7.1 Assess the Country Situation

Paris Principles-compliant NHRIs are a UN priority. UNCTs should therefore be actively assessing opportunities, while noting the political, economic and socio-legal factors that will influence the decision to establish a NHRI, as well as the approach to be used, and the scope and length of potential UN engagement. These factors include:

• The level of existing political will;
• The strength of the existing culture of human rights;
• The effectiveness of the existing justice system; and
• The stability of the country.

Political will: Some governments will respond positively to the idea of creating a NHRI, for example, after recommendations in the Universal Periodic Review process. Other may, on their own initiative, request UN support for early development of strategies to establish NHRIs.

Not all governments will share the belief that strong NHRIs are necessary to ensure that human rights are respected. If there is no political will to move forward or no realistic prospect of success, there may be a need to redirect attention by building the capacity of NGOs and civil society more generally. This may result in a coalition of progressive social forces that is nurtured and ready to act when and if the political winds change.

This stage also presents an opportunity for the UN to support interested government officials to learn more about other NHRI successes that may exist in the region.

Culture of Human Rights: It is easier for a state to establish a NHRI if a strong culture of human rights exists. A country with a strong culture of human rights permits debate and dissent and has strong political resolve to introduce NHRIs. Experience has shown that NHRIs can strengthen a weak human rights culture.

If there is a country in the region with an established and successful NHRI, this is also relevant to the potential for building a culture of human rights in the country.

Justice System: A functioning justice system and respect for the rule of law are important to the success of an effective NHRI. See Chapter 4 for further discussion in the Rule of Law. This is especially so for NHRIs with quasi-jurisdictional powers since, in the absence of a functioning justice system, NHRIs will be unable to enforce remedies or to intervene before the courts: this will lessen the incentives for officials to follow NHRI recommendations.

In the absence of a functioning judiciary, NHRIs may have the added burden of high expectations and being one of the few institutions to which people can turn for help. This creates expectations that are hard to meet. Thus, depending on the situation, concurrent efforts by UNCTs might be directed towards strengthening existing judicial infrastructure and supporting NHRIs.

Political Stability: A country experiencing conflict may not be ready for a NHRI because such institutions are rarely equipped to maintain their own security, let alone that of those persons who seek help. There may be exceptions when the conflict is low-intensity and prolonged, and/or where the conflict is playing out in only part of the country. In these circumstances, a human rights institution may play both an important and positive role if it is properly resourced and independent. And, of course, steps may be taken on a preliminary basis, as a part of the strategy leading towards the cessation of hostilities.

Ultimately, assessing the risks and opportunities is a matter of knowledge and judgement and must be made in light of the situation on the ground. When the government already accepts the idea, and if other factors are positive, the efforts to develop a national consensus will dovetail quickly with the decision to determine the NHRI model and draft enabling legislation.

If the government is not ready or reluctant, efforts will more likely be geared towards establishing a national consensus.