Identify key challenges and opportunities for UNCT staff who are called upon to support NHRIs during the pre-establishment phase and provide specific guidance, guided by the international human rights framework and concrete case studies. Ensure that the capacity of UNCT staff is supported in the early phases of pre-establishment.
The pre-establishment phase is the first of three phases dealing directly with the establishment of NHRIs in this Toolkit. It extends from assessing the country situation, to supporting the State and relevant stakeholders to create a national consensus, launching a national dialogue, and drafting an enabling law.
Paris Principles-compliant NHRIs are a UN priority. UNCTs should therefore be actively assessing opportunities, while noting the risks, and working towards establishing NHRIs that meet the principles as an international standard. Several political, economic and socio-legal factors will influence the decision to support the establishment of a NHRI, the approach to be used, as well as the scope and length of UN engagement. These factors include:
UNCTs can have an important role in supporting a national dialogue and in providing information about the advantages of establishing a NHRI. At some point in time, there will be a “tipping point” at which it will be clear that there is movement towards the establishment of an institution. This is the time to develop a programme of action, ensuring that there is international support for the NHRI.
OHCHR and UNDP, along with other agencies, can work with the Government, Parliament and relevant stakeholders to define the assistance required, terms of reference and timeframes for delivery. OHCHR has undertaken, mainly through its National Institutions and Regional Mechanisms Section, to work in consultation with the geographic and thematic units and field presences of OHCHR.
Section 7.3 walks through each step of the process of a country requesting the UN for support in establishing a NHRI, including determining the type of NHRI to establish and the type of assistance UNCTs can provide. In this stage, the legal framework is developed and several key areas of capacity are identified that should be considered and planned.
The final section deals with common pitfalls and strategies to address them.