8.6.4 Advice to Government and Parliament

Basic information on the role of NHRIs in providing advice to government and Parliament, including advice on legislation, is set out in Chapter 3.

If an NHRI requests support to establish its strategy to review national legislation, UNCTs can provide assistance by providing basic guidelines and steps. Before this, however, the government should be made aware of the advantages of reviewing draft bills and permitting NHRIs to establish programmes to systematically review proposed legislation at the draft stage because:

• It is easier to change a draft law than to repeal or amend an existing one;
• Reviewing proposed regulations, or even policy and procedures is also easier than changing them once government has decided on a course of action;
• Getting legislation, policy and practice right in the first instance prevents potential problems later;
• A review process can avoid the complication and costs of human rights investigations, litigation or communications to Treaty Bodies after the fact; and
• Intervention at the drafting stage usually ensures that there is a public and open discussion on the aims and expected impacts of the legislation; institutions can ensure that human rights principles and the needs of disadvantaged and marginalized individuals form part of this public discourse.

NHRIs should develop the capacity to engage government and Parliament in formulating policies and priorities for the country. This area is part of the strategies used by NHRIs to develop mechanisms to ensure regular communications: this can take place through regular attendance at Parliamentary committee hearings, contacts with Ministers of key departments.

Implications for the Establishment Phase: The NHRI needs to begin regular and structured communications with key actors in government and Parliament to promote communications about upcoming Bills and other human rights developments.