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Protectors or Pretenders? - Government Human Rights Commissions in Africa, HRW Report 2001

chad








Overview

Summary

International Standards: The Paris Principles

Important Factors

Examining the Record in Africa

Innovative and Positive Contributions by Commissions

Regional Iniatives

The Role Of The International Community

Conclusion

Recommendations

Abbreviations

Acknowledgements




Staffing and Appointment Procedures

    By law, the CNDH is composed of twenty-one members from four broad categories: government ministries, nongovernmental human rights associations, labor unions, and individual experts in human rights. Members are appointed by the prime minister for a two-year term. Members of the commission are not paid. However, the union nominees were never named and there are actually seventeen sitting members.

    (1) Government ministries: Six members, one from each of the following ministries, named by the relevant minister: Communications, Justice, Public Health, Civil Service and Labor, Foreign Affairs, Women's Status and Social Affairs.
    (2) Nongovernmental human rights associations: Eight members of human rights associations working in Chad, named by the associations.

    (3) Four members from labor union confederations.

    (4) "Three individuals chosen for their integrity and their competence in the field of Human Rights, designated respectively by the President, the Prime Minister and the Legislature."

    Although the law refers to all of the members (except the three "individuals") as "representatives," there is nothing else in the law to indicate whether individuals act independently or as representatives of the association that named them.

    The internal regulations-which were drafted by the CNDH and issued by the prime minister-stress the independence of members, even those named by government ministries. Membership is incompatible with any function that might "affect the independence, credibility and the confidentiality of the commission," in particular (1) membership in the government (2) a leadership position in a political party, or (3) a function subject to government discretion.90 The provisions for removal and incompatibility are also in the internal regulations.

    The president represents the CNDH to the outside, calls meetings, and proposes the agenda. The president is assisted by the vice president and secretary general-currently representatives of the ministry of justice and the civil service-who together compose the directorate (bureau). The directors serve for two years, with one possibility of renewal. A two-thirds vote of members is required to convoke an extraordinary meeting of the commission, which, under current circumstances, effectively prevents any group from taking initiative without the cooperation of the government appointed members.

    The first president of the CNDH, Ache Nabia, resigned in 1996 at the request of the members, according to Domaye Nodjigoto, the current president, after she accepted a post as advisor to the prime minister. Since she was a nominee from the Women's Lawyers Association, a "suppléant" [alternate] member from the NGO sector replaced her, but did not take on the position of president. After he became president, Domaye Nodjigoto was promoted to the position of advisor in the ministry of justice and representative of the government before the administrative section of the supreme court,91 a post that requires him to defend the government position in administrative claims. Nevertheless, in his view, this does not put him in conflict with the internal regulations, which, he says, refer to positions such as ambassador or prefect. In any event, it would require a two-thirds vote to displace the president; and there is no provision in the law or regulations for removal of a member (1996 decree, Article 7).

    At the current time, there are only seventeen serving members, seven of whom were named by the human rights associations. The CNDH has a staff of three that includes a secretary, assistant and archivist. The CNDH President Domaye Nodjigoto was the NGO representative named by the LTDH. The reason is that the labor unions have never agreed on and put forward members. The term of all members expired in 1998 and the prime minister reappointed the members without consulting the organizations and ministries they represented for new elections, in violation of the law.92 The NGOs wrote to complain, but received no response. The new terms will expire in April 2000 at which point it will also be necessary to elect a new president and directorate because they can only serve two terms.

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