10.2.4 How are Accreditations Decisions Taken?

An applicant institution is required to complete a template providing detail on its legislative mandate, its operational methods, and its programme implementation. Guidelines have been developed to provide information on how an applicant institution should complete the template. (These may be found at www.nhri.net) The applicant institution is also required to submit supporting documentation, including a copy of its enabling legislation and its most recent Annual Report, or equivalent. The NIRM Section of the OHCHR, based on a review of this documentation, and information from other sources, prepares a critical summary highlighting any problematic areas. This critical summary tests both the NHRI's 'paper' compliance with the Paris Principles as well as the degree to which the NHRI has demonstrated substantively its independence and effectiveness. The summary is provided to the applicant institution, which may provide additional information, documentation or written commentary to respond to the problems noted in it. The Sub-Committee may also receive and consider submissions by NGOs and UNCTs, OHCHR field presences, or other stakeholders, in support of or opposing an application. These will also be shared with the applicant institution, which may comment on them. Finally, the applicant institution is contacted by telephone if the Sub-committee believes that it needs to clarify any matter relevant to the application. Where necessary, the institution will be asked to provide further written submission in this regard.

In coming to a recommendation, with reasons, as to the accreditation status that will be granted, the Sub-Committee on Accreditation considers a number of sources: the original documentation, the summary and any additional materials provided by the applicant institution or others (NGOs, UNCT's etc.), as well as its own General Observations, developed over time. The recommendations issued are specific and in some cases time-bound. They focus on remedial action so as to ensure compliance with the Paris Principles.

The recommendations made by the ICC Sub-committee define a NHRI's deficiencies, as regards compliance with the Paris Principles, in a comprehensive manner. Assuming that the UNCT determines that continued engagement with the NHRI is appropriate (see separate guidance note following Sub-section 10.2.5 for further detail on this) the recommendations provide a programme of action for that continued engagement.

In accordance with the ICC Statute, where the Sub-Committee on Accreditation comes to an accreditation recommendation, it shall first be forwarded to the applicant NHRI. An applicant can challenge a recommendation by submitting a written challenge to the ICC Chairperson, through the ICC Secretariat, within 28 days of receipt. Thereafter, the recommendation will be forwarded to the members of the ICC Bureau for decision. If a challenge has been received from the applicant, the challenge, together with all relevant material received in connection with both the application and the challenge, will also be forwarded to the members of the ICC Bureau. Any member of the ICC Bureau who disagrees with the recommendation should, within 20 days of its receipt, notify the Chair of the Sub-Committee and the ICC Secretariat. The ICC Secretariat will promptly notify all ICC Bureau members of the objection raised and will provide all necessary information to clarify that objection. If, within 20 days of receipt of this information, at least four members of the ICC Bureau, coming from not less than two regional groups, notify the ICC Secretariat that they hold a similar objection, the recommendation shall be referred to the next ICC Bureau meeting for decision. If at least four members coming from two or more regional groups do not raise objection to the recommendation within 20 days of its receipt, the recommendation shall be deemed to be approved by the ICC Bureau (the decision of the ICC Bureau on accreditation is final).

The key to A-Status accreditation is to demonstrate the applicant institution's overall compliance with the Paris Principles, both in deed and in fact. It is therefore important for applicant institutions to understand those Principles. As mentioned above, the Sub-Committee issues General Observations (available at www.nhri.net) offer guidance on how it may interpret a particular Principle.