7.3.3 Focal Points in Government and in the UN
The decision to establish a NHRI is taken by the State. This is because the NHRI must have a legislative foundation, either through a constitutional provision or ordinary legislation, or both. Only the State can ensure this is done and the sovereignty of the State must be respected in this regard. This means that an ‘official’ process designed to lead to the establishment of a NHRI must involve government, and is usually led by government. At this point in time, a government focal point should be identified, which will have the responsibility to oversee the establishment of the NHRI.
The focal point can be in a Ministry and supported by senior staff in the Ministry. Alternatively, it might be spearheaded by a Parliamentary Committee. In some countries, the Office of the President or equivalent office, may oversee the process. Whatever mechanism is used, two factors are critical: first, the Government must be serious in its intention to create an institution that is Paris Principle-compliant, and, second, the process should be as transparent and participatory as possible.
- Is there a “natural” focal point in the State for coordinating the establishment process (for example, a government steering committee, a parliamentary committee or advisory body with a mix of government and civil society)?
- Does the UN have its own focal point (for example, OHCHR and UNDP) for supporting the government process and liaising with it, coordinating with other organizations and ensuring resource allocation? This could work in parallel with the government process.
Even though the formal process, by necessity, must be led by government, there is an on-going need to ensure that stakeholders continue to be involved beyond initial dialogue and consultations. One approach that has shown to be effective is to create one or more working or advisory groups comprising representatives from civil society to examine and recommend features of a new institution. If more than one group is created, meetings should be coordinated to assure a shared basic vision and understanding.
The overall focus of the working groups would be to:
- Determine what type or model of institution to establish;
- Define the general mandate, roles and responsibilities of that NHRI; and
- Assist in the development and/or review of draft legislation to establish the NHRI.