8.2.4.3 Terms and Conditions of Employment
The ICC Sub-committee on Accreditation has observed that salaries and benefits awarded to its staff should be "comparable" to public service salaries and conditions.6 It should be noted, though, that public sector salaries may not always be adequate or appropriate. Thus, comparable salaries should be a minimum criterion. (See the Discussion in s. 7.7.6 in Chapter 7.)
Salaries are part of the core NHRI budget and so should be funded by the state although preferably not paid directly by the State. It is not unusual to see the international community contribute to salary support. This raises its own problems: donors are often uncomfortable paying for core costs because they are recurrent, and one has to be vigilant to ensure that the government, seeing an opportunity to trim costs, does not claw back its own contribution to match donor support.7 Despite these legitimate concerns, there is some support for the view that it is appropriate in certain countries to cover or partially support operating costs such as salaries, at least at the very beginning.
One consideration is that it may be almost impossible to attract and retain qualified personnel if governmental salary levels apply. Similarly, internal promotion policies may impede NHRIs from recognising and rewarding staff who develop significant expertise. For this reason, as mentioned in Chapter 7, it is important for legislation to allow flexibility to NHRIs in hiring and promoting staff.
CASE STUDY: WORKING TOWARDS GENDER EQUALITY IN NHRIS
Gender equality in hiring is a human resources objective for NHRIs. NHRIs should model diversity: Human resources research suggests that women are less prone to engage in questionable conduct and are less likely to engage in corrupt practices – a key consideration for the legitimacy and credibility of NHRIs generally. Women also tend to be skilled in obtaining information through verbal questioning, may be seen as less threatening.
NHRIs should recruit women actively, and temporary special measures (sometimes called affirmative action) are a useful and, in most countries, a lawful strategy to identify and fill positions within the organisation by making selected positions open only to female applicants. Some NHRIs use these strategies with success. However, they rarely address concerns of inadequate female representation in more senior ranks, and can create “backlash” among resentful male colleagues if not handled properly.
It is not uncommon in developing countries to find that NHRIs encounter difficulties in achieving gender equity in the recruitment process and that not enough women apply for or are deemed qualified for many positions. One innovative strategy recommended by a human resources firm working with an NHRI in Southeast Asia is a “Women in Development Program” The NHRI can post advertisements of positions under “Women in Development Program” with modified selection criteria to increase the likelihood of women applying.
Under this program, women “are recruited into core, non-administrative roles and selected using modi"ed
selection criteria. Once selected, these women are placed on probation while undergoing training and
development which is also open to their male counterparts. Women who are deemed competent for promotion
after training and after on the job assessments can fill the position on a permanent basis.
- Adapted from recommendations made by Global Justice Solutions in the context of an NHRI in Southeast Asia.
Once the NHRI can demonstrate, through consultation with the public service that its own processes can be applied professional and fairly, restrictions that impede the capacity of the NHRI to be effective might be lifted.
Finally, staff should be hired into positions with clear job descriptions.
Annex 3: Criteria for job descriptions
These issues should be addressed as early as possible, before the actual hiring starts.
Other important areas are: ensuring that there are processes and resources for accommodating staff. NHRIs should pay particular attention to the accommodation of special requirements for employees with disabilities, and should have a policy in this regard. Similarly, the needs of religious minorities and those with parenting obligations, including new mothers, etc. should be accommodated.
Finally, disciplinary processes and complaint processes should be established and perceived as transparent and fair, including processes for handling harassment complaints.
6 ICC Sub-Committee on Accreditation General Observations (Geneva, June 2009).
7 Carver and Korotaev, "Assessing The Effectiveness of National Human Rights Institutions" 2007. Study commissioned by the UNDP Regional Centre in Bratislava.