UNDP-OHCHR Toolkit

module overview

Chapter 1
Introducing National Human
Rights Institutions

Chapter 2
Models of NHRIs

Chapter 3
Roles and Responsabilities of
NHRIs

Chapter 4
The Rule of Law and the NHRI

Chapter 5
NHRIs, Development and
Democratic Governance

module overview

Chapter 6
Situating NHRI Support in the UN Planning & Programming Process

Chapter 7
Pre-establishment Phase of NHRIs

Chapter 8
Establishing NHRIs

Chapter 9
Consolidation Phase:
Strengthening the Mature NHRI

Chapter 10
Paris Principles and Accreditation

9.6.3 Supporting the International Human Rights System

A mature NHRI should have developed on-going and substantive relationships with the UN system. As well, the UNCT should be able to bring the resources of the UN to bear in supporting NHRIs, across different agencies.

9.6.3.1 Capacity Assessment: Engagement with Treaty Bodies

According to the NIRM Section of the OHCHR, about 112 country reports were reviewed by various treaty bodies and of these, 82 had NHRIs. It is striking that only 38 of that number participated in the treaty body process. This is a clear area for strengthening the NHRI's capacity.8

The following checklist will help assess the capacity to engage with treaty bodies, building on the steps taken in Chapter 8:

Table 5: NHRIs and Treaty Bodies9

Reporting By drafting accompanying reports or comments in connection with the reports that States are required to submit to UN bodies. NHRIs may express an opinion, with due respect for their independence.	Does the NHRI provide information to the secretariat of the particular Treaty Body for the drafting of the List of Issues, highlighting gaps in human rights protection at the national level)?
	Has the NHRI contributed to the preparation of State party reports, including through consultation or commenting on the report? Have they provided independent information on the implementation of human rights to the Treaty Bodies that review State compliance with its treaty obligations?
	Has the NHRI made an oral presentation in pre-sessional working groups of treaty bodies?
	Has the NHRI made use of the presence of the ICC representative in Geneva to address treaty bodies on its behalf (only for A-status NHRIs)?
Follow-up	Does the NHRI monitor state dissemination of information to all relevant actors on concluding observations and recommendations of treaty bodies and support public awareness thereon?
	Does the NHRI support and host follow up meetings to concluding observations and recommendations of treaty bodies intended for the Government, Parliament, public authorities, NGOs and other relevant actors of civil society?
	Does the NHRI monitor the effective implementation by the Government of the concluding observations and recommendations of treaty bodies and provide guidance on possible courses of action?
	Where possible, has the NHRI developed its own programming to ensure that observations and recommendations of treaty bodies are applied at the national level?
	Does the NHRI engage with Government and Parliament and other public authorities regarding the implementation of concluding observations and recommendations?
Petitions/Enquiry procedure	Does the NHRI facilitate or assist victims' communications to treaty bodies?
	Does the NHRI lobby the State to assent to the respective individual complaint mechanisms of the treaty bodies?
	Does the NHRI follow up to treaty bodies' assessments of complaints to monitor State party action undertaken in relation to it?
	Does the NHRI follow up on interim orders of treaty bodies given to State parties in relation to complaints where irreparable harm is envisaged?
	Does the NHRI engage with treaty body enquiry procedures, in an appropriate manner, including through briefings and the provision of information?
International Human Rights instruments	Does the NHRI encourage ratification of international human rights instruments and accession to these instruments?
	Does the NHRI publicise / disseminate information about international human rights instruments and undertake advocacy and educational campaigns?
	Does the NHRI assist governments and other stakeholders in understanding, conceptualising and contextualising international instruments?
	Does the NHRI inform Parliaments about State party obligations regarding international human rights instruments?
	Has the NHRI encouraged the removal of State party reservations to the respective treaties including through public awareness campaigns?
Training	Is the NHRI supporting the capacity building of state officials regarding reporting procedures, collection of data that is required for reports and other relevant issues relating to the reporting process?