National Human Rights National Human Rights Institutions and the Paris Institutions and the Paris

PrinciplesPrinciples

What is a National Human Rights What is a National Human Rights Institution (NHRI) ? Institution (NHRI) ?

• NHRI are State bodies with a NHRI are State bodies with a constitutionconstitution and/or and/or legislativelegislative mandate to mandate to protect protect and and promotepromote human rights human rights

• They are part of the State and are funded by They are part of the State and are funded by the Statethe State

What Form Can NHRI Take?What Form Can NHRI Take?

• Depending on the region or legal tradition Depending on the region or legal tradition NHRI can take different names and formsNHRI can take different names and forms

• The most common forms are: The most common forms are: • Human Rights CommissionsHuman Rights Commissions• OmbudsmanOmbudsman• Public defenderPublic defender• CommissionnerCommissionner• Etc. Etc.

What are National Human Rights What are National Human Rights CommissionsCommissions (NHRC) ? (NHRC) ?

• They are State institutions with a specific mandate to They are State institutions with a specific mandate to promote and protect human rightspromote and protect human rights

• They are headed by a number of membersThey are headed by a number of members

• Investigation is a core functionInvestigation is a core function

• Many can receive individual complaintsMany can receive individual complaints

• Many, following investigations, have the authority to Many, following investigations, have the authority to make recommendationsmake recommendations

What are « The Paris Principles »?What are « The Paris Principles »?• In 1991, previous OHCHR, convened a conference of In 1991, previous OHCHR, convened a conference of

NHRI to define common attributes that all new or NHRI to define common attributes that all new or existing NHRIs should possessexisting NHRIs should possess

• Because the meeting was held in Paris, the resulting Because the meeting was held in Paris, the resulting standards came to be known as the “Paris standards came to be known as the “Paris Principles.” Principles.”

• The Paris Principles were then adopted by a United The Paris Principles were then adopted by a United Nations General Assembly resolution in 1993. Nations General Assembly resolution in 1993.

Why are «The Paris Principles » Why are «The Paris Principles » Important?Important?

• They are They are minimum conditionsminimum conditions that must be that must be met for met for allall NHRI to be considered NHRI to be considered independent and effectiveindependent and effective in protecting and in protecting and promoting the rights of the peoplepromoting the rights of the people

• They provide They provide benchmarksbenchmarks against which new against which new NHRIs can be NHRIs can be accreditedaccredited by the International by the International Coordinating Committee’s of NHRI (ICC)Coordinating Committee’s of NHRI (ICC)

NHRI’s Accreditation Process:NHRI’s Accreditation Process:

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

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

• Accrediation status are: Accrediation status are: • if fully compliant = A status, if fully compliant = A status, • if partially compliant = B statusif partially compliant = B status

• Accreditation opens the door to Accreditation opens the door to participation in work and participation in work and discussion of the UN Human Rights Council, the ICC and discussion of the UN Human Rights Council, the ICC and other UN agenciesother UN agencies

What are «The Paris Principles » What are «The Paris Principles » Benchmarks?Benchmarks?

The Paris Principles identify The Paris Principles identify 6 main criteria6 main criteria that that NHRI should meet to be fully functioning:NHRI should meet to be fully functioning:

1)1) A broad mandate based on universal human rights A broad mandate based on universal human rights standards standards

2)2) Autonomy from governmentAutonomy from government3)3) IndependenceIndependence4)4) PluralismPluralism5)5) Adequate ressources Adequate ressources 6)6) Adequate power of investigationAdequate power of investigation

Assessing NHRI:Assessing NHRI:

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

• MandateMandate of the NHRI of the NHRI• Jurisdiction of the NHRIJurisdiction of the NHRI• Responsibilities of the NHRIResponsibilities of the NHRI• Methods of operation of the NHRIMethods of operation of the NHRI• Composition and Composition and pluralism pluralism of the NHRIof the NHRI• AutonomyAutonomy and and independenceindependence of the NHRI of the NHRI

Mandate of The NHRIMandate of The NHRI

• The mandate must be The mandate must be set out in the constitution or in set out in the constitution or in legislationlegislation

• Executive instruments such as government notifications or decrees do Executive instruments such as government notifications or decrees do not comply with the Paris Principlesnot comply with the Paris Principles

• It ensures greater permanence, It ensures greater permanence, independenceindependence and transparency and transparency

The mandate must be The mandate must be as broad as possibleas broad as possible and and based on based on human rights standards human rights standards

The mandate must be to « The mandate must be to « promote promote andand protect protect » human » human rights rights (If it is only one or the other it does not comply with the Paris (If it is only one or the other it does not comply with the Paris Principles) Principles)

Jurisdiction of The NHRIJurisdiction of The NHRIThe breadth of the mandate of an NHRI dependsThe breadth of the mandate of an NHRI depends

on its jurisdiction and responsibilities on its jurisdiction and responsibilities

NHRI’s NHRI’s jurisdiction should be as broadjurisdiction should be as broad as possibleas possibleHowever there can be limitations: However there can be limitations:

• Limitations in the type of issue:Limitations in the type of issue:Some NHRIs can only enforce civil and political rights, or some Some NHRIs can only enforce civil and political rights, or some only protect rights of some particular groups (minorities, only protect rights of some particular groups (minorities, women) or only work on discriminationwomen) or only work on discrimination

Those limitations do not prevent an NHRI from complying with Those limitations do not prevent an NHRI from complying with the « Paris Principles ».the « Paris Principles ».

Jurisdiction of The NHRIJurisdiction of The NHRI• Limitations with regard to parliamentLimitations with regard to parliament

Usually NHRI have no authority over the parliament and Usually NHRI have no authority over the parliament and cannot affect the privileges and immunities of its memberscannot affect the privileges and immunities of its membersHowever, the However, the work of the parliament can be under NHRI’s work of the parliament can be under NHRI’s scrutinyscrutiny (comment on bills) (comment on bills)

• Limitations with courts and judiciary Limitations with courts and judiciary They are usually exempt from oversight by NHRIs to ensure They are usually exempt from oversight by NHRIs to ensure their independencetheir independenceHowever, However, NHRI can monitor and report on court activitiesNHRI can monitor and report on court activities

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

Responsibilities of the NHRIResponsibilities of the NHRI

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

• These responsibilities are These responsibilities are the minimum or the minimum or basic level of responsibilitiesbasic level of responsibilities that NHRI that NHRI should covershould cover

Responsibilities Should Include:Responsibilities Should Include:• MonitoringMonitoring the human rights situation and the human rights situation and providing opinions, providing opinions,

recommendations, proposals, and reportsrecommendations, proposals, and reports to the government, to the government, parliament or other responsible organs on: parliament or other responsible organs on:

• Legislative or administrative provisions, as well as provisions Legislative or administrative provisions, as well as provisions relating to judicial organization relating to judicial organization

• The general situation of human rights or more specific issues The general situation of human rights or more specific issues such as the situation of detained individualssuch as the situation of detained individuals

• Situations of violations in any part of the countrySituations of violations in any part of the country

• It must advise by It must advise by its own initiativeits own initiative and not at the request of and not at the request of authorities and must be authorities and must be free to publicize its advices without free to publicize its advices without restraint and without requiring prior approvalrestraint and without requiring prior approval

Responsibilities Should Include:Responsibilities Should Include: Encouraging the harmonization of national legislation and practices with Encouraging the harmonization of national legislation and practices with

international human rights instruments, as well as their effective international human rights instruments, as well as their effective implementationimplementation

Encouraging the ratification and implementation of international human Encouraging the ratification and implementation of international human rights instrumentsrights instruments

Contributing to national human rights reportsContributing to national human rights reports

Cooperating with international and regional human rights organs, and Cooperating with international and regional human rights organs, and other NHRIsother NHRIs

Assisting and taking part in the development of human rights education Assisting and taking part in the development of human rights education and research programmesand research programmes

Raising public awareness about human rights and efforts to combat Raising public awareness about human rights and efforts to combat discrimination, especially racial discrimination, through publicity, discrimination, especially racial discrimination, through publicity, information, education and the use of press organsinformation, education and the use of press organs

Methods of OperationMethods of Operation

• NHRIs should hold regular meetings to ensure NHRIs should hold regular meetings to ensure effectivenesseffectiveness

• NHRIs should be able to open regional and local NHRIs should be able to open regional and local offices to establish a presence close to the peopleoffices to establish a presence close to the people

• NHRIs must NHRIs must consult and develop relationsconsult and develop relations with with other organization that promote and protect human other organization that promote and protect human rights (including NGOs) rights (including NGOs)

Composition and Pluralism Composition and Pluralism Pluralism Pluralism can be achieved through can be achieved through the composition of NHRIthe composition of NHRI by ensuring: by ensuring:

• That members represent different parts of societyThat members represent different parts of society

• That diverse social groups can suggest or recommend That diverse social groups can suggest or recommend candidates (including the civil society)candidates (including the civil society)

• That the staff is diverse and represent different social groupsThat the staff is diverse and represent different social groups

• That the participation of women is guaranteed That the participation of women is guaranteed

PluralismPluralism can be achieved through can be achieved through procedure and method of procedure and method of operationoperation that enable effective cooperation with diverse that enable effective cooperation with diverse social groups (including the civil society) social groups (including the civil society)

Composition and PluralismComposition and PluralismThe Appointment process of the members of the NHRI is a The Appointment process of the members of the NHRI is a way to ensure way to ensure pluralismpluralism and and independenceindependence

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

• The appointment process must be The appointment process must be transparenttransparent

• There should be a broad There should be a broad consultationconsultation throughout the process throughout the process

• Vacancies should be broadly Vacancies should be broadly advertizedadvertized

• There should b an important number of potential There should b an important number of potential candidate from a candidate from a wide range of social groupswide range of social groups

• Members should serve in their own capacityMembers should serve in their own capacity rather than on behalf of rather than on behalf of their organisationtheir organisation

Autonomy and IndependenceAutonomy and Independence Legal AutonomyLegal Autonomy

The constitutional provision or law that The constitutional provision or law that establishes an institution should give it a establishes an institution should give it a distinct legal personalitydistinct legal personality to allow it to make to allow it to make decisions independently and to act decisions independently and to act independentlyindependently

Autonomy and IndependenceAutonomy and Independence Operational AutonomyOperational Autonomy

• NHRIs should have the power to NHRIs should have the power to draft their own rules of proceduresdraft their own rules of procedures that that cannot be modify by an external authority cannot be modify by an external authority

• NHRI’s recommendations, reports, decision or program activities should NHRI’s recommendations, reports, decision or program activities should not be subject to an external authority’s approvalnot be subject to an external authority’s approval or or require its prior require its prior reviewreview and should be and should be available to the public and Mediaavailable to the public and Media

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

• NHRI should have the NHRI should have the right to hear any person and obtain any right to hear any person and obtain any informationinformation necessary for an examination it is undertaking necessary for an examination it is undertaking and to and to protect protect individualindividual for having do so for having do so

• The reporting obligations of an NHRI should be set out in its founding law The reporting obligations of an NHRI should be set out in its founding law

Autonomy and IndependenceAutonomy and IndependenceFinancial AutonomyFinancial Autonomy

• The State must ensure that an NHRI has the The State must ensure that an NHRI has the resources to have its resources to have its own staff and premisesown staff and premises

• An NHRI should have An NHRI should have control over its financescontrol over its finances and and how they may be usedhow they may be used

• Funds need to be Funds need to be adequateadequate and and sufficientsufficient for the for the NHRI to carry out its mandate NHRI to carry out its mandate

• The The parliament should approve the budgetparliament should approve the budget (and not (and not a part of the executive branch of the government a part of the executive branch of the government such as ministries) such as ministries)

Autonomy and IndependenceAutonomy and Independence through appointment and dismissal proceduresthrough appointment and dismissal procedures

• The terms and conditions of appointment The terms and conditions of appointment should be transparentshould be transparent and set out and set out in the constitutional provision or founding law of the NHRI in the constitutional provision or founding law of the NHRI

• The method of appointment (see above) is a guarantee of independenceThe method of appointment (see above) is a guarantee of independence

• Members should have the Members should have the professional qualificationsprofessional qualifications and experience to and experience to perform their job and a personal history of perform their job and a personal history of integrity, competence and integrity, competence and independenceindependence

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

• Freedom from arbitrary dismissal is crucial to independenceFreedom from arbitrary dismissal is crucial to independence ( (Dismissal Dismissal should be limited to serious wrongdoing, clearly inappropriate conduct or should be limited to serious wrongdoing, clearly inappropriate conduct or serious incapacity and mechanisms for dismissal should be independent of the serious incapacity and mechanisms for dismissal should be independent of the executive.)executive.)

Autonomy and IndependenceAutonomy and Independence through privileges and immunitiesthrough privileges and immunities

• NHRI members should enjoy immunity from civil and NHRI members should enjoy immunity from civil and criminal proceedings for acts performed in an official criminal proceedings for acts performed in an official capacity as a guarantee that members won’t face capacity as a guarantee that members won’t face retaliation retaliation

• Members and staff should be immune from search, Members and staff should be immune from search, seizure, requisition, confiscation or interference in seizure, requisition, confiscation or interference in their archives, files, documents, communications, their archives, files, documents, communications, property fund and assets of the office or in their property fund and assets of the office or in their possessionpossession

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

• NHRI should have the ability to receive complaints NHRI should have the ability to receive complaints against against public bodies and private bodiespublic bodies and private bodies that carry out public that carry out public functionsfunctions

• NGOs have the ability to file complaint with the NHRI on behalf NGOs have the ability to file complaint with the NHRI on behalf of victims (if they have the victims’s consent)of victims (if they have the victims’s consent)

• NHRI should have the power to act on individual or NHRI should have the power to act on individual or collectivecollective issues issues at their own initiativeat their own initiative (without prior authorization (without prior authorization requested)requested)

• NHRI should have the power to compel witnesses to testify and NHRI should have the power to compel witnesses to testify and require presentation of evidence and conduct on-site require presentation of evidence and conduct on-site investigationsinvestigations

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

SituationsSituations

• NHRI should have the power to NHRI should have the power to protect witnesses and victimsprotect witnesses and victims when necessary (confidentiality measure) when necessary (confidentiality measure)

• NHRI should have the power to NHRI should have the power to compel authorities to compel authorities to

respondrespond to their recommendations to their recommendations

• NHRI should have the power to recomend NHRI should have the power to recomend reparations for reparations for victimsvictims of human rights violations of human rights violations

• NHRI should have the authority to NHRI should have the authority to take recommendations to take recommendations to

courtcourt for enforcement for enforcement

For More InformationFor More Information

• National Human Rights Institutions: History, National Human Rights Institutions: History, Principles, Roles and Responsibilities by Principles, Roles and Responsibilities by OHCHROHCHR

• Assessing the Effectiveness of National Human Assessing the Effectiveness of National Human Rights Institutions, OHCHRRights Institutions, OHCHR

• UNDP- OHCHR Toolkit for Collaboration with UNDP- OHCHR Toolkit for Collaboration with National Human Rights InstitutionsNational Human Rights Institutions