Principle 5: Adequate Resources

Financial autonomy is crucial. An institution with little or no control over its finances or its spending cannot be independent or autonomous. The source and nature of funding for an institution should be identified in the enabling law, which should guarantee, at a minimum, sufficient funding for the institution's basic functions.

In some countries, an institution prepares its own budget, which it then submits directly to Parliament where the budget is defended. Parliament is then responsible for reviewing and approving the budgetary allotment as well as reviewing and evaluating financial reports submitted to justify the use of those funds. In other countries, it is the Minister with substantive responsibility for the NHRI that puts forward the budget. The first option, direct responsibility to Parliament, is the preferable scenario since it enhances independence.

The funding for an NHRI should also be 'secure', that is, it should not be altered arbitrarily during the period for which it was approved. This prevents a Government from penalising a NHRI for taking a decision or action that is critical of the government. Obviously, Parliament is the final authority on spending matters and, when faced with difficult financial circumstances, has both the duty and responsibility to oversee spending and to limit State spending if necessary. In such circumstances, at a minimum, a budget reduction should not be out of proportion to other core functions, especially in the area of rule of law.

Checklist: Financial Autonomy

18 "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.