National Human Rights Institutions and the Paris Principles

What is a National Human Rights Institution (NHRI) ?

• NHRI are State bodies with a

constitution

and/or

legislative

mandate to

protect

and

promote

human rights • They are part of the State and are funded by the State

What Form Can NHRI Take?

• Depending on the region or legal tradition NHRI can take different names and forms • The most common forms are: • • • • • Human Rights Commissions Ombudsman Public defender Commissionner Etc.

What are National Human Rights Commissions (NHRC) ?

• They are State institutions with a specific mandate to promote and protect human rights • They are headed by a number of members • Investigation is a core function • Many can receive individual complaints • Many, following investigations, have the authority to make recommendations

What are « The Paris Principles »?

• In 1991, previous OHCHR, convened a conference of NHRI to define common attributes that all new or existing NHRIs should possess • Because the meeting was held in Paris, the resulting standards came to be known as the “Paris Principles.” • The Paris Principles were then adopted by a United Nations General Assembly resolution in 1993.

Why are «The Paris Principles » Important?

• They are

minimum conditions

met for

all

that must be NHRI to be considered

independent and effective

in protecting and promoting the rights of the people • They provide

benchmarks

against which new NHRIs can be

accredited

by the International Coordinating Committee’s of NHRI (ICC)

NHRI’s Accreditation Process:

• The International Coordination Committee of National Institutions for the promotion and protection of human rights (ICC) grants “accreditation” to NHRIs •

Accreditation is the official recognition that NHRI comply fully with the Paris Principles

• Accrediation status are: • • if fully compliant = A status, if partially compliant = B status • Accreditation opens the door to

other UN agencies participation in work and discussion of the UN Human Rights Council, the ICC and

What are «The Paris Principles » Benchmarks?

The Paris Principles identify

6 main criteria

NHRI should meet to be fully functioning: that

1) 2) 3) 4) 5) 6) A broad mandate based on universal human rights standards Autonomy from government Independence Pluralism Adequate ressources Adequate power of investigation

Assessing NHRI:

To assess whether an NHRI complies with the « Paris Principles’s » criteria and requirements, one needs to look at the following issues: • • • • • •

Mandate

of the NHRI Jurisdiction of the NHRI Responsibilities of the NHRI Methods of operation of the NHRI Composition and

pluralism

of the NHRI

Autonomy

and

independence

of the NHRI

Mandate of The NHRI

• The mandate must be

set out in the constitution or in legislation

• • Executive instruments such as government notifications or decrees do not comply with the Paris Principles It ensures greater permanence,

independence

and transparency  The mandate must be

as broad as possible human rights standards

and

based on

 The mandate must be to «

promote and protect

» human rights

(If it is only one or the other it does not comply with the Paris Principles)

Jurisdiction of The NHRI

The breadth of the mandate of an NHRI depends on its jurisdiction and responsibilities

NHRI’s

jurisdiction should be as broad as possible

However there can be limitations: • Limitations in the type of issue: Some NHRIs can only enforce civil and political rights, or some only protect rights of some particular groups (minorities, women) or only work on discrimination Those limitations do not prevent an NHRI from complying with the « Paris Principles ».

Jurisdiction of The NHRI

• Limitations with regard to parliament Usually NHRI have no authority over the parliament and cannot affect the privileges and immunities of its members However, the

work of the parliament can be under NHRI’s scrutiny

(comment on bills) • Limitations with courts and judiciary They are usually exempt from oversight by NHRIs to ensure their independence However,

NHRI can monitor and report on court activities

• Time limits Most NHRIs can address only matters that arose after their establishment. Moreover, many NHRI set a time limitation of 1 or 2 year after the violation accured

Responsibilities of the NHRI

• The Paris Principles describe the range of responsibilities that should be within the mandate of an institution • These responsibilities are

the minimum or basic level of responsibilities

that NHRI should cover

Responsibilities Should Include:

•

Monitoring

the human rights situation and

providing opinions, recommendations, proposals, and reports

to the government, parliament or other responsible organs on: • • • Legislative or administrative provisions, as well as provisions relating to judicial organization The general situation of human rights or more specific issues such as the situation of detained individuals Situations of violations in any part of the country • It must advise by

its own initiative

and not at the request of authorities and must be

free to publicize its advices without restraint and without requiring prior approval

Responsibilities Should Include:

 Encouraging the harmonization of national legislation and practices with international human rights instruments, as well as their effective implementation  Encouraging the ratification and implementation of international human rights instruments  Contributing to national human rights reports  Cooperating with international and regional human rights organs, and other NHRIs  Assisting and taking part in the development of human rights education and research programmes  Raising public awareness about human rights and efforts to combat discrimination, especially racial discrimination, through publicity, information, education and the use of press organs

Methods of Operation

• NHRIs should hold regular meetings to ensure effectiveness • NHRIs should be able to open regional and local offices to establish a presence close to the people • NHRIs must

consult and develop relations

with other organization that promote and protect human rights (including NGOs)

Composition and Pluralism

Pluralism

can be achieved through

the composition of NHRI

by ensuring: • That members represent different parts of society • That diverse social groups can suggest or recommend candidates (including the civil society) • That the staff is diverse and represent different social groups • That the participation of women is guaranteed

Pluralism operation

can be achieved through

procedure and method of

that enable effective cooperation with diverse social groups (including the civil society)

Composition and Pluralism

The Appointment process of the members of the NHRI is a way to ensure

pluralism

and

independence

• The

parliament

should be part of the selection process to make it more credible and transparant • The appointment process must be

transparent

• There should be a broad

consultation

throughout the process • Vacancies should be broadly

advertized

• There should b an important number of potential

candidate from a wide range of social groups

•

Members should serve in their own capacity

their organisation rather than on behalf of

Autonomy and Independence

Legal Autonomy

The constitutional provision or law that establishes an institution should give it a

distinct legal personality

to allow it to make decisions independently and to act independently

Autonomy and Independence

Operational Autonomy

• NHRIs should have the power to

draft their own rules of procedures

cannot be modify by an external authority that • NHRI’s recommendations, reports, decision or program activities should not be subject to an external authority’s approval or require its prior

review

and should be

available to the public and Media

• NHRI staff should report to and be accountable to the head of the NHRI • NHRI should have the

right to hear any person and obtain any information

necessary for an examination it is undertaking and to protect individual for having do so • The reporting obligations of an NHRI should be set out in its founding law

Autonomy and Independence

Financial Autonomy

• The State must ensure that an NHRI has the resources to have its

own staff and premises

• An NHRI should have

control over its finances

how they may be used and • Funds need to be

adequate

and

sufficient

NHRI to carry out its mandate for the • The

parliament should approve the budget

a part of the executive branch of the government such as ministries) (and not

Autonomy and Independence

through appointment and dismissal procedures

• The terms and conditions of appointment

should be transparent

in the constitutional provision or founding law of the NHRI and set out • The method of appointment (see above) is a guarantee of independence • Members should have the

professional qualifications

and experience to perform their job and a personal history of

integrity, competence and independence

• The term of appointment should be fixed and not too short (2 years for instance is too short) •

Freedom from arbitrary dismissal is crucial to independence

executive.)

(Dismissal

should be limited to serious wrongdoing, clearly inappropriate conduct or serious incapacity and mechanisms for dismissal should be independent of the

Autonomy and Independence

through privileges and immunities

• NHRI members should enjoy immunity from civil and criminal proceedings for acts performed in an official capacity as a guarantee that members won’t face retaliation • Members and staff should be immune from search, seizure, requisition, confiscation or interference in their archives, files, documents, communications, property fund and assets of the office or in their possession

Principles That Apply to NHRI With The Competence to Receive Complaints Concerning Individual Situations

• NHRI should have the ability to receive complaints

against public bodies and private bodies

that carry out public functions • NGOs have the ability to file complaint with the NHRI on behalf of victims (if they have the victims’s consent) • NHRI should have the power to act on individual or

collective

issues

at their own initiative

(without prior authorization requested) • NHRI should have the power to compel witnesses to testify and require presentation of evidence and conduct on-site investigations

Principles That Apply to NHRI With The Competence to Receive Complaints Concerning Individual Situations

• NHRI should have the power to

protect witnesses and victims

when necessary (confidentiality measure) • NHRI should have the power to

compel authorities to respond

to their recommendations • NHRI should have the power to recomend

reparations for victims

of human rights violations • NHRI should have the authority to

take recommendations to court

for enforcement

For More Information

• National Human Rights Institutions: History, Principles, Roles and Responsibilities by OHCHR • Assessing the Effectiveness of National Human Rights Institutions, OHCHR • UNDP- OHCHR Toolkit for Collaboration with National Human Rights Institutions