Supervisory authorities on data protection. In line with the GDPR, the MS must regulate by Law: (a) the establishment of each supervisory authority; (b) the qualifications and eligibility conditions for appointment of member/s, (c) the rules and procedures for the appointment of the member/s. Determinants and definitions of effectiveness are found both in international standards, as well as in academic literature. The specific indicator Internal structure enables the focus on each part of the mandate for Ombudsperson and EB is satisfied highly by ombudspersons in four countries (2). In Serbia, all NHRIs have a separate budget line, which is not the case in North Macedonia, as only the Ombudsperson has it. We defend peoples civil and political rights.We partner with and support human rights defenders who work in some of the worlds most repressive regions on four continents. They defend people's civil and political rights. The EBs show more variances, as Montenegro and Serbia have scored maximum, while Albania, Bosnia and Herzegovina and Kosovo have scored medium. The Albania report states that all national NHRIs have a say on the drafting of budget requests, regardless of the fact their request could be dismissed or pending for years.16 However, reports also indicate to underspending of the budget resources, as was the case with the Ombudsperson in Montenegro.17 In addition, the vast part of the budget is spent on salaries, as also shown in the country report for Montenegro. It seems that Crd . Each domain participates equally in the final score - 25%, as all domains are considered equally important for the effectiveness of the NHRI. On the indicator coverage of sectors, ombudspersons in Albania, Bosnia and Herzegovina and Kosovo scored high 2, as they cover both the public authorities and the private sector performing public functions. The rising interest for issues relevant to the effectiveness of NHRI is evident in the recent Working report on the role and status of Ombudsperson and Commissioner for the protection of equality.71 However, the academic research literature on NHRIs is limited, having only one comprehensive study on independent institutions in Serbia.72, The European Network of Legal Experts in the Non-discrimination field annual reports on non-discrimination inspect the compliance of the equality body with EU directives standards. MostNHRIsare ranked medium (1), meaning that the NHRIs recruits its staff, but there are modes for transfer of staff by the government or other forms of influence on staff recruitment exerted by the government. SADP- FAI in Serbia and the SADP and FAI in North Macedonia scored the lowest (0), which means that they do not have enough financial resources to fulfil their legal mandate. Challenges also remain regarding specific safeguard mechanisms for independence such as the absence of protection from threat or coercion, lack of explicit ban on instruction from the government, or not sufficiently precise definition of conflict of interests. All other SADPs were marked medium (1), as they do not encompass all the powers enlisted under the GDPR. The principle of independence of the supervisory data authority is enshrined in the Charter of Fundamental Rights of the European Union Article 8(3), which sets out that compliance with data protection shall be subject to control by an independent authority.112, An independent supervisory authority for data protection was introduced with the Data Protection Directive from 1995113 and wider elaborated in the new 2016 EU Regulation (General Data Protection Regulation GDPR).114. We solicit membership from human rights activist and other organizations who wish to render services to the Civil Rights Defenders, the human race. Only specific provisions on individual bodies can be extrapolated as best practices, but this cannot be generalised for any of the countries, or type of bodies. In most European countries, new bodies have been created to deal with equal treatment multi-ground or single-ground. crdefenders. In this line, a networking hub among regional NHRIs should be considered with the aim to promote and foster closer regional cooperation between NHRIs, as well as with other relevant human rights actors. $124,000,000 INVESTED IN ACTIVISM Since our founding, the Fund has raised and invested more than $124 million into the work of 900+ activists and organizations in more than 50 countries. The Montenegrin Ombudsperson scored the same for this mandate 1.15. Get the latest from our news, events and meetings. Development of activities aimed at defending the environment, stgtagatan 90 SE-116 64 Stockholm Sweden. 34 adopted in 2011120, which is an authoritative interpretation on the scope and limits of the right to information under Article 19 of the ICCPR further elaborated the free access to information, but still did not include any recommendation on the independent body for free access to information. The EB Report in North Macedonia and the SADP report in Albania were only debated in parliamentary bodies (thus receiving the score 1). The elaborated GDPR rules on the Supervisory Authority (SA) are classified into two categories: 1) independent status and 2) mandates, tasks and powers. The equality bodies cut between 1.00 and 1.70. The 2001 Additional Protocol to Convention 108, however, enhanced the data protection guarantees by setting up supervisory authorities that shall exercise their functions in complete independence. The average score of indicators in this domain is 1.22. While this approach provides comparability between the countries and NHRIs, it could not fully take into account the complexity and dynamics of development of NHRIs in the WB since their establishment. The growing international commitments and activities in the area of the rights of the child resulted in creating specific institutions or yet broadening the mandate and creating particular units with the already existing NHRI (general NHRI). The Committee on the Rights of the Child, with responsibilities related to the implementation of the Convention on the Rights of the Child (CRC) stated that every State needs an independent human rights institution with responsibility for promoting and protecting childrens rights, which should be able independently and effectively, to monitor, promote and protect childrens rights.96 Furthermore, it advised on the basic standards to be fulfilled by the NHRI (which are largely in line with the Paris Principles) and the activities it should pursue in the implementation of the rights of the child. However, the scores in this domain also point to the insufficient capacity of most NHRIs in the region to further improve their effectiveness by themselves, illustrated by the lack of strategic vision, low capacity for appropriate spending of the available funds, insufficient capacity building and professionalism, inadequate internal organisation and distribution of resources, etc. Its provisions, although less elaborated and more generalised, essentially correspond to the EU GDPR. The document has a unique approach since it examines the two key indicators of independence and effectiveness in relation to the conditions created for such structures by external actors and in relation to the operation of the structures and the factors which lie within the control of these bodies.108, The Revised General Policy Recommendation No. As stated previously, the EB in North Macedonia did not have any staff. There are no public opinion surveys for the other NHRIs. North Macedonia scored only 1 since the provision is watered down by the or social sciences education part,2 which made the criteria porous to unqualified persons.3 The data protection supervisory authorities in all countries received a medium score (1), as none of the relevant laws requires a more specialised experience in data protection. In addition, the EBs have an obligation to promote equality through training, raising awareness and developing standards. Variances are smaller with the EBs, the EB in Serbia scoring highest 1.49 and the EB of North Macedonia scoring the lowest 0.95. In some cases, there is little correlation between the amount allocated to the NHRI and the effectiveness as assessed by this research. Strengthens and supports defenders of human rights and #democracy. Each value is described as a certain state/level of the indicator. Arranged by. The following equal treatment directives, which are obligatory for the EU Member States, constitute provisions on equality bodies: Each of the directives contains an identical provision 1. 402 were here. This research aims to assess the effectiveness of the human rights institutions in Albania, Bosnia and Herzegovina, Kosovo, Montenegro, North Macedonia, and Serbia, based on a pre-defined set of indicators. The character of the national institution, Diversity, civil society and accessibility. Activist Mimoza Gavrani from Pristina, Kosovo said that she will use the report to inform her advocacy work and hopes it will help advance the implementation of legislation shaped by its recommendations regarding the Roma, Ashkali and Egyptian communities. Part of the reason was due to the threats and disownment that came from defending an African American , but a large part of it was the overall racism that had swallowed up society. All the other NHRIs are also within the range for the highest score on this indicator and have mandates of either 5 and 6 years. The NGO Network for the Affirmation of NGO Sector (MANS) recently published a report on the role and capacity of the Agency for Free Access to Information and Data Protection.62, In North Macedonia, the European Policy Institute Skopje has been publishing regular annual monitoring reports of the Network 23 on Chapter 23 Judiciary and Fundamental Rights, including the NHRIs role in the protection of fundamental rights.63 A specific monitoring report on the Ombudsperson by NGO Infocentar from 2018 covered several aspects relevant for the institutions effectiveness legal framework, regional offices, as well as communication and cooperation with NGOs and media.64 The Non-discrimination Network has been monitoring the implementation of the Anti-discrimination Law since 2011, including the operation of the Commission for Prevention and Protection of Discrimination65, while the Helsinki Committee for Human Rights published an annual information bulletin on discrimination.66 The think-tank Analytica has set out a framework for monitoring the Commission on Free Access to Public Information and the Data Protection Directorate.67, In Serbia, a regular annual report on the state of human rights is published by the Centre for Human Rights, which includes observations and assessments on the NHRIs.68 In addition, an annual shadow report on the state of democracy in Serbia is published, which includes findings on the NHRIs.69 There is also a comprehensive study on the effectiveness of anti-discrimination legal framework, including the work of the Commissioner for Protection of Equality (CPE).70 The Coalition prEUgovor has been regularly monitoring progress in Chapters 23 and 24 of the EU accession process, through structured monitoring of the implementation of the Action Plans for fulfilling the EU interim benchmarks, resulting in Alarm reports. Together with local partners we monitor the authorities and demand accountability when they violate human rights in law or practice. However, it serves as a prism through which the global standards are incorporated and embedded. Civil Rights Defenders defends people's civil and political rights.. Read Crd.org news digest here: view the latest Crd articles and content updates right away or get to their most visited pages. We defend peoples civil and political rights. In contrast, the Serbian law resorts to a more general provision of experience on legal affairs within the competence of the PC and consequently scored medium (1) in this indicator. Consequently, additional research is needed to evaluate the level of socialization of the NHRIs from the region in the international human rights sphere. All EBs scored maximum on the sub-indicator free of charge since the procedure of submission does not impose any costs. 5: "For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels: (a) To meet or assemble peacefully;". The Montenegrin Ombudsperson has scored best among ombudspersons (1.37), followed by the Albanian, Kosovan (1.33) and Serbian Ombudsperson (1.13). The most recent trends in developing the standards for NHRIs undoubtedly demonstrate the striving to create the potential of the NHRIs for broader impact in society and encouraging social change. However, no proportionality can be observed in the individual allocations to the NHRIs in each country, except in the case of Montenegro, where both NHRIs (which have double mandates) have been allocated almost equal funds. The mandate-based approaches are performance-based and focus on the success in performing the mandate of the NHRI. San Francisco Bay Area, Silicon Valley), Operating Status of Organization e.g. Challenges in the region are still pertaining even to a basic standard as debating the reports of NHRIs in parliament, while substantial parliamentary scrutiny is missing. The other provisions on independence are obligations of the Member State to ensure that the supervisory authority: Strict conditions are set out for the members of the SA: A member shall be dismissed only in cases of serious misconduct or if the member no longer fulfils the conditions required for the performance of the duties. About Civil Rights Defenders. Finally, on the indicator of public opinion on independence, none of the institutions managed to reach 50%, which was the set minimum, so all scored 0. The average value per institution for this domain is 1.33. FAI scores are relatively even and low on average: 1.06 for Albania, 0.31 for Bosnia and Herzegovina, 0.88 for Kosovo, 0.81 for Montenegro and 0.69 for North Macedonia and Serbia. Moreover, the allocation of mandates to separate bodies such as the case of North Macedonia does not seem to lead to more effective institutions performing those mandates. Substantial work was done around the human rights package. It features cross-cutting human rights topics such as corruption and human rights, transitional justice, the right to freedom of expression and the environment and human rights. The Special Rapporteur has further developed the standards set out by the Committee on the promotion and protection of the right to freedom of opinion and expression in his 2013 Report to the General Assembly on the right to access information and its relationship with the right to truth.121 In this Report, the Special Rapporteur recommended that: 101. Member States shall designate a body or bodies for the promotion of equal treatment of all persons without discrimination on the grounds of . The safety of journalists and press freedom is another concern the report highlights. Consequently, we present the findings for each body/mandate, comparatively for all the countries. Observations on essential requirements of the Paris Principles include the following issues: 1.1 The establishment of NHRIs; 1.2 Human rights mandate; 1.3 Encouraging ratification or accession to international human rights instruments; 1.4 Interaction with the international human rights system; 1.5 Cooperation with other human rights bodies; 1.6 Recommendations by NHRIs; 1.7 Ensuring pluralism of the NHRI 1.8 Selection and appointment of the decision-making body of NHRIs; 1.9 Political representatives on NHRIs; 1.10 Adequate funding of NHRIs; 1.11 Annual reports of NHRIs. Related to immunities, only the Kosovan Ombudsperson and the Albanian EB scored the highest (2) since they have both functional immunity and protection against threat and coercion. The NGO maintained that free access to information had been politicised, given the upcoming local elections (May 2018).7 In the case of the equality body in North Macedonia, the most contested case was the Opinion the CPAD adopted in the case of the runaway former Prime Minister Nikola Gruevski. As there are no explicit international standards for the independent bodies on free access to information, in this Methodology, the general standards for NHRI are adapted for the matrix of indicators in this case. Through advocacy, litigation, and public campaigns, we advance peoples rights globally. While recent definitions of effectiveness emphasise impact, this approach has most practical obstacles, as it is challenging to isolate the factor of NHRI effectiveness as a determinant for a situation of the human rights and the lack of a general measure of respect for human rights means that determining the impact of an NHRI across the board is impossible at the present time.88. The score of the EB in North Macedonia is due to two main factors: (1) the EB is, under law, not allowed to employ people14 and, basically, functions with the help of volunteers and borrowed staff from the Ministry of Labour and Social Policy; (2) the EB has a meagre budget (almost three times lower than the other lowest budget of an NHRI in the country the budget of the FAI authority), which prevents this body from exercising most of its mandate.15. Clear All. NGOs are concerned with the cases of threats, denigrating language, and physical attacks against journalists reported during 2021 and an increase in the use of Strategic Lawsuits against Public Participation (SLAPPs). Complaints handling seems to be already an established practice, but key issues relate to the follow-up of recommendations. Concerning participation in international activities, all ombudspersons and EBs scored high (2), while EB in North Macedonia scored medium (1). The NHRIs in the region should support each other by endorsements for membership in regional and international organizations for NHRIs who are not members yet. Montenegro scored low (0), as the mandate of its SADP does not include such powers. \\All countries need a strong civil society that scrutinizes those in power and presses for positive development. Ombudspersons in Montenegro, North Macedonia and Serbia cut medium as they cover the public authorities, without significant exceptions, but do not cover the private sector performing public functions. An animated presentation of the organisation Civil Right Defenders. However, in Montenegro and Serbia, complaints can be submitted in a language of the complainants choosing which is common in the country where the equality body is located (maximum 2 points assigned). The protection of witnesses and whistle-blowers, as well as professional secrecy rules for SADP in most cases, need to be strengthened. The highest score is due to the law requiring specific human rights expertise. The EU conditionality is the main umbrella for the development of NHRIs in the WB. The start of the democratic transition processes in the Western Balkans coincided with the major efforts in the international community to strengthen the protection of human rights at the global level. The SADP and FAI all received the middle score, except for the SADP in Kosovo, which scored 2 and the FAI in North Macedonia, which scored 0. Back Submit. EBs in Montenegro, North Macedonia and Serbia did not submit such contributionsin 2018, so they all scored 0. The SADP and FAI bodies are generally appointed by an independent body (parliament), through a transparent procedure, but the standards are not explicitly set as requiring a participatory approach. Two papers relevant for Bosnia and Herzegovina are included.75 However, with donor support, some research has resulted in relevant comparative studies, such as a regional study on non-discrimination in 2016.76. This is the case also with Serbia, although the level of trust is significantly lower. On the indicator transparent and meritocratic recruitment procedures, none of theNHRIs scored maximum 2, as none was assessed as recruiting staff independently, in a transparent and meritocratic manner. is provided with the human, technical and financial resources, premises and infrastructure necessary for the effective performance of its tasks and exercise of its powers; chooses and has its staff which shall be subject to the exclusive direction of the member or members; is subject to financial control which does not affect its independence and that it has separate, annual public budgets, which may be part of the overall state or national budget. The Report on Assessing the Effectiveness of National Human Rights Institutions has determined the following domains: Richard Carver, at the same time, develops a slightly distinct approach that measures the effectiveness of NHRIs, classifying the following dimensions:129. Regarding the criterion no instruction from government, the ombudspersons in Bosnia and Herzegovina, Kosovo, North Macedonia and Serbia, the EB in Albania and the SADP in Serbia received the highest score attainable (2) because of explicit provisions on the prohibition of interference, albeit not explicitly quoting the Government, but rather stating that no one has the right to influence his/her work4 All other institutions got a medium score (1), as the laws contain only general legal provisions on independence. As the European Community has acceded to the Convention126, the EU Member States are obliged to implement it. We partner with and support human rights defenders who work in some of the world's most repressive regions on four continents. In the Council of Europe context, the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (Convention 108) itself did not initially provide for the setting up of national supervisory authorities. Impact-based approaches focus on what effect an NHRI has in improving respect for human rights. Civilrightsdefenders.com.This domain provided by domains.google.com at 2004-10-05T22:22:58Z (17 Years, 325 Days ago), expired at 2022-10-05T22:22:58Z (0 Years, 39 Days left). Kenya Directory of support organizations for defenders of the environment, land, territory and human rights associated with them. Exploring these factors would assist in identifying the directions and options for the further strategic development of the NHRIs in the region. The indicator on accessibility was broken down to sub-indicators for different NHRIs, to reflect the more precise requirements in international standards for specific categories. The economic context is also highly relevant for the effectiveness of the NHRIs, which need resources to fulfil their mandate. The comparative analysis leads to the conclusion that the statutory framework in the Western Balkan countries has established the basis for independence, which is above the minimum. Civil Rights Defenders is an international human rights organisation, founded in 1982 in Stockholm, Sweden. We have presented here the comparative findings for all the mandates of the NHRIs for the six countries in each domain. A group of thirty-seven key non-governmental organizations (NGOs) launched their third joint report on the human rights situation in Kosovo* with the support of UN Human Rights and the UN Mission in Kosovo's* (UNMIK) Human Rights Component. While equipped with other relevant powers for complaints, none of the Ombudspersons in the region has the ability to settle complaints through a binding determination, does scoring medium (1) on the powers on complaints. On the regulatory functions/authorisations, theSADPs mainly scored medium (North Macedonia, Albania, BiH and Kosovo), meaning that they have some, but not all the functions and authorisations requires by the GDPR. CRD has a presence on four continents and is active in some of the world's most repressive regions. The case of the SADP FAI explained in the country report on Serbia is illustrative: according to the Commissioner, the funds in the Budget for 2018 were not sufficient even for the salaries of the existing number of employees, despite the fact that in all the programming documents of the Government and the National Assembly, as well as in the Action Plan for the Chapter 23 it is stipulated that one of the goals is to strengthen the institutions staff resources. Authorisation of contractual clauses and provisions referred to in Article 46(3); Approving binding corporate rules pursuant to Article 47; Adopt standard contractual clauses referred to in Article 28(8) and point (d) of Article 46(2); Establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4); Upon request, provide information to any data subject concerning the exercise of their rights under the Regulation and, if appropriate, cooperate with the supervisory authorities in the other Member States to that end. Medium grade (1), which meant that the institution had enough financial resources for some parts of its mandate, but not for all was assigned to all other ombudspersons, as well as to all other equality bodies, except for the Macedonian one, which scored 0. 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