7.2 Supporting the Development of National Consensus

A national consultation process should precede the establishment of an NHRI, in order to build consensus and to maximize the likelihood of public acceptance.

In exceptional circumstances, the impetus for creating NHRIs is through internationally-driven efforts, often led by the UN, to bring about peace and/or civil reconstruction to countries torn apart by war and internal divisions.

More often, however, the impetus or driving force is in the form of a request from the State to the UN. This may be influenced by external factors: for example, recommendations in an international document, such as a Universal Periodic Review, for example, or pressure exerted by key stakeholder communities. However, because a NHRI is, by definition, a State-sponsored entity, the State itself must accept the need for and desirability of establishing one.

Consensus from and within the State: The establishment of a NHRI involves a conscious decision by the State to subject itself, its apparatus, its decisions and its personnel to independent oversight by the NHRI.

The State must truly accept this: the State is likely to be the main respondent to many human rights complaints, especially in countries that have a recent history of conflict and abuse of power. National governments may lack receptivity and commitment to human rights, which are often viewed in “political” terms.

UNCTs can lay the groundwork when the government or some part of it has expressed an interest. Or, it may be done over time by ‘seeding’ the idea of a NHRI with key stakeholders, holding national seminars and meetings, supporting study trips and research, and generally seeking to inculcate the idea of a NHRI. Even if the idea comes from the State itself, UNCTs should support work to develop a national consensus, in particular through the active engagement of stakeholders.