 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

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