7.6.4 Capacity to undertake promotional work
It is not unusual to see promotional work treated as an afterthought, receiving less training and fewer resources. In fact, the NHRI’s success - if not its long term survival - depends on its ability to manage the media, get its story out into the public and communicate its work effectively. This requires a serious approach to planning, resourcing and staffing promotional activities.
7.6.5 Capacity in Investigations
List of Legislative Powers for adequate investigation skills in enabling law7
In terms of the NHRI jurisdiction to investigate complaints, this should be explicitly set out in the enabling law, which should:
- provide that an individual victim, his or her representative, third parties and NGOs, trade unions or other representative organisations can file a complaint;
- authorise the NHRI to initiate complaints;
- specify the powers of the NI in investigation, including:
- the power to compel the production of relevant information (either in the form of documents or by means of oral evidence);
- the freedom to conduct on-site investigations, if necessary;
- the power to call parties to a hearing;
- in some cases, may include the power to grant immunity from prosecution to persons giving testimony or otherwise appearing as witnesses;
- the power to hear and question any individual (including experts and representatives of Government agencies and, if appropriate, private entities) who, in the opinion of the investigating body, has knowledge concerning the alleged violation or is otherwise in a position to assist the investigation;
- the power to summon witnesses and compel their appearance; to receive oral and written evidence under oath; and to compel the production of such documents or other material evidence from public agencies and authorities as the investigating body considers necessary for proper investigation of the complaint;
- the power to impose or seek sanctions when the NHRI is obstructed or interfered with in any way, as well as similar powers when there has been intimidation or reprisals made against a party or witness to a complaint; and
- the authority to order interim injunctions or interim relief during the course of an investigation.
- clearly spell out the NHRI’s remedial powers: to make recommendations; to seek enforceable decisions through the courts or a specialised court or tribunal; and to make enforceable decisions (very rare); and
- define the types of remedy that may be applied or sought and make it clear that the NI can freely publish its findings and recommendations, without the need for prior approval.
Additional features of enabling legislation are set out in Annex.
Annex 3: Overview of NHRI Legislative Features
7.6.6 Capacity to Review Legislation
Many NHRIs have the power to review national legislation and assess its consistency with human rights standards. These powers are either explicitly set out in the laws, or they exist in virtue of the broad mandate to review all human rights matters.