The Commissioner sent a letter to Malta’s Minister for Equality and Civil Rights, Rosianne Cutajar, welcoming the introduction of Bill N.3 to establish a National Commission for Human Rights and Equality.
The Commissioner welcomed several features of the bill, including the Commission’s proposed constitutional basis, recognition of its independence and impartiality, and provisions concerning adequate resources, protection against arbitrary budget cuts and autonomy in staff selection.
To ensure that the new body can fulfil its mandate with the necessary independence, authority and effectiveness, in line with international standards, Commissioner O’Flaherty suggested the following adjustments:
- Ensure that the bill establishes an independent, transparent and participatory selection process for the Commissioner and Commission members;
- expand the definition of human rights contained in the Bill to prevent narrowing the scope of the mandate below applicable standards;
- ensure that any provision excluding matters of national security from the Commission’s competence is precisely and narrowly defined and strictly necessary, and subject to safeguards to prevent arbitrary application;
- include clear provisions regarding the Commission’s reporting obligations and the follow-up from authorities.