1 what is a national human rights institution? the paris principles chris sidoti ppt 1

1

WHAT IS A NATIONAL HUMAN RIGHTS INSTITUTION?

THE PARIS PRINCIPLES

Chris Sidotippt 1

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.

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

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 Adopted by the UN General Assembly

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

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

Operational independence

• Work without interference

• Determine their own priorities, programs and activities

• Draft own rules of procedures

Policy independence

•Reports, recommendations, decisions are not subject to direction of or review by others

•Determine their own views, findings and recommendations

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.”

Membership

• Appointed for fixed terms of sufficient length

• Subject to dismissal only for serious misconduct

• No government officials in voting positions

Is your NHRI independent?

Consider these areas of independence:LegalOperationalPolicyFinancialMembership

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 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

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?