Assess the needs of victims of gender based violations and marginalization and make
recommendations which may include urgent interim measures, as to the appropriate
measures required to redress such violations and marginalization, including the policy
which should be followed or measures which should be taken to restore the human
and civil dignity of such victims;
12.0 Executive Appointments
Section 13 provides for the establishment of the Secretariat of the Commission ‘in
consultation’ with the Minister and the Minister responsible for Finance. This is in violation
of section 234 of the Constitution which gives the NPRC power to recruit and regulate its
own staff. It is also in violation of section 235 of the Constitution which upholds the
independence of all Chapter XII Commissions. The NTJWG Minimum Standards states that
the NPRC must be allowed to develop its own recruitment policy for its secretariat. It further
states that it will be a violation of the NPRC’s constitutional independence for any organ of
the state or another body to try to influence who will serve the Secretariat of the NPRC.4
Apart from the Chairperson and commissioners this position is the most important position in
the Commission. The Executive Secretary is arguably the most powerful person in the
Commission after the Chairperson. The Secretary, typically, controls the finances, logistics and
operations of the Commission.
Even though, it is the Commission that appoints the Executive Secretary, the two Ministers
will be in a particularly strong position to influence who is ultimately appointed. In so doing
the government can effectively influence the way the commission operates through this
appointment.
A provision in line with the Constitution, the recommendations of the people during the
public hearings as well as UN standards would give full power to the Commission to hire and
fire its own staff.
It may as well be mentioned here that the current state of affairs
in which members of the Office of the President have been
delegated to act as Secretariat of the NPRC is undesirable and
will not stand a constitutional challenge as it undermines the
independence of the NPRC and weakens the foundations upon
which it is being established. It will be tragic for the NPRC is
persons associated with organs of the State previously accused of
human rights violations end up being the Secretariat of the
NPRC as this will severely damage the integrity of the NPRC and
scare away victims from ever associating with the Commission.
13.0 Ministerial Approval
4
NTJWG, 2015, Standard 8
16
UN on Independence of
the Commission
Once established, the
commission
should
operate free of direct
influence or control by
the
Government,
including in its research
and
investigations,
budgetary
decisionmaking, and in its report
and recommendations.
Where
financial
oversight is needed,
operational
independence should be
preserved.
Political
authorities should give
NTJWG Analysis of theclear
NPRC
Bill, March
2017
signals
that the
commission will be
operating independently.
Rule of Law Tools for PostConflict States – Truth
Commissions
Select target paragraph3
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