Annex 1: Checklist Compilation for Assessing Compliance with the Paris Principles
The following checklist – a compilation of the checklists set out in this Chapter for assessing conformity with individual Principles contained in the Paris Principles – is included here; since having the all the information in one document may prove useful. The Checklist compilation identifies the Principles that are enunciated in the Paris Principles and the minimum requirements that must be met to satisfy those Principles. Where the Principle or requirement, or any part thereof, is not directly citable in the text of the Paris Principles, they are set out in italics.
It is impossible to signify by a simple 'yes' or 'no' response to whether certain Principles are being met, for example, the Principle requiring institutions to have "a broad mandate". The Checklist attempts to develop a hierarchy of possibilities in such cases so that an assessment can be made of the degree that an institution meets the standard.
This Checklist is not a definitive method for assessing the capacity or strength of an institution. That would require a more focused examination both on what the institution has done with the mandate it has and how stakeholders perceive it. In particular, an examination of an institution's responsibilities should not end with whether it can carry out a given function. It is much more important that the capacity to do something is actually carrying out the work in a way that demonstrates the institution's fundamental independence and professional competence. In this context, the Checklist identifies certain areas of activity that may be considered central to NHRI responsibilities. This is meant merely to provide a better assessment of how well the institution is doing in meeting its responsibilities.
| PRINCIPLE | REQUIREMENTS | Y | N |
|---|---|---|---|
| COMPETENCE (mandate) |
Mandate is set out in constitution or legislation | ||
| Mandate gives authority to promote and protect human rights | |||
| COMPTETENCE (general jurisdiction) |
Competence is defined in legislation | ||
| COMPETENCE (subject-matter jurisdiction) |
Competence is as broad as possible (from most to least broad) | ||
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| COMPETENCE (object matter jurisdiction) |
Competence is as broad as possible (from most to least broad) | ||
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| COMPETENCE (time jurisdiction) |
Competence is as broad as possible (from most to least broad) | ||
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| RESPONSIBILITY (TO PROVIDE ADVICE) |
Can provide advice on own initiative | ||
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| Can provide advice directly without referral | |||
| Can publicise the advice without referral or prior approval | |||
| RESPONSIBILITY (OTHER) |
To encourage the harmonisation of national legislation and practices with international human rights instruments, as well as their effective implementation, including by | ||
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| To encourage the ratification of international human rights instruments | |||
| To contribute to country human rights reports (from most to least broad) | |||
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| To cooperate with international and regional human rights organs and other national institutions | |||
| To elaborate and take part in education and research programs in human rights, including by: | |||
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| To sensitise people on human rights through publicity, education, information and the use of press organs, including by | |||
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| COMPOSITION (GENERAL PLURALISM) |
Member Composition demonstrates pluralism (High to Lower) | ||
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| Member composition demonstrates gender balance | |||
| Staff composition is broadly representative and gender balanced | |||
| COMPOSITION (APPOINTMENT PROCESS) |
Appointment effected by official act | ||
| Appointment is for a specific duration, (but not too short – e.g., two-years - as to potentially effect independence and effectiveness) | |||
| Appointment may be renewable so long as pluralism is assured | |||
| Appointment process, duration, renewability and criteria set out in legislation | |||
| Appointment process supports pluralism and independence | |||
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| COMPOSITION (Dismissal Process) |
Conditions for which a member may be dismissed are set out in legislation | ||
| Conditions relate to serious misconduct, inappropriate conduct, conflict of interest or incapacity only | |||
| Decision to dismiss requires approval preferably by autonomous body such as a panel of high court judges, at a minimum by 2/3rds vote of Parliament | |||
| INPEDENCE | If Government Officials in membership, they have advisory capacity only | ||
| Institution reports directly to Parliament | |||
| Members have immunity for official acts | |||
| State funding is sufficient to allow for independent staff and separate premises | |||
| State funding is sufficient to allow for core programming27 in protection and promotion | |||
| Funding not subject to financial control which might affect independence | |||
| Budget drawn up by the institution | |||
| Budget separate from any Department’s budget | |||
| Institution has authority to defend budget requests directly before Parliament | |||
| Budget are secure | |||
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| METHODS OF OPERATION (Examination of Issues) |
The institution can consider any issue within its competence on its own initiative on the proposal of its member or any petitioner | ||
| The institution can hear any person or obtain and information or document necessary to carry out its work | |||
| The right to hear any person and obtain any document is enforceable in law | |||
| The right to enter any premises to further an investigation is set out in law | |||
| Obstruction in obtaining, or denial of, access to a person, document or premises is punishable in law | |||
| The institution has the legal authority to enter and monitor any place of detention | |||
| The institution can enter the place of detention without notice | |||
| METHODS OF OPERATION (Meetings) |
The institution can let the public know of opinions or recommendations, including through the media, without higher approval | ||
| The institution meets regularly and in plenary | |||
| Special meetings can be convened as necessary | |||
| All members are officially convened for meetings | |||
| METHODS OF OPERATION (Organisational Structure) |
The institution can set up working groups (which may contain non-NHRI members) | ||
| The institution can set up regional or local offices | |||
| METHODS OF OPERATION (Consultation) |
The institution consults with other bodies responsible for promoting and protecting human rights | ||
| The institution consults with NGOs working in human rights or related fields | |||
| The institution carries out joint programming with NGOs working in human rights or related fields especially in awareness raising and education |
24 "Without restriction" in this context means no restriction except as regards the courts and Parliament.
25 "Partial" in this context means either that the restriction does not apply to all sensitive State Organs or that the restriction is not absolute.
26 'Sensitive State organ" in this context means, the Army, the Police, Security Forces and the equivalent.
27 "Core programming" in this context means that the Institution has enough funds available to conduct investigations, carry out general outreach programming and publish an Annual Report.