan-nhri/
[2] Principiile de la Paris au fost adoptate de Comisia ONU pentru drepturile omului în 1992 și de Asambleea Generală ONU în 1993 și constituie un set de criterii de care urmează să țină cont în activitatea lor instituțiile naționale de protecție a drepturilor omului. (https://www.ohchr.org/EN/ProfessionalInterest/Pages/StatusOfNationalInstitutions.aspx)
[3] http://ombudsman.md/wp-content/uploads/2021/03/Opinia-Comisiei-de-la-Venetia-20-martie-2021.pdf
[4] http://ombudsman.md/wp-content/uploads/2021/03/Opinion_Moldova_Entrepreneurs-Advocate.pdf
