Chapter 1
Introducing National Human
Rights Institutions

Chapter 2
Models of NHRIs

Chapter 3
Roles and Responsabilities of
NHRIs

Chapter 4
The Rule of Law and the NHRI

Chapter 5
NHRIs, Development and
Democratic Governance

Chapter 6
Situating NHRI Support in the UN Planning & Programming Process

Chapter 7
Pre-establishment Phase of NHRIs

Chapter 8
Establishing NHRIs

Chapter 9
Consolidation Phase:
Strengthening the Mature NHRI

Chapter 10
Paris Principles and Accreditation

Annex 2 Checklist of steps in pre-establishment Phase

Before the establishment of an NI, the following questions should be answered

Human rights presence

Questions to ask:

  • is there an OHCHR stand-alone Field Office in the country?
  • is there an OHCHR Regional/Sub-Regional Office?
  • is there an UN/OHCHR Human Rights Advisor present?
  • is there a human rights component attached to a UN peace mission?

For more information, please consult www.ohchr.org For UNDP: contact relevant advisers at the Democratic Governance Group/Bureau for Development Policy and the Regional Service Centres.

Contact points at OHCHR Geneva (please consult www.ohchr.org for up to date contact information.

Contact points at OHCHR Geneva include:

Once the human rights presence or contact point has been identified and a working relationship has been established, the following issues should be considered, in close cooperation with OHCHR

Developing a national consensus

Organise in cooperation with OHCHR a sensitisation meeting involving all key stakeholders (Government officials, Members of Parliament, NGOs, research centres, experts from Paris Principles-complying NIs in the region), in order to:

  • ‘seed’ the idea of NIs and gather national support;
  • identify key elements of the Paris Principles;
  • look at the successes that existing NIs in conformity with the Paris Principles have had
  • obtain or develop material providing basic information about the nature and function of NIs, and perhaps some concrete examples of how they may assist in protecting and promoting human rights, to provide to local stakeholders

Establishing a national process

  • encourage and support national ownership for creating an NI, for example by recommending to the Government that a process be set in motion involving an appropriate Ministry (one with a supportive Minister and senior staff) or a Parliamentary Committee to determine the details of what kind of NI should be created, as well as its roles and powers
  • encourage the creation of one or more working groups that would consist of representatives of every important social sector and which would examine and recommend on the features of a new NI

Statutory base / Enabling legislation

  • ensure that Parliament and other appropriate officials are aware of the statutory powers that an NI requires to undertake effective programming (see section III on the Paris Principles, as well as section V on the human rights functions)
  • ensure that Parliament and other appropriate officials are aware of the main considerations when choosing a model of NI
  • ensure that Parliament and other appropriate officials are aware that the enabling legislation should; (1) establish the separate legal identity of the NI; (2) define the scope of the NI’s responsibilities; (3) define the legal authorities that the NI can exercise in the implementation of its responsibilities; (4) where appropriate, set out the complaint process and the remedies available; (5) define the membership, membership criteria, membership selection and dismissal process, duration of term and privileges and immunities of members; (6) authorise the establishment of the NI and the right to employ staff; and (7) describe reporting procedures, preferably to Parliament
  • provide sample legislation on NIs to parliamentarians or other appropriate officials
  • organise seminars or workshops to discuss, with appropriate stakeholders, the statutory powers that an NI requires in order to undertake effective programming
  • organise visits by expert practitioners to discuss with parliamentarians and other appropriate officials the need for appropriate legislative powers

Organisational structure

  • organise workshops on ‘best practices’ to promote appropriate organisational structures and relationships that allow for the effective delivery of programmes (see 1.2.8)