Clearly explain what an NHRI is and its relevance to UN Country Teams. Describe the context in which NHRIs operate, including the human rights framework at the national and international levels, and the special importance of NHRIs in both.
This chapter provides a general, short introduction for UNCT staff regarding the basic features and functions of national human rights institutions, the context in which they operate, the special relationship between NHRIs and the UN, and the ways in which UNCTs can work with NHRIs. This Chapter also introduces the “Paris Principles,” which set minimum standards for NHRIs.
A “national human rights institution” (NHRI) is an institution with a constitutional and/or legislative mandate to protect and promote human rights. When in compliance with the Paris Principles, NHRIs are cornerstones of national human rights protection systems. NHRIs also serve as relay mechanisms between international human rights norms and the national level.
NHRIs must be independent and autonomous. Otherwise, they will not be recognised internationally as a Paris Principle-compliant NHRI. Similarly, institutions lacking a constitutional and/or legislative mandate to protect and promote human rights are not NHRIs.
NHRIs may improve their effectiveness by coordinating their activities with government, parliament and the judiciary other societal actors, and with regional and international organisations. They can also help to address gaps between human rights standards and implementation, address individual complaints ensuring the rule of law and fighting impunity. Because most international mechanisms lack enforcement powers at the national level, NHRIs help to make human rights a reality on the ground. They enhance the sustainability of a human-rights based approach to development by identifying and empowering claim-holders to assert their rights and identifying duty-bearers and ensuring that they have the responsibility, authority and resources needed to discharge their duties. This, in turn, assists in developing a culture of human rights.
The UN itself has an important role in assisting the development of independent and effective NHRIs. Strengthened cooperation between the UN and NHRIs offers greater chances of success in ensuring the sustainability of democratic governance, the effective application of the rule of law, and the securing of human rights. Both the UNDP and the OHCHR have recognised that engagement with NHRIs is a priority.
Like NHRIs themselves, UN Country Teams also work with many entities – State institutions, civil society, the international community and advocates – in order to ensure respect for human rights, justice and the rule of law. NHRIs can perform a number of roles that enhance the ability of UNCTs to strengthen the national promotion and protection system and create an enabling environment for the success and sustainability of good governance, rule of law and human rights efforts.
The “Paris Principles” (“Principles Relating to the Status and Functioning of National Institutions”) set out basic standards for NHRIs. The Paris Principles require NHRIs to have as broad a mandate as possible in the promotion and protection of human rights. An NHRI which complies with the Principles is eligible to be accredited by the Sub-Committee of the ICC, under the auspices of the OHCHR.
NHRIs, as independent institutions with a broad mandate to promote and protect human rights, are also directly engaged in work related to civil and political rights and economic, social, and cultural rights. In addition, they address issues related to vulnerable persons that cut across civil, political rights, economic, social and cultural rights, and may involve situations where the rights at stake are highly contested and socially controversial.