8.6.1.2 Investigations and Complaints Handling
NHRIs in the establishment phase have to build effective systems to ensure the quick and effective resolution of investigations. For NHRIs with the additional power to receive individual complaints, this part of the work assumes particular significance. It is not unusual, from the very earliest phases, to see NHRIs quickly overwhelmed with large numbers of cases. The dangers of being overwhelmed are more serious in countries where established and familiar governance systems are in transition or have been eroded, or have disappeared entirely. Thus, in several CIS countries, for example,
the population often sees the NHRI as a substitute for old complaints-taking bodies, such as the Communist Party committee complaints department. As a result, NHRIs receive a huge volume of complaints not only about violations of human rights, but also – and sometimes mainly – about violations of all possible laws, rights and interests. Widespread corruption and a poorly functioning judicial system only aggravate this situation. Only by educating the population about what an Ombudsman can and cannot do, and by demonstrating the results of its work can NHRIs win popular support and legitimacy in the eyes of society;12
Implications for the Establishment Phase: (see text box, "Simple Steps to Control Case Load")
Simple steps to control case load
- Ensure that the full complement of NHRI investigations staff is in place before the NHRI opens its doors.
- Design an effective and efficient case flow that includes an intake phase to screen in only those cases that the NHRI is authorised by law to deal with (see the section below);
- Prepare a case management manual that includes intake procedures (complaint forms; standard letters; standing instructions for early refusal and referral); investigation procedures (policy and procedures) – that are required to support complaint investigation, and
- Collect and use of case load data to track trends.
12 Asia Pacific Regional Initiative, In 2008, a Regional initiative was launched to assist NHRIs to understand their capacity, strengths and needs, and to develop tailored capacity development strategies to address capacity gaps on a continuing and comprehensive basis. The initiative is intended to complement and enhance the support implement by UNDP Country Offices and UNCTs for NHRIs at the national level and is supported by the UNDP Global Human Rights Strengthening Programme.