A national human rights institution (NHRI) is an independent state-based institution with the responsibility to broadly protect and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United Nations High Commissioner for Human Rights (OHCHR), which has provided advisory and support services, and facilitated access for NHRIs to the United Nations (UN) treaty bodies and other committees. [1] There are over one hundred such institutions, about two-thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles. Compliance with the Principles is the basis for accreditation at the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of the Global Alliance of National Human Rights Institutions (GANHRI) called the Sub-Committee on Accreditation. [2] The secretariat to the review process (for initial accreditation, and reaccreditation every five years) is provided by the National Institutions and Regional Mechanisms Section of the OHCHR. [3]
NHRIs can be grouped together into two main categories: human rights commissions and ombudspersons. While most ombudspersons have their powers vested in a single person, [4] human rights commissions are led by multi-member boards, often representative of various societal groups. NHRIs are sometimes set up to deal with specific issues such as discrimination, although the Paris Principles requires they should be bodies with broad responsibilities. Specialised national institutions also exist in many countries to protect the rights of a particular vulnerable group such as ethnic and linguistic minorities, indigenous peoples, children, refugees, persons with disabilities or women.
However, national human rights institutions under the Paris Principles have an explicit and broad human rights mandate that should include both promotion and protection functions. [5] This can include research, documentation and training and education in human rights issues, than the classical ombudsman model which tends to work on handling complaints about administrative deficiencies. While all human rights violations are maladministration, only a small proportion of the workload of an ombudsman deals with violations of human rights standards. [6]
In most countries, a constitution, a human rights act or institution-specific legislation will provide for the establishment of a national human rights institution. The degree of independence of these institutions depends upon national law, and best practice requires a constitutional or statutory basis rather than (for example) a presidential decree.
Nations human rights institutions are also referred to by the Vienna Declaration and Programme of Action [7] and the Convention on the Rights of Persons with Disabilities. [8]
Special commissions have been established in many countries to ensure that laws and regulations concerning the protection of human rights are effectively applied. Commissions tend to be composed of members from diverse backgrounds, often with a particular interest, expertise or experience in the field of human rights.
Human rights commissions are concerned primarily with the protection of those within the jurisdiction of the state against discrimination or mistreatment, and with the protection of civil liberties and other human rights. Some commissions concern themselves with alleged violations of any rights recognized in the constitution and/or in international human rights instruments.
One of the most important functions vested in many human rights commissions is to receive and investigate complaints from individuals (and occasionally, from groups) alleging human rights abuses committed in violation of existing national law. While there are considerable differences in the procedures followed by various human rights commissions in the investigation and resolution of complaints, many rely on conciliation or arbitration. It is not unusual for a human rights commission to be granted authority to impose a legally binding outcome on parties to a complaint. If no special tribunal has been established, the commission may be able to transfer unresolved complaints to the normal courts for a final determination.
NHRIs are usually able to deal with any human rights issue directly involving a public authority. In relation to non-state entities, some national human rights institutions have at least one of the following functions:
Additionally they may promote and protect the responsibilities of the state and the rights of the individual by:
Promoting and educating human rights may involve informing the public about the commission's own functions and purposes; provoking discussion about various important questions in the field of human rights; organizing seminars; holding counselling services and meetings; as well as producing and disseminating human rights publications. [10] Another important function of a human rights commission is systematically reviewing a government's human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving. [10] This often includes human rights proofing of draft legislation, or policies. The degree to which the recommendations or rulings produced by a human rights institution can be enforced varies based on the human rights climate surrounding the institution.
Human rights commissions may also monitor the state's compliance with its own and with international human rights laws and if necessary, recommend changes. The realization of human rights cannot be achieved solely through legislation and administrative arrangements; therefore, commissions are often entrusted with the important responsibility of improving community awareness of human rights.
According to the Paris Principles, the national human rights institutions are obliged to make "preparation of reports on the national situation with regard to human rights in general, and on more specific matters"; and this is mostly done in annual status reports. [11]
The International Council on Human Rights Policy reported that NHRIs are established in three key ways: in countries that are experiencing conflict (usually internal like South Africa, Ireland or Spain), or to respond to claims of serious human rights abuses. [12] NHRIs can also be established as visual institutional security, as a body that is seen to be dealing with prevalent issues (such as seen in Mexico and Nigeria), or finally to underpin and consolidate other human rights protections (such as in Australia and New Zealand). National governments wanted to establish institutions which reflected their own opinions and cultural identity more effectively. In this regard they enable states to set their own agendas that reflect their individuality. The United Nations Commission on Human Rights passed resolutions in 1992 which recommended promotion of such institutions by government's that did not yet have any, and also promote the development of those that did. [12] At the end of the 20th Century the United Nations Commission would take over tasks that require international involvement. Regional human rights agreements also encouraged this development and establishment of human rights institutions as technical assistance was provided through international arrangements (such as the Asia-Pacific Forum of National Human Rights Institutions). [12]
NHRIs in some member states work at the international and regional level (such as in the European Union). [13] They may work as preventative mechanisms for non-discrimination of minority groups or international crimes (such as torture). [13] The authority and expertise that NHRIs customarily hold provides them the ability to promote equal treatment. Ultimately they are a useful tool in assisting states to comply with international rights standards by providing a uniquely objective perspective and addressing and resolving issues at the domestic level. [13]
Coupled with the United Nations, NHRIs are protecting and providing comprehensive and wide-ranging solutions. However some states are unwilling to give effect to these sanctions, and the United Nations is unable to conduct the widespread and analytical monitoring of countries. In order to be legitimate, effective and credible NHRIs must be independent and effective. [14] One of the most effective tools that NHRIs have is their unique position between the responsibilities of government and the rights of civil society and non-governmental organisations (NGOs). This conceptual space gives NHRIs a positively distinctive role, acting as a different protection service for the people and different tools available to hold the state and other bodies accountable for human rights breaches. [14] However being independent from government and NGOs provides greater difficulty when funding, and working relationships are taken into account. [14] In most countries they receive government funding, and are also created and appointed by a governmental body. [14] This creates somewhat of a parallel obligation and taints the idea of the institutions autonomy and makes it harder to pursue their individual agenda.
The Paris Principles were conceived at a 1991 conference convened by the United Nations Commission on Human Rights. [13] Although the priorities and structure of them differ from country to country they have core features. [15] Part A.3 of the Paris Principles adopted in March 1993 by the United Nations Commission on Human Rights provides that NHRIs responsibilities are to ratify human rights treaties and cooperation with human rights mechanisms. The workshop recommendations provide a basis for assessing the effectiveness and independence of a NHRI, identifying six key criteria for states seeking to establish such institutions or to become effective:
Those NHRI that fully comply with these fundamental criteria and have shown independence are accredited an "A status", while those that only partially fulfil them receive a "B status". Those that are given "A status" are allowed to participate in discussion on the United Nations Human Rights Council discussions and more broadly, its mechanisms. The Subcommittee on Accreditation determines the "status" of each NHRI which can be appealed to GANHRI's Chair within 28 days. [17] "C status" NHRIs are labelled as such due to a perception of non-compliance with the Paris Principles, but may still participate in gatherings as observers. [13] The Committee reviews these decisions every five years, giving the institutions multiple opportunities to show further independence or compliance with the Paris Principles. Aiming to be transparent, vigorous and thorough in its evaluations the committee will provide advice on how best to earn "A status" and comply with the Paris Principles.
The Global Alliance of National Human Rights Institutions (GANHRI), formerly known as the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), is a representative body of institutions worldwide. Its goal is to develop and create effective and independent NHRIs around the world. [18] These institutions meet the "A status" (voting member) requirements of the Paris Principles and encourages inter-institutional cooperation. [18] In addition to organising international conferences for NHRIs it will also help those institutions in need of assistance and will occasionally help governments to create NHRIs when requested. [18]
NHRIs can deal with a variety of issues including torture, discrimination, environment and employment rights. [14] In addition to human rights commissions they can be constituted or legislated as an ombudsman or a hybrid human-rights ombudsman. [14] The International Ombudsman Institute provides support for the national ombudsman institutions for human rights who similarly protect and promote human rights. They are more concerned with state administration processes and so receive and make complaints in regards to any systematic or administrative human rights breaches or concerns. [19]
The international Coordinating Committee of NHRIs was established in 1993 with a Bureau composed of one representative from the Americas, Asia Pacific, Africa and Europe. [20] The Coordinating Committee organises an annual meeting and a biennial conference that facilitates and supports NHRI engagement with the United Nations system. [20] At these gatherings NHRIs are able to share their expertise on specific topics and engage with the United Nations Office of the High Commissioner for Human Rights (OHCHR), which acts as a Secretariat of the Coordinating Committee. In order to facilitate NHRI dialogue with civil society the Coordinating Committee also holds an NGO forum. The Coordinating Committee may also be asked by a government to assist in making a new NHRI or to develop on pre existing ones. [20] Its name was changed to GANHRI in 2016.
Not all of the following NHRIs are accredited through GANHRI.
International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, agreements between sovereign states intended to have binding legal effect between the parties that have agreed to them; and customary international law. Other international human rights instruments, while not legally binding, contribute to the implementation, understanding and development of international human rights law and have been recognized as a source of political obligation.
The Australian Human Rights Commission is the national human rights institution of Australia, established in 1986 as the Human Rights and Equal Opportunity Commission (HREOC) and renamed in 2008. It is a statutory body funded by, but operating independently of, the Australian Government. It is responsible for investigating alleged infringements of Australia's anti-discrimination legislation in relation to federal agencies.
The Human Rights Commission is the national human rights institution (NHRI) for New Zealand. It operates as an independent Crown entity, and is independent from direction by the Cabinet.
The Danish Institute for Human Rights (DIHR) is a national human rights institution (NHRI) operating in accordance with the UN Paris Principles. The DIHR was originally established as the Danish Centre for Human Rights by a parliamentary decision on 5 May 1987. From January 2003 until January 2013, the DIHR was part of the Danish Centre for International Studies and Human Rights. DCISM closed at the end of 2012, and the DIHR was again created as a separate organisation.
The National Human Rights Council is a national institution for the protection and promotion of human rights in Morocco. It was established in 1990 as an Advisory Council on Human Rights. Its founding law was amended in 2001 to be in conformity with the Paris Principles, and again in 2011, giving the institution more powers, more autonomy and broad prerogatives to protect and promote human rights in Morocco and also to promote the principles and values of democracy. A new founding law passed in 2018, giving the institution even more powers and a broader mandate. The Council was thus designated as a national preventive mechanism against torture, as a national disability rights mechanism and a national child redress mechanism.
The Afghan Independent Human Rights Commission (AIHRC) is a national human rights institution that was created during the Islamic Republic of Afghanistan, dedicated to the promotion, protection, and monitoring of human rights and the investigation of human rights abuses. As of May 2022, during the de facto Taliban government of Afghanistan, the status of the AIHRC is disputed between the Taliban, who declared the AIHRC to be dissolved, and the AIHRC itself, which sees the Taliban government as nationally and internationally illegitimate, without the power to dissolve the AIHRC.
The Paris Principles were defined at the first International Workshop on National Institutions for the Promotion and Protection of Human Rights held in Paris on 7–9 October 1991. They were adopted by the United Nations Human Rights Commission by Resolution 1992/54 of 1992, and by the UN General Assembly in its Resolution 48/134 of 1993. In addition to exchanging views on existing arrangements, the workshop participants drew up a comprehensive series of recommendations on the role, composition, status and also functions of national human rights institutions (NHRIs). These built on standards previously adopted by the 1978 Geneva Seminar on National and Local Institutions for the Promotion and Protection of Human Rights’, which produced the ‘Guidelines on the Structure and Functioning of National and Local Institutions for the Promotion and Protection of Human Rights’. The 1993 Paris Principles regulate to the status and functioning of national institutions for the protection and promotion of human rights known as National Human Rights Institutions.
The Ombudsman's Office of Colombia is the national government agency that is charged with overseeing the protection of civil and human rights within the legal framework of the Republic of Colombia. The ombudsman, or People's Defender, is an official appointed by the President, and elected by the Chamber of Representatives of Colombia, to head this agency.
The Universal Periodic Review (UPR) is a mechanism of the United Nations (UN) Human Rights Council (HRC) that emerged from the 2005 UN reform process. Commonly referred to as the UPR, it was established by General Assembly resolution 60/251 of 3 April 2006, the UPR periodically examines the human rights performance of all 193 UN Member States. It is intended to complement, not duplicate, the work of other human rights mechanisms, including the UN human rights treaty bodies. This is the first international human rights mechanism to address all countries and all human rights. The Working Group on the UPR, which is composed of the HRC's 47 Member States and chaired by the HRC President, conducts country reviews.
An ombudsman, ombud, ombuds, bud, ombudswoman, ombudsperson or public advocate is a government employee who investigates and tries to resolve complaints, usually through recommendations or mediation. They are usually appointed by the government or by parliament.
The Asia Pacific Forum (APF) is one of four regional networks of national human rights institutions (NHRIs) within the International Co-ordinating Committee of NHRIs. The APF formerly accredited NHRIs for compliance with the United Nations' Paris Principles, but now acknowledges the accreditation decisions of an ICC sub-committee on which the APF has one of the four (regional) seats.
The Global Alliance of National Human Rights Institutions is a global network of national human rights institutions (NHRIs) which coordinates the relationship between NHRIs and the United Nations human rights system, and is unique as the only non-UN body whose internal accreditation system, based on compliance with the 1993 Paris Principles, grants access to UN committees. Institutions accredited by the Subcommittee for Accreditation (SCA) of GANHRI with "A status", meaning full compliance with the Paris Principles, are usually accorded speaking rights and seating at human rights treaty bodies and other UN organs, mainly to the Human Rights Council. GANHRI representatives often present statements on behalf of individual NHRIs or the regional groups.
The Network of African National Human Rights Institutions (NANHRI) is one of four regional groupings within the global network, the Global Alliance for National Human Rights Institutions (GANHRI). NANHRI promotes the establishment of national human rights institutions throughout Africa, and supports co-operation and training to strengthen and develop the monitoring, promotion, protection and advocacy work of African NHRIs.
The Network of National Institutions in the Americas is one of four regional groups of national human rights institutions (NHRIs) within the global network, the International Co-ordinating Committee of NHRIs. The Americas group, which largely consists of ombudsman agencies rather than multi-member human rights commissions, is currently chaired by the National Human Rights Commission of Mexico, which represents the region on the ICC Bureau.
The ICC Working Group on Business and Human Rights is a thematic Working Group of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC). The Working Group was established by the ICC Bureau in March 2009 and held its first meeting in Copenhagen in August 2009. The Working Group includes 2 members from each of the 4 ICC Regions. The Danish Institute for Human Rights (DIHR) currently holds the Chair of the Working Group.
The National Centre for Human Rights (NCHR) is the national human rights institution of Jordan.
The National Commission on Human Rights is the national human rights institution (NHRI) of Indonesia. As with other NHRIs, its principal functions are the protection and promotion of human rights.
The European Network of National Human Rights Institutions (ENNHRI) is a membership international not-for-profit association (AISBL) under Belgian law. In 2013 it established its Permanent Secretariat in Brussels bringing together National Human Rights Institutions (NHRIs) from across the wider European region. Formerly known as European Group of National Human Rights Institutions, ENNHRI has been actively working in the field of promotion and protection of human rights in wider Europe for 15 years. ENNHRI essentially assists in the establishment and accreditation of European NHRIs, coordinates the exchange of information and best practices among its members, facilitates capacity building and training, engages with international and regional mechanisms for protection and promotion of human right and intervenes on legal and policy developments in Europe.
The Independent Commission for Human Rights (ICHR) is the national human rights institution of Palestine.
The Defensoría del Pueblo de la República Bolivariana de Venezuela is a state-funded human rights agency in Venezuela responsible for investigating complaints against any public authority. Along with the Public Ministry and the Comptroller-General of the Republic, the office forms the 'citizens’ power' branch of the Government of Venezuela. The three bodies collectively form the Republican Moral Council, a body established to promote moral and ethical behaviour by public officials.
A regularly updated bibliography of NHRI resources (webpages, publications, research) is available on the Asia-Pacific Forum of NHRI's webpage LINK
