UNDP-OHCHR TOOLKIT
11 In
the course of the development of the Common
Country Assessment, UNCT staff should assess the
need for an NHRI, or assess the effectiveness of
the NHRI (in countries that have one), depending
on the situation, as a standard part of the assessment and analysis of the development and human
rights situations.
11 In
the course of contributing to the UN Development
Assistance Framework and in-country programming
processes, UNCTs should develop a common platform
for interventions, when asked by the country to do so,
as a standard part of the assessment and analysis of
the development.
E-Discussion: “The Role of UN Agencies and UN
Country Teams in Supporting National Human Rights
Institutions”. An excellent resource for learning about
NHRIs from the UNCT perspective is E. Filmer-Wilson’s
27 March 2008 synthesis of the HuriTALK. Final
Summary of E-Discussion: The Role of UN Agencies
and UN Country Teams in Supporting National Human
Rights Institutions. (2008). http://www.undg.org/
docs/8751/E-mail-Final-Summary.doc
1.3. Introducing the Paris Principles
The 1991 “Paris Principles” (“Principles Relating to the
Status and Functioning of National Institutions”) set out
the basic international standards for NHRIs and mark
the beginning of standardisation of norms for NHRIs.
They were adopted by a group of NHRIs at an international workshop and were later endorsed by the
former United Nations Commission on Human Rights
and the General Assembly. A NHRI which complies with
the Principles is eligible to be accredited by the SubCommittee of the ICC.
A brief history
In 1991, the UN Centre for Human Rights (now the
OHCHR) convened a conference of national human rights
institutions to define common attributes that NHRIs
should possess. The meeting produced a set of standards.
Because that meeting was held in Paris, these standards
came to be known more simply as the “Paris Principles”.
The Paris Principles have become part of the human rights
lexicon. The Vienna Declaration qualified any mention
of national institutions with the phrase “established in
conformity with the Paris Principles”. The Paris Principles
were endorsed by a UN General Assembly Resolution in
199318 and today are broadly accepted as the test of an
institution’s legitimacy and credibility vis-à-vis international standards. A NHRI that fails to meet these standards
may still be a legal institution in the national context, but
it will have failed to comply with international norms.
1.3.1 Key features
The Paris Principles are standards that all national human
rights institutions should meet.
They also contain “additional” or optional principles
that apply only to institutions with what is called “quasijurisdictional competence” in the Paris Principles. These
additional principles apply to institutions authorised to
receive individual complaints and to render decisions on
them. Since these additional principles are optional, they
are not dealt with in detail here.
The Paris Principles are minimum conditions. NHRIs
should comply with them in order to be effective in terms
of human rights protection and promotion, and to be
accredited by peer institutions within the UN system.19
However, the Paris Principles should not be understood
as preventing States from creating NHRIs that have additional powers or from exceeding the standards set in the
Paris Principles. But the Principles must be met in order
for a national human rights institution to be accredited.
Under the Paris Principles, NHRIs are required to:
11 Protect
human rights, including by receiving, investigating and resolving complaints, mediating conflicts
and monitoring activities; and
11 Promote
human rights, through education, outreach,
media, publications, training and capacity-building
activities, as well as by advising and assisting
governments.
As independent institutions with a mandate to combat
discrimination and promote and protect human rights
and, subject to their enabling statutes, NHRIs are directly
engaged in work related to:
11 Civil
and political rights
11 Economic,
social and cultural rights
Principles relating to the Status of National Institutions, General Assembly Resolution 48/134, 20 December 1993. http://www2.ohchr.org/english/law/parisprinciples.htm
18
The process by which a national institution is accredited as complying with the Paris Principles is described in Chapter 10 of this Toolkit.
19
10
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