OVERVIEW: MODULE I
Module I is introductory in nature and is designed to provide an overview of NHRIs and their role in national, regional and international human rights systems, with a focus on issues relevant to UNCTs.
Module I contains five chapters.
Chapter 1: Introducing National Human Rights Institutions
Objective: Clearly explain what an NHRI is and its relevance to UN Country Teams. Describe the context in which NHRIs operate, including the human rights framework at the national and international levels, and the special importance of NHRIs in both.
This chapter provides a general, short introduction for UNCT staff regarding the basic features and functions of national human rights institutions, the context in which they operate, the special relationship between NHRIs and the UN, and the ways in which UNCTs can work with NHRIs. This Chapter also introduces the “Paris Principles,” which set minimum standards for NHRIs.
Because the UN has an important role in supporting NHRIs, this chapter emphasises the importance of strengthened co-operation which offers greater chances of success in ensuring the sustainability of democratic governance, the effective application of the rule of law, and the securing of human rights. Both the UNDP and the OHCHR have recognised that engagement with NHRIs is a priority.
Chapter 2: Models of NHRIs
Objective: Identify different types of NHRIs, including regional specificities (by consolidating regional experiences) and existing guidelines.
This chapter is designed to familiarise UNCT members with the various NHRI models, with a focus on functional and structural differences, as well as regional specificities. UNCTs will improve their understanding of legal, political, and regional institutional cultures that affect NHRIs and the work they do. Other factors, such as economic circumstances, philosophical differences, and practical considerations are taken into account in examining the evolution of different models.
Chapter 3: Roles and responsibilities of NHRIs
Objective: Set out in detail the roles and responsibilities of NHRIs, including the human rights framework at the national and international levels with a focus on how NHRIs relate to the UN system.
This chapter looks in detail at the main roles and responsibilities of NHRIs at both the national and international levels. The Chapter begins with an overview of the context in which NHRIs function and then moves to the standard grouping of NHRI roles. It should be noted that NHRI functions or activities are described in the Principles as “responsibilities”, suggesting that these are things that institutions are obliged to do.1 It is intended as a general overview only.
Chapter 4: The Rule of Law and the Core Protection Mandate
Objective: Set out in detail the roles and responsibilities of NHRIs, including the human rights framework at the national and international levels with a focus on how NHRIs relate to the UN system.
The rule of law and the administration of justice are State responsibilities. NHRIs also have a role in strengthening both areas. This Chapter examines the role of NHRIs and the particular strategies and activities that NHRIs can undertake to strengthen the rule of law.
A related and crucial aspect of the NHRI mandate is core protection work. The OHCHR considers core protection issues to be one of the more important elements in determining the credibility of NHRIs at both the national and international levels. This chapter also emphasizes the role of NHRIs in the core protection mandate such as:
- General activities relating to the prevention of torture, summary execution and arbitrary detention
- Complaints from detainees
- Detention monitoring
- General activities relating to the protection of human rights defenders
Chapter 5: NHRIs, Human Development and Democratic Governance
Objective: Highlight possible roles and added value of NHRIs in the larger development context, particularly on influencing development processes, with concrete case studies in areas such as participation in the formulation of poverty reduction strategies, decentralisation programmes, policy and budget monitoring.
While many NHRIs tend to focus on civil and political rights, they also have important roles to promote and protect economic, social and cultural rights and to strengthen the ties between these rights and ESC rights. UNCTs can assist NHRIs in this work at the national level, including through supporting the integration of the Millennium Development Goals to develop a road map on programmatic priorities. Adapting these to the particularities of each country permits effective target-setting and programming for NHRIs.
Working within cultural contexts is integral to a NHRI’s approach to development and human rights, and especially to the effectiveness of NHRIs working to achieve equality. Working within cultural traditions can allow the NHRI to work with social and cultural leaders to effect attitudinal and practical changes. With the support of UNCTs, NHRIs can be informed of relevant norms and documents related to cultural rights and their relationship to other human rights.
Because of the important links between democratic governance and human development, NHRIs can look to strategic planning processes as a way to identify specific areas of priority in the development context that have implications for human rights. The collaboration of UNCTs, NHRIs and UNDP is necessary to the creation of an enabling environment to achieve MDGs. NHRIs can also play an effective role in poverty reduction strategies, by maintaining a strong human rights-based approach to Poverty Reduction Strategy Papers (PRSP). Their role may include seeking involvement in the development and monitoring of a PRSP, and intervening where necessary.