10.2.5 When are Decisions on Accreditation Taken?

The Sub-Committee and ICC Bureau can take accreditation decisions in the following situations:

Initial Accreditation: This decision is taken when a national institution initially applies for membership in the ICC. Since the applicant institution must submit its Annual Report or equivalent as part of the background documentation with its application, and, as it must also be capable of demonstrating that it is actually functioning effectively, an initial accreditation decision is not taken unless the institution has existed for a year or more. Note that institutions denied full accreditation (A-Status) may re-apply at any time. In the case of a re-application, the same process is followed as with institutions applying for the first time, however, particular attention is paid to the areas of non-compliance that were noted in the initial application. While it has never happened, if a NHRI were to withdraw an application for initial accreditation, it would be as if an application had never been submitted and the institution would have no status within the ICC.

"Periodic" Re-accreditation: All A-Status NHRIs, as well as all B-Status NHRIs that have not re-applied for reconsideration of their status, are subject to re-accreditation every five (5) years.  This aims to ensure that NHRIs maintain and improve their compliance with the Paris Principles. A NHRI that fails to demonstrate its ongoing compliance with the Paris Principles may have its status downgraded (following the opportunity to provide additional evidence within 12 months).

NHRIs must provide necessary documents to support their re-accreditation applications. Unless compelling and exceptional circumstances exist, an NHRI that fails to provide the required documents will be suspended until it does so. A suspended NHRI loses all memberships privileges during that period. An NHRI that does not submit its re-accreditation application within one-year of being suspended will lapse completely. An NHRI whose membership has lapsed or been downgraded can re-apply for membership.

In exceptional, justifiable circumstances, and at the request of the applicant institution, re-accreditation can be delayed. For example, the Consultative Commission of France was scheduled for re-accreditation at the time when its enabling legislation was being amended. The process was delayed until the amendments were enacted. While the situation has not yet come up, if an A-Status NHRI were to withdraw its re-accreditation application without justification, it would likely be treated as if it had failed to apply for re-accreditation and be suspended. A B-Status NHRI in the same circumstances would likely retain its status.

Review: The Chairperson of the ICC or a member of the Accreditation Sub-Committee may initiate a review of any A-Status NHRI, if they consider that circumstances have changed which may affect its compliance with the Paris Principles (e.g. if the enabling legislation of the NHRI has been amended). A-Status NHRIs are required to notify the ICC Chairperson of any such changes; although a review may also be prompted by information from other sources. A review of an NHRI's compliance with the Paris Principles must be completed within eighteen (18) months. During the review period the NHRI retains its accreditation status. If the NHRI under review fails to provide sufficient documentary evidence within the eighteen-month period to satisfy the ICC Bureau that it continues to comply with the Paris Principles, its membership will lapse. An NHRI whose membership has lapsed can re-apply for membership. (See also: the separate discussion on the ICC Bureau's "Early Warning Mechanism". While this mechanism is not directly related to a review prompted by "changed circumstances", in effect, 'early warning' actions aim to prevent 'changed circumstances' from occurring by acting quickly and decisively.)

All summaries, accreditation decisions and SCA recommendations are available on-line through www.nhri.net or through OHCHR. Recommendations by the SCA are an important program of action for UNCTs in engaging with and on NHRIs.