SCA Procedure for Challenge Before the Bureau

SCA Procedure for Challenge Before the Bureau

Adopted by the GANHRI Bureau at its Meeting held in Geneva, Switzerland, 6 March 2017

The procedure for deliberation on a challenge brought to the Bureau for consideration pursuant to Article 12.1(vii) of the GANHRI Statute shall be as follows:

  • (i) The issues to be considered by the Bureau are limited to those put forward by the applicant NHRI in its challenge letter, subject to the provisions of sub-section (ii) below.
  • (ii) The Bureau shall not consider information, whether contained in the challenge letter or presented to the Bureau in another form, referring to information that was not before the SCA at the time of its decision. Such information shall be remitted to the SCA for consideration at its next session to determine whether this constitutes the written evidence deemed necessary to establish the NHRIs continued conformity with the Paris Principles pursuant to Article 18.1 of the Statute.
  • (iii) The standard for review by the Bureau is whether the SCA recommendation sufficiently demonstrates that the applicant NHRI falls substantially short of the standards articulated in the Paris Principles as interpreted through the General Observations.
  • (iv) The SCA recommendation does not meet this standard where:

a. it is based on a consideration not contained in the Paris Principles as interpreted through the General Observations;

b. it is based on a manifest disregard of the Paris Principles as interpreted through the General Observations;

c. it is manifestly erroneous or arbitrary; or d. it is not sufficiently comprehensive so as to permit a finding that the applicant NHRI falls substantially short of the standards articulated in the Paris Principles as interpreted through the General Observations.

  • (v) Where the Bureau decides that:

a. the SCA recommendation meets the standard articulated in sub-section (iii) of this Article, it will adopt the recommendation as its final decision.

b. the SCA recommendation does not meet the standard articulated in sub-section (iii) of this Article, it will direct the SCA to re-consider the application at its next session and to submit its revised recommendation to the Bureau.

  • (vi) If, during its deliberations, the Bureau finds that the General Observations should be amended, it will request the SCA to submit a proposal to it. This direction is without prejudice to the decision of the Bureau pursuant to sub-sections (v)a. and b.

Download the procedure here in English - SCA Procedure for Challenge Before the Bureau (English).pdf

Download the procedure here in Arabic - SCA Procedure for Challenge Before the Bureau (Arabic).pdf

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Statement of Compliance (SOC) Template

SCA Practice Note 1 - Deferrals

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