Key concepts

UNCTs are being requested to support NHRIs in a rapidly changing environment where the concepts underlying NHRI are experiencing rapid change. Here are some of the key concepts addressed in the Toolkit.

A complex governance environment: The number of NHRIs themselves has more than tripled since 1993; there are now about sixty Paris Principle-compliant institutions.

As the number of NHRIs has proliferated, so has their complexity. Several institutions have multiple mandates dealing not only with human rights, but also with mandates like mal-administration and anti-corruption.

As well, NHRIs frequently share the field with other national institutions, such as independent “classic” ombudsman offices, gender commissions, commissions or offices for children or for elderly, and special institutions or commissions for Indigenous peoples, to name but a few. UN staff need to take a dynamic approach to working with all these institutions, as well as NHRIs, recognising that there is no “one way” or single style of institutional approach to human rights or its institutional structure.

NHRIs themselves exist on a spectrum of compliance with the Paris Principle ranging from fully to partially compliant, and to institutions that are not compliant at all.

NHRI effectiveness: In some countries, there is growing scepticism about whether NHRIs are as effective as one might like. Clearly, no NHRI can function well in an environment where the state has failed, where the institution itself is under attack, or less dramatically, when its independence and effectiveness are undermined. In short, it is rare that an NHRI can be more effective or stronger than the governance structure or environment in which it operates. UNCTs may be therefore being requested to engage in parallel efforts to strengthen the State, which will involve efforts to strengthen NHRIs themselves.

• Many NHRIs are judged on how well they handle core protection issues related to the rule of law and the administration of justice. UNCTs should focus on supporting NHRIs in this crucial area (where the NHRIs in fact have authority under law) especially in relation to issues such as preventing torture, forced disappearances, arbitrary detention, and the abuse of power more generally, including by law enforcement and security forces.
• As well, NHRIs have the potential to support development processes, by mainstreaming human rights, including economic, cultural and social rights, into democratic governance, poverty reduction, and achieving the Millennium Development Goals.
• Ensuring equality between men and women is an overarching and cross-cutting theme in all NHRI work.
• NHRIs need to be supported when they are engaging in issues that are controversial or that are designed to protect the rights of specific groups. NHRIs frequently come under attack by governments, the media, civil society, and by powerful social forces that are opposed to NHRI human rights objectives. The UNCT staff could play an important role in this regard and could help build alliances with these groups.

Donor coordination: NHRIs can find themselves the “targets” of multiple donors looking to develop programmes and build capacity. Sometimes, NHRIs are fragile, institutionally or financially: this may make it difficult to raise funds or in some cases refuse donor money or to meet the demands imposed by technical assistance projects (integrating consultants into work processes, finding time for training, fulfilling reporting requirements, etc.) of various projects. It is not unusual to find NHRIs faced with various training and technical assistance projects that they cannot absorb, or which are duplicative, or which operate at cross purposes. The UN can play an important role supporting and coordinating well-intentioned efforts so that they do not inadvertently weaken the very institutions they set out to help. Coordination efforts can ensure that programming is a function of NHRI needs, and thus demand, rather than supply. Multilateral or bilateral cooperation efforts can be important strategies to minimise duplication and enhance effectiveness.

UN effectiveness: A key area of interest for UN Country Offices is how to do engage and deliver support to NHRIs “as one” within the UN system. Support to NHRIs is, in many countries, a joint UN project (with some countries having OHCHR, UNDP, UNICEF, UNIFEM supporting the project). UNCTs need to know how to initiate, manage and coordinate such projects in a manner that is internally consistent and that is coherent for the NHRI and other national actors. These issues are discussed in Chapters 6-9.

Finally, and crucially, this Toolkit helps to answer the question of whether UNCTs have made a difference. Do they assist NHRIs in carrying out their work more effectively and efficiently? How is this measured? How do UNCTs assess the outcomes and impacts of projects designed to help NHRIs?