7.6 Building in Capacity from the Start

There are certain basic areas of performance and legitimacy that are well known and should be built in from the start, i.e. in the Pre-establishment Phase. Each one is linked to particular areas of preparation, which leads to focused capacity development and, later on, will serve as the basis for capacity assessment. The section should read in conjunction with the specific requirements of the Paris Principles in Chapter 10.

The discussion below is drawn in part from:

International Council on Human Rights Policy.2005.
Assessing the Effectiveness of National Human Rights Institutions

7.6.1 Public legitimacy

NHRIs will have public or popular legitimacy when they are seen to stand up for the rights of those who are vulnerable, and to handle effectively the issues within their purview.

An institution's legitimacy is also partly rooted in its formal or legal status and its compliance with the Paris Principles.

What this means for the pre-establishment phase: There should be a public consultation process leading up to and including the development of legislation. See Section 7.2. The drafting of enabling legislation should include specific legal responsibilities regarding the protection of human rights, especially for those who are vulnerable. Enabling legislation should be in the form of a constitutional provision, a law passed by legislation, or both. The enabling law should comply with the Paris Principles. See Chapter 10 and Annex 3 of this Chapter.

Annex 3: Overview of NHRI Legislative Features

7.6.2 Accessibility

NHRIs will have to publicise their work and ensure that they can be contacted easily. The public and civil society organisations should be confident that NHRIs will be welcoming and will take them seriously. Their offices should be accessible. Disadvantaged groups in society should be encouraged to access the NHRI.

What this means for the pre-establishment phase: There should be a public dialogue and an awareness campaign during the process of drafting and passing the enabling law, with specific outreach to stakeholders and persons who are working with vulnerable communities. (Issues regarding accessibility to persons with disabilities, premises design and location, communications and general public access are addressed in Chapters 8 and 9).

7.6.3 Functional organisational structures and culture

Organisations that are open, collaborative and self-critical are far more likely to respond well to the needs of the public and other organisations and to identify shortcomings in their practice. Issues regarding organisational structure and sound management are dealt with in Chapters 8 and 9. Premises, communications and accessibility are addressed in Chapter 8).

What this means for the pre-establishment phase: Effective organizational structures should be established by the leaders of the NHRI once they are in place, and should not be micro-managed in advance by the State.

Transparency in appointments and nominations

The nominations process should support independence and transparency and preferably be set out in law. In practice this means that, as a minimum, the appointment process should involve nominations from civil society, and should engage Parliament by having the latter be responsible, as the elected body for naming members after receiving nominations from various social actors.

Executive appointments are not recommended.

What this means for the pre-establishment phase: NHRI laws should have transparent appropriate processes for nominations built into the law.

For more information on this, please see Chapter 10.

Ensuring integrity and quality of members and staff

The quality of members, leadership and staff are vital to the NHRIs' reputation and effectiveness. Transparent and merit-based procedures will help ensure independent, professional and courageous members.

What this means for the pre-establishment phase: The legislation should provide for members of the organisation to have experience in human rights and public administration or at least in senior management.

The legislation should not force the NHRI to recruit staff from the public service, but should permit the leadership to set its own by-laws in this regard.

Issues regarding pluralism and diversity among staff and members are discussed in Chapters 8 and 10, respectively.

Consult with civil society

NHRIs are required by the Paris Principles to cooperate with civil society. Civil society organisations, in particular human rights NGOs and community-based groups, can be effective links between national institutions and individuals or groups who are politically, socially or economically marginalised.

What this means for the pre-establishment phase: The NHRI should have the power to work with and consult with any organization, without prior approval.

Have power to monitor compliance with their recommendations

National institutions should have power to monitor the extent to which relevant authorities follow their advice and recommendations.

What this means for the pre-establishment phase: These powers should be built into the enabling law, with respect to any situation that the NHRI chooses, and to obtain information and documents on request.

Interact with the International System

NHRIs can become a key relay mechanism between national human rights enforcement systems and international and regional human rights bodies.

The Sub-Committee interprets the function of encouraging ratification or accession to international human rights instruments, set out in the Paris Principles, is a key function of a National Institution.

What this means for the pre-establishment phase: NHRIs should have the power to protect and promote human rights as set out in international instruments ratified by the country. They should also be able to cooperate with and support the international human rights system. The ICC Sub-Committee has encourages the entrenchment of the function of encouraging ratification or accession to international human rights instruments in the enabling legislation of the National Institution to ensure the best protection of human rights within that country.6

 

 

 

 

 

6 ICC Sub-Committee on Accreditation General Observations (Geneva, June 2009).