8.1.1 Premises
The State is responsible for ensuring the NHRI has suitable premises. Even in countries experiencing severe financial limitations the State should provide either office premises or land for suitable premises.3 Ideally, an institution will own its own premises (although many do rent).
Owning premises means that funds that would otherwise go towards rent can be redirected to programming and planned growth, with the NHRI secure in the knowledge that it has a stable location that it controls.
The Uganda Human Rights Commission was granted a one-time endowment of $1,000,000 US from SIDA for the purchase of premises of the NHRI. This acquisition allowed the NHRI to secure appropriate, accessible facilities. It also freed the organization from high rents or mortgage payments, although underfunding of the Ugandan commission has restricted their ability to expand and repair the premises. Source: Ugandan Human Rights Commission.
Source: Uganda Human Rights Commission; 8th Annual Report to Parliament, Chapter 7 (2005).
It is true that many institutions do have to rent premises and thus rental costs should be part of the standard budget appropriation for the NHRI by the legislature.
The following basic criteria for premises are linked to the necessity of independence in the Paris Principles. Premises should be:
- located away from government buildings4,
- accessible: easy to get to and into and centrally located,
- close to public transport, and
- accessible to persons with disabilities.
Commercial buildings that have paid parking, and /or heavy security (other than the security personnel that the NHRI may have for its own premises), may not be not ideal. NHRIs in such buildings have come under criticism as being inaccessible in some countries.
The location should not be on property that casts the credibility of the institution or its office holders in doubt, especially if the costs are high and perceived as elitist and out of touch with social realities. There may also be conflict of interest issues. For example, an NHRI may rent premises in a building that is owned by a senior member of government or a person who is not at arm's length from the NHRI. This is a conflict of interest, and resulting in damage to the NHRI's reputation if the news gets out and is reported in the media.
A checklist for premises and considerations for opening new regional offices are in Chapter 9.
Implications for the UNCT in the establishment phase: If asked to support this aspect of programming, UNCTs can provide information on these basic criteria, having regard to the country circumstances. Emphasis should always be placed on the minimal criteria of the Paris Principles.
3 For example, see the comments made by the ICC Sub-Committee on Accreditation with reference to the application of Afghanistan regarding the importance of the Commission having its own premises and being independent of government.
4 NHRI premises should be easily distinguished from those of government. In particular, efforts should be made to avoid co-locating with government agencies that might cause concerns among complainants. Instead, NHRIs might co-locate with other independent agencies, such as an Auditor General, Ombudsperson, Anti-corruption commission, etc. That said, it is not unusual in developed countries to see NHRIs located in government buildings or buildings occupied primarily by government departments. Much depends on the level of democratic governance, respect of the rule of law and risks related to security and confidentiality.