DEFINING A NATIONAL HUMAN RIGHTS INSTITUTION THE PARIS PRINCIPLES ppt 2.1 Based on Kjaerum, M. (2003). National Human Rights Institutions Implementing Human Rights UN’s Professional Training Series No. 4 - National Human Rights Institutions OHCHR Fact Sheet 19 The Paris Principles

UN ECONOMIC AND SOCIAL COUNCIL – 1946 Member States were invited to consider the desirability of establishing local bodies in the form of information groups or local human rights committees. These groups/committees would serve as vehicles for collaboration with the UN Commission on Human Rights (ECOSOC Resolution 2/9. Section 5 1946). NB – The term National Institution is not used here and the “bodies” were not envisaged to be independent investigative institutions

1946 - 1991 NHRIs were being discussed often in the international arena Yet, there were very few NHRIs by 1990 First UN international conference in late 1970s – but conference of States First institutions established in late 1970s and early 1980s “In the period between 1946 and 1991 the issue of creating mechanisms to implement the increasing volume of new human rights instruments was raised at seminars, in UN bodies such as the Commission on Human Rights, and in the General Assembly. It is also recommended in legal texts such as, for example, in article 14 of the Convention on the Elimination of all Forms of Racial Discrimination (ICERD). During this period the profile of the institution was not clear as it ranged from being a service organ for the UN Commission on Human Rights in the ECOSOC resolution, to a specialized body dealing with complaints about racial discrimination under the ICERD. Moreover, some texts even embrace institutions remotely concerned with human rights.” (Kjaerum, M. (2003) p.6) A human rights advisory body was established in the late 1940s in France but it had heavy governmental membership and a purely advisory function. The first significant institutions were established in the late 1970s in New Zealand, Canada and Australia. By the end of the 1980s there were about 15 serious institutions.

INTERNATIONAL STANDARDS 1991 First International Workshop on National Institutions for the Promotion and Protection of Human Rights, Paris – workshop of then functioning NHRIs: produced the PARIS PRINCIPLES - drafted by NHRIs themselves, not by States 1992 Endorsed by UN Commission on Human Rights 1993 (December) Adopted by the UN General Assembly “In 1991, the First International Workshop on National Institutions for the Promotion and Protection of Human Rights was held in Paris. The outcome of this workshop was a set of principles guiding the work and structure of national institutions.” They were drafted by the NHRIs themselves, not by States, and so they reflected the views of the institutions on what was required for an NHRI to be effective and genuine. They are minimum standards, not aspiration goals. “These guidelines were endorsed by the UN Commission on Human Rights (Resolution 1992/54) the following year and adopted by the UN General Assembly in December 1993 (Resolution 48/134 – 20 December 1993, Annex)” (Kjaerum, M. (2003) p. 6).

THE PARIS PRINCIPLES National human rights institutions are official, independent institutions for the promotion and protection of human rights They should be established and function in accordance with the Paris Principles, international standards for NHRIs They are required to be established by law (constitution or statute) They are required to have independent members with guarantees of tenure Establishment by law: Paris Principles, section A “Competence and responsibilities” para 2. Independence of members: Paris Principles, section B “Composition and guarantees of independence and pluralism” para 3.

INDEPENDENCE Legal Operational Policy Financial Membership

LEGAL INDEPENDENCE Separate and independent legal status, either under Constitution or Act of Parliament Allows for independent decision making Able to perform its functions without interference from other government bodies Establishment by law: Paris Principles, section A “Competence and responsibilities” para 2. Independent decision making: Paris Principles, section C “Methods of operation” Read UN’s Professional Training Series No. 4 - National Human Rights Institutions, paragraphs 70-72, pp. 10-11.

OPERATIONAL INDEPENDENCE Work without interference Determine their own priorities, programs and activities Draft own rules of procedures Paris Principles, section C “Methods of operation” Read UN’s Professional Training Series No. 4 - National Human Rights Institutions, paragraph 71, p. 11.

POLICY INDEPENDENCE Reports, recommendations, decisions are not subject to direction of or review by others Determine their own views, findings and recommendations Paris Principles, section C “Methods of operation” Read UN’s Professional Training Series No. 4 - National Human Rights Institutions, paragraph 71, p. 11.

FINANCIAL INDEPENDENCE “The national institution shall have an infrastructure which is suited to the smooth conduct of its activities, in particular adequate funding. The purpose of this funding should be to enable it to have its own staff and premises in order to be independent of the government and not be subject to financial control which might affect its independence.” Paris Principles, section B “Composition and guarantees of independence and pluralism, para 2 Read UN’s Professional Training Series No. 4 - National Human Rights Institutions, paragraphs 73-76, p. 11

MEMBERSHIP Appointed for fixed terms of sufficient length Subject to dismissal only for serious misconduct No government officials in voting positions Paris Principles, section B “Composition and guarantees of independence and pluralism, para 2 On the position of government officials as members, see Paris Principles, section B “Composition and guarantees of independence and pluralism, para 1(e) Read UN’s Professional Training Series No. 4 - National Human Rights Institutions, paragraphs 77-85, pp. 11-12.

IS YOUR NHRI INDEPENDENT? Consider these areas of independence: Legal Operational Policy Financial Membership

NHRIs SHOULD ALSO HAVE broad mandate jurisdiction relating to universal human rights standards broad functions of research, education and investigation adequate powers adequate resources Broad mandate: Paris Principles, section A “Competence and responsibilities”, para 2 Broad functions: Paris Principles, section A “Competence and responsibilities”, para 3 Adequate powers: Paris Principles, section C “Methods of operation” Adequate resources: Paris Principles, section B “Composition and guarantees of independence and pluralism”, para 2

BROAD FUNCTIONS deal with individual complaints initiate their own investigations address systemic problems make recommendations to government refer investigations to independent prosecutors intervene in court proceedings undertake community education Individual complaint handling is dealt with in Paris Principles, section D “Additional principles concerning the status of commissions with quasi-jurisdictional competence” – note that the original text wrongly used the expression “quasi-jurisdictional” instead of “quasi-judicial”, which was the intended expression.

ADEQUATE POWERS to compel production of documents to enter and inspect premises to examine witnesses on oath to compel the attendance of a witness, even if in custody prosecutorial powers? determinative powers? Paris Principles, section C “Methods of operation”