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

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

Autonomy and Independence


Checklist: Autonomy and Independence

(Note that this checklist contains information on "Financial Autonomy" that is replicated later in this Chapter in the section on Principle 5: Financial Resources.)

Principle

Requirements

Y

N

AUTONOMY & INDEPENDENCE
(mandate)

Mandate is set out in constitution or legislation

Mandate gives authority to promote and protect human rights

AUTONOMY & INDEPENDENCE
(general jurisdiction)

Competence is defined in legislation

AUTONOMY & INDEPENDENCE
(Appointment Process)

Appointment effected by official act

Appointment is for a specific duration, (but not so short – e.g., two-years – as to potentially effect independence and effectiveness)

Appointment may be renewable , so long as pluralism is assured.

Appointment process, duration, renewability and criteria set out in legislation

Appointment process supports pluralism and independence

  • Nominations include input from civil society
  • Selection process involves Parliament
  • Criteria for selection includes demonstrated experience in human rights

AUTONOMY & INDEPENDENCE
(Dismissal Process)

Conditions for which a member may be dismissed are set out in legislation

Conditions relate to serious misconduct, inappropriate conduct, conflict of interest or incapacity only

Decision to dismiss requires approval preferably by autonomous body such as a panel of high court judges, at a minimum by 2/3rds vote of Parliament

AUTONOMY & INDEPENDENCE

If Government Officials in membership, they have advisory capacity only

Institution reports directly to Parliament

Members have immunity for official acts

State funding is sufficient to allow for independent staff and separate premises

State funding is sufficient to allow for core programming16 in protection and promotion

Funding not subject to financial control which might affect independence

Budget drawn up by the institution

Budget separate from any Department's budget

Institution has authority to defend budget requests directly before Parliament

Budget are secure

  • Not subject to arbitrary reduction in year for which it is approved
  • Not subject to arbitrary reduction from one year to the next

AUTONOMY & INDEPENDENCE
(In examination of Issues)

The institution can consider any issue within its competence on its own initiative on the proposal of its member or any petitioner

AUTONOMY & INDEPENDENCE
(Meetings)

The institution can let the public know of opinions or recommendations, including through the media, without higher approval

The institution meets regularly and in plenary

Special meetings can be convened as necessary

All members are officially convened for meetings

AUTONOMY & INDEPENDENCE
(In Organisational Structure)

The institution can set up working groups (which may contain non-NHRI members)

The institution can set up regional or local offices

 

 

 

 

 

16 "Core programming" in this context means that the Institution has enough funds available to conduct investigations, carry out general outreach programming and publish an Annual Report.