The ICC and its Accreditation Process
The ICC and its Accreditation Process
Chapter 1
Introducing National Human
Rights Institutions
- Objective and
Executive Summary - 1.1 What is a "National Human
Rights Institution"? - 1.2 NHRIs in Context
- 1.2.1 The Emergence of NHRIs
- 1.2.2 Democratic Governance and a Human Rights Framework
- 1.2.3 Enabling Laws: Grounded in Constitutional Law and Legislation
- 1.2.4 International Human Rights Law
- 1.2.5 Can the NHRI Apply International Standards Domestically?
- 1.2.6 NHRIs and Human Rights-Based Approach to Development
- 1.2.7 NHRIs and the Protection of Specific Groups
- 1.2.8 NHRIs and the UN system
- 1.2.9 NHRIs and UNCTs
- 1.3 Introducing the Paris Princples
- 1.3.1 Key Features
- 1.3.2 Accreditation and the Paris Principles: introducing the ICC
- Key Messages
- Tools in this Chapter
Chapter 2
Models of NHRIs
- Objective and
Executive Summary - Introduction
- 2.1 Different Approaches: Form and Function
- 2.2 Geographic Jurisdiction and Extraterritorial Effect
- 2.3 NHRIs vs. Classic Ombudsman Offices
- 2.4 Models of NHRIs
- 2.4.1 Human Rights Commissions
- 2.4.2 Human Rights Ombudsman Institutions
- 2.4.3 Hybrid Institutions
- 2.4.4 Consultative and Advisory Bodies
- 2.4.5 Institutes and Centres
- 2.5 Recent Resolutions of the UN General Assembly
- 2.6 Factors to Consider in Choosing a Model
- Key Messages
- Tools in this Chapter
Chapter 3
Roles and Responsabilities of
NHRIs
- Objective and
Executive Summary - 3.1 Protection
- 3.1.1 Investigations and Human Rights Complaints
- 3.1.2 Monitoring
- 3.1.3 Public Inquiries
- 3.2 Promotion
- 3.2.1 Public Education
- 3.2.2 National Repository/Archive
for Human Rights Documentation - 3.3 Advising Governments and Parliament
- 3.3.1 Working with Security Forces and
Law Enforcement Officials - 3.3.2 Cooperating with National Stakeholders
- 3.3.2.1 Civil Society
- 3.3.2.2 Other Institutions
- 3.4 Role of NHRIs in Domestically Incorporating international Human Rights Law
- 3.5 Cooperation with Other NHRIs and Regional Human Rights Networks
- 3.6 Cooperation with the International Human Rights System
- 3.6.1 Treaty Bodies
- 3.6.2 Special Procedures of the Human Rights Council
- 3.6.3 The Human Rights Council and its Universal Periodic Review
- 3.7 Protecting and Promoting the
Rights of Specific Groups - 3.7.1 Protecting Specific Groups:
An Equality-focused Approach - 3.7.1.1 Women’s Human Rights
- 3.7.1.2 NHRIs and Rights of Persons with Disabilities
- 3.7.1.3 IDPs, Refugees, Stateless Persons & Migrants
- 3.8 NHRIs and Economic, Social and Cultural Rights
- 3.9 NHRIs and the Justiciability of ESC Rights
- 3.10 Transitional Justice
- 3.11 NHRIs and Business
- Key Messages
- Tools in this Chapter
Chapter 4
The Rule of Law and the NHRI
- Objective and
Executive Summary - 4.1 Introduction
- 4.2 NHRIs and the Rule of Law
- 4.2.1 Strengthening the Rule of Law
- 4.3 Core Protection
- 4.3.1 Preventing Torture, Summary Executions and Arbitrary Detention
- 4.3.2 Prevention of Torture
- 4.3.3 Preventing Arbitrary Detention and Forced Disappearances
- 4.4 Complaints from Detainees
- 4.5 Detention Monitoring
- 4.6 Protection of Human Rights Defenders
- 4.7 Core Protection and Specific Groups
- 4.7.1 Violence Against Women and Girls
- 4.8 NHRIs in Conflict Situations
- 4.9 Strengthening the Core Protection Mandate of NHRIs
- Key Messages
- Tools in this Chapter
- Selected References
Chapter 5
NHRIs, Development and
Democratic Governance
- Objective and
Executive Summary - Introduction
- 5.1 The UN and Human Rights Based Approach to Development
- 5.2 Linking NHRI Roles and Responsibilities to Development
- 5.2.1 Economic, Social and Cultural Rights and NHRIs
- 5.2.2 NHRI Constraints
- 5.2.3 The Millennium Development Goals and NHRIs
- 5.2.4 Millennium Development Indicators
- 5.3 Development, NHRIs and Culture
- 5.4 NHRIs, democratic governance and national development priorities
- 5.4.1 Creating an Enabling Environment for UNCT:
Human Rights, Development and Democratic Governance - 5.4.2 NHRIs and Poverty Reduction Strategies
- 5.4.3 Budget Analysis and Monitoring
- 5.4.3.1 Decentralisation Initiatives
- Conclusion
- Key Messages
- Tools in this Chapter
- Selected References
Chapter 6
Situating NHRI Support in the UN Planning & Programming Process
- Objective and
Executive Summary - 6.1 The UNCT Comparative Advantage
- 6.2 UNCTs and the Country Programming Cycle
- 6.3 Common Country Assessment
- 6.3.1 NHRI Participation in the CCA
- 6.3.2 Targeting NHRIs in the CCA
- 6.3.2.1 No NHRI, or NHRI in
Pre-establishment Phase - 6.3.2.2 NHRI being Established: No Accreditation Status
- 6.3.2.3 “A-status” NHRI in Place
- 6.3.2.4 NHRI in Place, but not Accorded A-Status,
or has been Down-graded - 6.3.2.5 In All Circumstances
- 6.4 UN Development Assistance Framework
- 6.4.1 NHRIs and the UNDAF
- 6.4.2 Targeting NHRIs in the UNDAF
- 6.4.3 Delivering as One: Strategies for Unified UN Support
- 6.5 Country Programme
- 6.6 UNCTs, NHRIs and Country
Programme Development - 6.6.1 NHRI Participation
- 6.6.2 Targeting NHRI in the Country Programme
- 6.7 Project Documents
- 6.8 Project Funding Mechanisms and Donor Coordination
- 6.8.1 Entirely UN-funded
- 6.8.2 Support Coordinated through the UN
- 6.9 Special Advisers to the NHRI
- Key Messages
- Tools in this Chapter
Chapter 7
Pre-establishment Phase of NHRIs
- Objective and
Executive Summary - Introduction
- 7.1 Assess the Country Situation
- 7.2 Supporting the Development of National Consensus
- 7.2.1 The Importance of Stakeholder Engagement
- 7.2.2 Gathering Support
- 7.3 Supporting a Country Request for Assistance
- 7.3.1 The Letter of Request: Supporting the
UN Resident Coordinator - 7.3.2 Making it Happen: Next Steps
- 7.3.2.1 Fostering National Dialogue
- 7.3.2.2 Coordinating International Assistance
- 7.3.2.3 Inception Missions
- 7.3.3 Focal Points in Government and in the UN
- 7.4 What kind of NHRI?
- 7.5 Developing the Legal Framework
- 7.5.1 Scope of Mandate
- 7.5.2 “Established by Law”
- 7.5.3 Funding
- 7.5.4 Coordinating Donor Support
- 7.5.5 Providing Budget Support for Core Costs and Wages
- 7.6 Building in Capacity from the Start
- 7.6.1 Public Legitimacy
- 7.6.2 Accessibility
- 7.6.3 Functional Organisational Structures and Culture
- 7.6.4 Capacity to Undertake Promotional Work
- 7.6.5 Capacity in Investigations
- 7.6.6 Capacity to Review Legislation
- 7.6.7 Capacity of NHRIs as National Preventative Mechanisms
- 7.6.8 Capacity to Obtain Information and Documents
- 7.6.9 Capacity to Undertake Monitoring
- 7.6.10 Capacity to Provide Advice to State Institutions
- 7.6.11 Human Rights and Business
- 7.7 Pitfalls and Strategies to Avoid Them
- 7.7.1 Managing Expectations
- 7.7.2 Getting Ahead of the Legislators
- 7.7.3 Operational Constraints
- 7.7.4 Developing Programming for Institutions Before
they are Established - 7.7.5 Capacity Gaps in Financial Management
- 7.7.6 Difficulties in Hiring Qualified Staff
- 7.7.7 Insufficient Capacity to Manage Core Protection Issues
- 7.7.8 Balanced Support for Hybrid Institutions
- Conclusion
- Key Messages
- Tools in this Chapter
- Selected References
Chapter 8
Establishing NHRIs
- Objective and
Executive Summary - Introduction
- 8.1 Key Infrastructure
- 8.1.1 Premises
- 8.1.2 Transportation
- 8.1.3 Telecommunications
- 8.1.4 Information Technology
- 8.1.5 Other Requirements
- 8.2 Organizational Development
- 8.2.1 Leadership
- 8.2.1.1 Appointments
- 8.2.1.2 Leadership Development
- 8.2.1.3 Role Definition
- 8.2.1.4 Vision and Leadership
- 8.2.2 Strategic Planning
- 8.2.3 Organizational Structure
- 8.2.4 Human Resources
- 8.2.4.1 Hiring and Promotion Policies
- 8.2.4.2 Gender Equity and Hiring
- 8.2.4.3 Terms and Conditions of Employment
- 8.2.4.4 Training and Professional Development
- 8.2.4.5 Performance Evaluations
- 8.3 Knowledge Management
- 8.3.1 Information Systems
- 8.3.2 Management Information
- 8.3.3 Research
- 8.3.4 Evaluation
- 8.4 Funding and Financial Capacity
- 8.5 Human Rights Capacity
- 8.5.1 Overview
- 8.5.2 Core Protection Issues
- 8.5.3 Women’s Equality
- 8.5.4 IDPs, Refugees and Stateless Persons
- 8.5.5 Persons with Disabilities
- 8.5.6 Human Rights-Based Approach to Development
- 8.5.7 Transitional Justice
- 8.5.8 Human Rights and Business
- 8.6 Functional Areas of Capacity
- 8.6.1 Protection
- 8.6.1.1 Protecting Witnesses and Human Rights Defenders
- 8.6.1.2 Investigations and Complaints Handling
- 8.6.1.3 Effective Case Flow Design
- 8.6.1.4 Intake and Triage
- 8.6.1.5 Systemic Cases
- 8.6.1.6 Work Tools for Case Management
- 8.6.1.7 Enforcement and Remedies
- 8.6.1.8 Alternative Dispute Resolution
- 8.6.1.9 Monitoring and Reporting on Human Rights Situations
- 8.6.2 Promotion
- 8.6.3 Interaction with the International Human Rights System
- 8.6.3.1 Capacity Development to Engage with Treaty Bodies
- 8.6.3.2 Capacity Development in Special Procedures
- 8.6.4 Advice to Government and Parliament
- 8.6.5 Stakeholder Engagement
- Key Messages
- Tools in this Chapter
Chapter 9
Consolidation Phase:
Strengthening
the Mature NHRI
- Objective and
Executive Summary - Introduction
- 9.1 Key Infrastructure
- 9.1.1 Premises
- 9.1.2 Transportation
- 9.1.3 Telecommunications
- 9.1.4 Information Technology
- 9.2 Organizational Development
- 9.2.1 Leadership
- 9.2.1.1 Leadership Development
- 9.2.1.2 Role Definition
- 9.2.1.3 Vision and Leadership
- 9.2.2 Strategic Planning
- 9.2.3 Organizational Structure
- 9.2.4 Human Resources
- 9.2.4.1 Attracting and Hiring Qualified Staff
- 9.2.4.2 Training
- 9.2.4.3 Performance Evaluation as an Assessment Tool
- 9.3 Knowledge Management
- 9.3.1 Case Management
- 9.3.2 Research Programmes
- 9.3.3 Evaluation
- 9.4 Funding
- 9.5 Human Rights Capacity
- 9.5.1 Core Protection Issues
- 9.5.2 Women’s Equality
- 9.5.3 IDP’s Refugees and Stateless Persons
- 9.5.4 Persons with Disabilities
- 9.5.5 Transitional Justice
- 9.5.6 Human Rights and Business
- 9.6 Functional Areas of Capacity
- 9.6.1 Protection
- 9.6.1.1 Investigations and Complaints Handling
- 9.6.1.2 Effective Case Flow Design
- 9.6.1.3 Intake and Triage
- 9.6.1.4 Handling Systemic Cases
- 9.6.1.5 Alternate Dispute Resolution
- 9.6.1.6 Monitoring and Reporting on Human Rights Situations
- 9.6.2 Promotion
- 9.6.3 Supporting the International Human Rights System
- 9.6.3.1 Capacity Assessment: Engagement with Treaty Bodies
- 9.6.3.2 Capacity Assessment: Special Procedures of the Human Rights Council
- 9.6.4 Stakeholder Engagement
- 9.6.5 Cooperation with other Human Rights Institutions
- 9.7 Advice to Government
- 9.7.1 Strengthening Capacity to Review Legislation
- Key Messages
- Tools in this Chapter
Chapter 10
Paris Principles and Accreditation
- Objective and
Executive Summary - 10.1 The Paris Principles
- 10.1.1 A Brief History
- 10.1.2 Key Features
- Principle 1: A Broad Mandate
- Principle 2: Autonomy
- Principle 3: Independence
- 10.1.3 Guaranteed by a Constitution or Legislation
- 10.1.4 Independence in Operation and in Funding
- 10.1.5 Independence through Appointment and Dismissal
- 10.1.6 Independence through Privileges and Immunities
- Principle 4: Pluralism
- Principle 5: Adequate Resources
- Principle 6: Adequate Powers of Investigation
- 10.2 Measuring Compliance: The Accreditation Process and UNCTs
- 10.2.1 What is Accreditation?
- 10.2.2 Why is Accreditation Important?
- 10.2.3 Who Confers Accreditation?
- 10.2.4 How are Accreditations Decisions Taken?
- 10.2.5 When are Decisions on Accreditation Taken?
- 10.2.6 Early Warning
- 10.3 Non-Compliant NHRIs
- 10.3.1 Risk Management:
Working with Non-compliant or Downgraded NHRI - 10.3.2 Support Strategies to Improve Upgrade Status
- Key Messages
- Tools in this Chapter
Chapter 1
Introducing National Human
Rights Institutions
Introducing National Human
Rights Institutions
Chapter 2
Models of NHRIs
Models of NHRIs
Chapter 3
Roles and Responsabilities of
NHRIs
Roles and Responsabilities of
NHRIs
Chapter 4
The Rule of Law and the NHRI
The Rule of Law and the NHRI
Chapter 5
NHRIs, Development and
Democratic Governance
NHRIs, Development and
Democratic Governance
Chapter 6
NHRIs and the UN Country
Planning Cycle
NHRIs and the UN Country
Planning Cycle
Chapter 7
Pre-establishment Phase of NHRIs
Pre-establishment Phase of NHRIs
Chapter 8
Establishing NHRIs
Establishing NHRIs
Chapter 9
Consolidation Phase:
Strengthening the Mature NHRI
Consolidation Phase:
Strengthening the Mature NHRI
Chapter 10
Paris Principles and Accreditation
Paris Principles and Accreditation
Guidance Notes
- Briefing Note for Resident Coordinators on NHRIs
- UNCT Strategies to Encourage and Promote Dialogue and National Consensus
- Guidance Notes to UNCT
- Situating NHRIs in the UN Country Planning Process
- The Role of UN Agencies and UN Country Teams in Supporting National Human Rights Institutions
- Creating an Enabling Environment for UNCT: Human Rights, Development and Democratic Governance
- Sample Project Activity Framework to Establish a NHRI
- Steps for Establishing a Paris Principles-Compliant NHRI
- Briefing Note for a Capacity Assessment of a NHRI
- Guidance to UNCTs: Early Warning
- Guidance Note to UNCTS: The Accreditation Process
Models of NHRIs
Capacity Development and
Assesment for NHRIs
Assesment for NHRIs
- Strengthening the Rule of Law
- NHRIs and Torture Prevention
- NHRIs and Detention Monitoring
- Premises Checklist
- Transportation Checklist
- Telecommunications Assessment Checklist
- IT Checklist
- Indicative Advanced Training Menu
- Intake Checklist
- ADR Assessment Checklist
- Is the Information System Supporting Case Management
- Women’s Equality
- IDP’s, Refugees and Stateless Persons
- Disability and NHRIs
- NHRIs and Transitional Justice
- NHRIs and Treaty Bodies
- Special Procedures of the Human Rights Council
- Autonomy and Independence
- Broad Mandate and Responsibilities
- Financial Autonomy
- Pluralism
- Investigation
Case Studies/ Examples
and Scenarios
and Scenarios
- Examples:
- Regional Coordination and the Asia Pacific Forum of National Human Rights Institutions (APF) Trafficking Focal Point Network
- Monitoring by the South African Human Rights Commission (SAHRC)
- NHRI Role in Transitional Justice in Rwanda
- Justiciable ESC Issues
- Cross-cutting Integration of Human Rights into Thematic Areas
- Country Office Perspective on NHRIs and Human Development
- Decentralisation in Zambia
- Funding the Commission on Human Rights (Mexico) CEDAW
- Substantive Content of Economic, Social and Cultural Rights Obligations
- UNDAF Outcomes that reflect Human Rights-based Approach Principles
- Audit Findings of the UNDAF for Uganda
- Devolving CPs from UNDAF Outcomes (Georgia and Lesotho)
- Special Technical Adviser to the Afghan Independent Human Rights Commission
- NHRIs Established through Internationally-Driven Efforts
- Nominations Process that Involves a National Parliament: Timor Leste
- The Importance of Community Support: Nepal
- Developing the Program of Action Without Adequate Ownership by NHRI: Afghanistan
- Ensuring Balanced Donor Support for a Hybrid NHRI
- Focal Points for Fighting Trafficking
- Premises for the Uganda HRC
- Specialized Units Afghan Independent Human Rights Commission
- Country Experiences of Monitoring (Guatemala & South Africa)
- Strategies to Ensuring Nation-wide Access. Bolivia and Namibia
- ICC Comment on Interference by government
- Dismissal
- Processes for Dismissal
- Increased vulnerability for groups in South Africa
- Scenarios:
- Is the NHRI Focusing on Core Protection Issues?
- Engaging Stakeholders in the Pre-Establishment Phase
- Are Special Measures Needed?
- Getting Started with a New NHRI
- A Technical Assistance Project for Strategic Planning
- Bridge-building with Civil Society
- Difficulties in Obtaining Draft Laws
- Inappropriate Use of Vehicles in a UN Funded Project
- A Faltering Intake System
- Ineffective Data Management
- Is the NHRIs Structure Working?
- Case Studies:
- The Grootboom Decision
- The UNDP, Human Rights and the Commission on Human Rights in the Philippines (CHR)
- Gender Analysis of a Budget
- Kenya National Commission on Human Rights
- Kenya National Commission of Human Rights (KNCHR)
- Malaysia and SUHAKAM: UNCT Engagement
- When a National Government Requests UN Support
- Working towards Gender Equality in NHRIs
- Stakeholder Consultations Assist in Assessing Legislative Provisions in Uganda
Organization Planning Tools
for UNCTs Supporting NHRIs
for UNCTs Supporting NHRIs
- Checklist of Steps in the Pre-Establishment Phase
- Overview of NHRI Legislative Features
- Who are Stakeholders?
- Guidelines for Developing a Strategic Planning Process
- Sample Terms of Reference for Strategic Planning Expert
- Steps in Strategic Planning
- Criteria for Job Descriptions
- Guidelines for General NHRI Training on Human Rights Protection and Promotion
- Types of Case Management Reports
- Case Management Policies and Procedures
- Sample Briefing Note for a Capacity Assessment of a NHRI
- Capacity Development Process
- NHRIs and Ensuring Women’s Equality
- NHRIs and IDP’s Refugees and Stateless Persons
- Disability and NHRIs
- NHRIs and Transitional Justice: Establishing Capacity
- NHRIs and Treaty Bodies
- Special Procedures of the Human Rights Council
- NHRIs and the Human Rights Council
- Sample Key Elements of an Organizational Structure
- Consultation with UNDP and OHCHR
- Simple Steps to Control Case Load
- Indicators for a Human Resources System
- Investigations: Hallmarks of a Troubled System
- Guidelines for NHRIs Seeking to Engage in the Legislative Review Process
Fact Sheets
- NHRIs and Core Protection Activities
- NHRIs and Protecting Human Rights Defenders
- NHRIs Detention Monitoring
- Independence, Terms of Office and Dismissal
- NHRI Independence
- NHRI Independence through Appointments
- NHRIs and the Business Sector
- Core Protection Issues and Potential Activities for NHRI Involvement
- ADR
- Quick Facts
Paris Principles Requirements