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Soutien à l'Ombudsman polonais. Communiqué d'ENNRHI

Soutien à l'Ombudsman polonais. Communiqué d'ENNRHI
Date de publication : 28/10/16
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Soutien à l'Ombudsman polonais. Communiqué d'ENNRHI

Le réseau européen des INDH, ENNRHI, demande à tout soit mis en oeuvre pour que l'indépendance de l'Ombusdman polonais soit respectée et que les moyens financiers suffisants lui soient accordés, pour lui permettre de rester en conformité avec les Principes de Paris.

Poland’s Commissioner for Human Rights is an independent and respected National Human Rights Institution (NHRI), fully compliant with the UN Paris Principles. NHRIs are recognised by the UN, the OSCE, the Council of Europe and the EU as key actors in the national, regional and international human rights framework.

As an A-status NHRI, the Commissioner for Human Rights is accredited as being independent, impartial, pluralistic and accountable in its work to promote and protect human rights in Poland. It is a valued member of ENNHRI, the European Network of National Human Rights Institutions.

Further to its Joint statement of March 2016, and the report of the International Ombudsman Institute’s fact finding mission in July 2016, ENNHRI expresses its deep concern that recent developments in Poland could negatively impact on the Commissioner for Human Rights’ vital role to promote and protect human rights, further to the UN Paris Principles and the Polish Constitution. In particular, we draw the Polish authorities’ attention to the following requirements that could be compromised by recent actions.


First, the UN Paris Principles place independence as the central and fundamental requirement for NHRIs to carry out their mandate effectively. One vital component to fulfil this condition is for NHRIs to have adequate state funding, “in order to be independent of the Government and not be subject to financial control which might affect its independence.”iv In this regard, ENNHRI shares the concerns of various international bodies, such as the Council of Europe Commissioner for Human Rightsv and UN treaty bodies.vi ENNHRI calls for prompt action to ensure the Commissioner for Human Rights has adequate funding to carry out its mandate fully in line with the UN Paris Principles, as well as its related mandates, such as National Preventative Mechanismvii and the independent monitoring mechanism for the rights of persons with disabilities.


Secondly, NHRIs’ mandate “includes all rights set out in international, regional and domestic instruments. ENNHRI is concerned about actions taken against the Polish Commissioner for Human Rights,x in reaction to its work in the field of protection and promotion of rights of LGBTI persons in line with its mandate, and based on binding international human rights standards, including the EU Charter of Fundamental Rights and Equality Directives


Thirdly, the UN Paris Principles require a “stable mandate for the members of the national institution, without which there can be no real independence… The grounds for dismissal must be clearly defined and appropriately confined to only those actions which impact adversely on the capacity of the member to fulfil their mandate.” ENNHRI underlines the importance of respecting the Commissioner for Human Rights’ security of tenure and authority to promote and protect human rights, as set out in its mandate and the UN Paris Principles.


Finally, to comply with the UN Paris Principles, it is “strongly recommended that provisions [are] included in national law to protect legal liability of members of the NHRI’s decision making body for the actions and decisions that are undertaken in good faith in their official capacity. Such functional immunity reinforces the independence of a [NHRI], promotes the security of tenure of its decision-making body, and its ability to engage in critical analysis and commentary on human rights issues.” ENNHRI remains concerned by recent developments which facilitated broadly lifting the immunity of the Commissioner for Human Rights and, as with the OSCE-ODIHR Opinion, calls for relevant legislation to ensure that appropriate immunity provisions are in place, in line with the UN Paris Principles.


ENNHRI strongly supports the Commissioner for Human Rights in its work to promote and protect human rights in Poland. ENNHRI urges all relevant actors to take prompt action to ensure that the Commissioner for Human Rights has sufficient funding and independence to carry out its mandate in line with the UN Paris Principles.

Communiqué de ENNHRI, soutenu par le bureau européen du Haut Commissaire aux droits de l'homme des Nations unies, l'Institut international des Ombusdman et Equinet