10.3 Non-Compliant NHRIs23

10.3.1 Risk Management: Working with Non-compliant or Downgraded NHRI

By definition, an institution that is not accorded A-Status, or that has been downgraded from that status, does not meet all the attributes – such as independence, broad scope of authority, pluralism, and effectiveness – set out in the Paris Principles. It is not unusual, therefore, to hear questions from civil society, government or even the UN itself about whether it is "worthwhile" to engage with NHRIs that fall short of these international standards.

In these cases, careful attention needs to be paid as to the legal and practical aspects of the NHRI, thus avoiding situations in which OHCHR may inadvertently legitimize an NHRI that is neither effective nor independent.

There may be situations where, as a last resort, the UN decides to withdraw its support. This may occur where, for example, the NHRI has become politicised (e.g., where the NHRI has begun to speak "for" or act as an apologist for the government, or worse, covers up human rights abuses and acts as a shield for violations). Such decisions should be taken in consultation with the OHCHR and other UN agencies working with the NHRIs. Targets set by the ICC Sub-Committee on Accreditation, should be taken into consideration, where appropriate.

Nonetheless, working with NHRIs along the continuum of compliance should be the norm. In many circumstances, the failures of the institution are not of its own making. NHRIs cannot 'write' their own legislation, nor do they control amendments that may be brought forward to alter its operations. A government might establish a large number of institutions, ombudsmen, and other entities that might have overlapping mandates, with no clear single entity that can be called the NHRI for the country. In most cases, therefore, it is important to engage or continue to engage with the institution, as well as the government, with a clear focus on helping and supporting the institution perform its functions, as well as moving it towards greater compliance with the Paris Principles.

When an institution itself shows a lack of commitment to human rights principles, a stronger argument can be made to avoid engagement. Care should be exercised even in this circumstance; however, as there may be merit in supporting the institution so that it can become more effective when there is new leadership.

There are a number of considerations, as set out in Guidance Notes to UNCTs contained at the end of this chapter that may influence the UNCT in determining whether support is warranted. Each circumstance needs to be considered carefully, with the support and assistance of the National Institutions Unit of the OHCHR.

23 This section is drawn in part from: OHCHR, Guidance Note: National Human Rights Institutions and the Work of OHCHR at Headquarters and Field Level, September 2007.