7.2.1 The Importance of Stakeholder Engagement

A Government can signal that it is serious about creating a NHRI that complies with the Paris Principles by involving national stakeholders as well as international partners. By stakeholders, we mean the range of interested parties that include not only government but also NGOs.

UNCTs can have a role in fostering a more inclusive approach but need to accept this idea themselves: There is a need for “non-traditional” partners among local/national human rights organizations and a need to strengthen the capacity of all national stakeholders. In short:

“UNCT needs to understand the processes, timelines, actors and their agendas involved in the national planning process. UNCT should review and draw as appropriate on existing joint or collaborative UN frameworks and strategic partnerships (e.g. the EFA global action plan) which can both support country level action and increase coherence in the UNDAF.”1

Stakeholder participation has many advantages:

• transparency;
• a healthy and sustainable culture of human rights;
• ensuring that the institution meets the needs of the people; and
• improving compliance with the Paris Principles.

Stakeholder involvement can prevent a State from attempting to compromise the independence and neutrality of the institution. Stakeholder engagement also helps ensure that the newly established institution will have credibility. It is important, therefore, that national stakeholders are engaged actively throughout the process. The UN, if asked to support the establishment of a NHRI, can play a pivotal role.

Broader stakeholder engagement: Involving stakeholders representing a diversity of interests ensures that pluralism is built into the process, and that civil society ‘buys in’ to the concept of a NHRI. This should include organizations that represent the interests of vulnerable groups.

Ensuring that consultation is meaningful: Ensuring adequate time and “space” for stakeholder engagement is critical, as is facilitating their involvement. This means that:

• Draft documents should be reviewed, approved and sent well before the scheduled consultation;
• Consultees should be given enough time to prepare;
• When travel is required, representatives of local or national NGOs should be paid their travel expenses and provided with meals, as appropriate, subject to UN rules in this regard; and
• The time allotted for the meeting should be appropriate and adequate, giving room for discussion.

A government was working with the UN to establish a NHRI.

A steering committee was established, working with the UN, and together they decided to organize a national conference on a proposed draft NHRI law. The objective was to seek the input of NGOs and academics. There was already a good deal of scepticism among civil society about the government’s “true intentions” and good faith in this process – scepticism that was reinforced when the invitations to the meeting, along with a copy of the draft law, appeared only two days before the scheduled event.

Only a few NGOs appeared, as they had no confidence on the process and no time to prepare properly.

• When meetings are convened, the active participation of all stakeholders should be welcomed and encouraged so that events are not dominated by ‘official’ spokespersons
• The media should be invited.
• A consultation report could be drafted and widely shared after the event, summarizing the input in an objective manner and setting out next steps.

These steps will not only assist in ensuring the credibility of the process among stakeholders, but will also help prevent the State from unilaterally weakening the institution at a later date. This is because the stakeholder community would not allow this to happen without some form of opposition if the NHRI is viewed in a positive light.

1 Relevant Findings on UNCTs, Human Rights & Capacity Development

2 J. Poudyal, “OHCHR’s challenge in Nepal”, (2008) 222 ACHR Weekly Review