NHRI Models Is there a magic formula? Challenges and Practical Aspects

Different Options Commissioner Commission (UK) Agency (FRA) Ombudsman Offices/Units Councils Institutes (the Danish) Therefore: -Various institutions, yet emphasis on common standards to measure their work - Important to consider differences incl. advisory body to government, dealing with individual complaints, those dealing with all human rights or focusing on a single issue

Effectiveness of NHRIs Public legitimacy (legal and popular) Accessible Open Organizational Culture Integrity and quality of staff Diverse staff (gender, linguistic, ethnic, less able) Consult with civil society Treat human rights issues systematically Broad mandate (civil, cultural, economic, political, social rights) Deal with most pertinent issues of the day All encompassing jurisdiction Power to monitor compliance with recommendations Adequate budgetary resources Develop links Deal with complaints speedily and efficiently

Measuring Effectiveness Benchmarks Minimum attributed regarding legal foundation, membership, mandate, funding etc Should be well defined and if met fundamental purpose and specific objectives achieved Minimum conditions that need to be in place Indicators Tools that measure the institutions performance in relation to objectives and benchmarks Used over time and relative to other matters Provides information about progress SMART though with a WARNING (77)

NHRI in new democracies New constitutional order strong mandate so institution belongs to the nation (Ghana & S. Africa) Some Public Consultation International presence & guidance (Bosnia Herzegovina and Kosovo) Political compromise between ruling parties Peace agreement/peace settlement (Bosnia and Northern Ireland) Lack of consultation with CSOs Being able to withstand political pressure

Challenges Complex legal order (national, international and supranational) Lack of capacities (internal/external) Lack of sufficient budgets Lack of awareness Interference and political pressure Too many mechanisms doing the same thing? Too many cases?

HR Mechanisms in Kosovo Ombudsperson Institution with 5 deputies and regional offices Centre for Equal Treatment?! Data Protection Agency Language Commissioners Agency for Gender Equality Labour Inspectorate Office for Good Governance, Human Rights, Equal Opportunities and Gender Human Rights Units in Ministries (OGG) Human Rights Units in Municipalities (MLGA) 2 parliamentary committees Consultative Councils for Minorities

Yet progress report 2011 Promotion and enforcement of human rights remain a major challenge. Training has been organised to build up the capacity of the human rights units. The enforceability of legal and administrative remedies for human rights infringements needs to be improved at all levels. The range of institutions and bodies dealing with human rights at central and municipal levels is too dispersed and at times overlapping. Communication and coordination between the different institutions and bodies dealing with human rights at central and local levels and with the Ombudsperson are weak. These bodies need to be streamlined and their mandate clarified in order to make better use of their limited expertise and resources.

Continued… Overall, this area remains a major challenge. The institutional set-up promoting and enforcing human rights needs to be simplified. Appropriate resources need to be allocated. Efforts to enhance monitoring and reporting mechanisms need to be stepped up and to focus on improving the enforcement of existing legislation and policies. Ensuring full respect for human rights is a key European Partnership priority.

Practical Aspects Independence, Integrity & Impartiality Utilizing mandate to the fullest extent & being proactive (ex- officio, research, compatibility/harmonisation) Accessibility/Openness and Cooperation Open-mindedness incl. when criticized Utilizing the media to raise important and urgent issues Ensuring appropriate comparisons are made Keeping complaining in public about conditions/facilities to a minimum Seeking innovative ways to address issues such as lack of budget Constantly seeking to raise capacities Cooperating with CSOs without prejudicing impartiality