Conclusion

UNCTs can encourage and promote a successful process of preparing the groundwork for a NHRI.

This can include ensuring that the following issues are addressed:

• Assessing the human rights situation of the country, including the strength of the judicial system, which will help define the mandate and powers of the proposed institution; and
• Engaging a process of national dialogue and stakeholder engagement.

UNCTs can also ensure that good information and resources are made available: they can provide information about models of NHRIs, success stories in the regions and the international human rights system.

UNCTs can support the proposed legal basis for the NHRI, whether by constitution or by legislation, or both. Key responsibilities should be included in the law: the promotion mandate, as well as the responsibilities of the NHRI to advise State institutions, investigate human rights violations and monitor the human rights situation.

Basic issues that should be dealt with at the legislative drafting stage include matters that will help enforce compliance with the Paris Principles, including:

• Measures to ensure independence;
• Measures to ensure pluralism;
• The structure of the national institution, including staffing and geographical accessibility;
• Methods of appointing members or commissioners that are open and consultative and provide for the necessary qualities of competence, integrity, independence and pluralism; and
• Adequate resources for the national institution.

Finally, there are a number of predictable pitfalls and problems that should be envisaged at this stage and UNCTs can have a role in pointing these out and offering solutions.