Chapter 1
Introducing National Human
Rights Institutions

Chapter 2
Models of NHRIs

Chapter 3
Roles and Responsabilities of
NHRIs

Chapter 4
The Rule of Law and the NHRI

Chapter 5
NHRIs, Development and
Democratic Governance

Chapter 6
Situating NHRI Support in the UN Planning & Programming Process

Chapter 7
Pre-establishment Phase of NHRIs

Chapter 8
Establishing NHRIs

Chapter 9
Consolidation Phase:
Strengthening the Mature NHRI

Chapter 10
Paris Principles and Accreditation

Principle 4: Pluralism

The ultimate purpose of pluralism is to ensure that the NHRI can establish 'effective cooperation' with other parts of government and society. Pluralism and diversity are important: they enhance an institution's independence, credibility and effectiveness; they increase the likelihood of cooperation and collaboration with other stakeholders, and they demonstrate that the institution itself takes equality seriously.

One easy and effective way of doing this is to ensure diversity in the institution's membership, i.e. through diversity in its Commissioners or senior office holders. Where this is not possible, institutions can achieve pluralism through the use of advisory councils and other bodies that ensure broad-based input into their operations. In all cases, though, every effort should be made to support diversity in the institution itself so that management and staff reflect the diversity of a given society.

The Paris Principles require that "the composition of the national institution and the appointment of its members … be established according to a procedure which affords all necessary guarantees to ensure … pluralist representation" of representatives of all social forces engaged in promoting and protecting human rights. While the list of social forces or social actors set forward in the Principles also include Government, the Principles also make it clear that any Government official who is a member may only act in an advisory capacity so as to remove any suggestion that the institution is not completely independent.

It is not necessary and may not be feasible in countries with highly diverse populations to have each sector of society represented. However, the NHRI's, overall structure and, in particular, the composition of its members, should facilitate cooperation and interaction with society as whole, and especially for vulnerable groups.

While this section focuses largely on pluralism in membership, it should be remembered that pluralism can also be reflected in the work of the NHRI, for example: choice of trainers and participants for workshops, etc. and the thematic areas chosen for focus in research projects, seminars and in public education materials.

Appointed members: The ICC Sub-Committee notes the critical importance of the selection and appointment process of the governing body in ensuring the pluralism and independence of the NHRI. In particular, the Sub-Committee emphasises the following factors:

a) A transparent process

b) Broad consultation throughout the selection and appointment process

c) Advertising vacancies broadly

d) Maximizing the number of potential candidates from a wide range of societal groups

e) Selecting members to serve in their own individual capacity rather than on behalf of the organisation they represent.17

While plurality is best demonstrated when an institution's membership visibly reflects the social forces at play in the State, this does not mean that all groups must be represented at any one time, but it should mean that, over time, groups feel that they are included. There are some basic factors that should be present as a matter of course:

  • Plurality is easiest to achieve if an institution has a number of members;
  • Institutions that have only one head or senior member, or very few members, can achieve plurality through the use of advisory councils or an equivalent mechanism;
  • Women are always represented within the membership of an institution, including in senior positions;
  • Where the structure of the organisation provides for only one member, consideration should be given to appointing women on an alternating basis; and
  • In all circumstances, NHRI should collaborate and cooperate with other stakeholders, and doing so is itself a test of commitment to pluralism.

Staff: Plurality and diversity will be enhanced if staff composition also reflects societal realities. This means that diversity is reflected across all parts of the organization and all levels of seniority.

Such pluralism can serve to enhance and strengthen the visibility of an institution's commitment to full participation, as well as positively influence programme credibility and effectiveness.


Checklist: Pluralism

Principle

Requirements

Y

N

PLURALISM (membership and staff composition)

Member Composition demonstrates pluralism (High to Lower)

  • Includes representatives of most social forces including NGOs, trade unions or professional associations
  • Includes representatives of most vulnerable groups (ethnic, religious minorities, persons with disabilities, etc.)
  • Single member, with representative consultative boards or committees, or similar structural mechanisms to facilitate and ensure pluralistic engagement
  • Single member

Member composition demonstrates gender balance

Staff composition is broadly representative and gender balanced

PLURALISM (Consultation and Cooperation)

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

 

 

 

 

 

17 ICC Sub-Committee on Accreditation General Observations (Geneva, June 2009).