UNDP-OHCHR TOOLKIT
INTRODUCTION
According to the Vienna Declaration and Programme
of Action, each State has the right to choose the framework for the NHRI that best suits its particular needs at
the national level in order to promote human rights in
accordance with international human rights standards.
Although the Paris Principles set out the basic norms for
the roles and responsibilities of NHRIs, they do not dictate
models or structures.
Attempts have been made to classify and categorise
NHRIs, but none has been entirely successful. That is at
least in part because there is no universally accepted and
applied ideal “model”. Different models, approaches and
structures are evolving rapidly, and there are as many
variations as there are geographic regions and legal traditions. It has been said that there are as many typologies of
NHRIs as papers written about them!
While acknowledging that there is no definitive
classification, the models discussed in this document presume that NHRIs identified as such are in full compliance
with the Paris Principles.
2.1 Different Approaches: Form and
Function
There is no ideal or single accepted structure for NHRIs,
beyond compliance with the Paris Principles. The
Principles do not impose a uniform model for carrying
out these responsibilities and exercising these powers.
The best strategy for working effectively with an NHRI
– or helping to establish one – is to understand the surrounding legal, political and regional institutional culture
or the country and region.
How one categorises a NHRI will depend greatly on
regional practice and accepted terminology from a legal
or structural perspective, as well as what functions the
NHRI will have.
Historically, the distinctions are made between institutions
that are “Ombudsman-like” and institutions Commissions.
As a generality, Ombudsman institutions were headed by
a single person, used moral persuasion rather than legal
enforcement, and applied to public sector activity only.
11 Commissions,
on the other hand, tended to be a more
representative group, with several members, and
could have enforcement powers to deal with abuses
http://www.ohchr.org/Documents/Publications/NHRIen.pdf
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and could apply to both the public and private sector.
Given the evolution in the development of institutions, and in the nature and function of Ombudsman
institutions, this twofold distinction is not very helpful.
Legal and Structural Approach
The Paris Principles help to ensure a minimum set of
standards and therefore that NHRIs share certain similarities as regards powers and responsibilities. Moreover,
even though institutions may share certain similar core
responsibilities, the emphasis they put on these may
differ markedly. Some institutions may emphasise their
advisory, monitoring or promotion function, for example,
while others may put a greater emphasis on investigation. Nonetheless, it is possible to distinguish between
the national institutions that have been accredited by the
international network of national institutions and to categorise them as being of one type or another, if at times
somewhat imperfectly.
one looks at legal tradition, particular models tend
to be found in certain regions. In the International
Council on Human Rights Policy’s publication
“Assessing the Effectiveness of National Human Rights
Institutions”, NHRIs are described as being in the
“Hispanic, Francophone or Commonwealth tradition”,
or as being organised by continent: “multi-member
institutions that receive complaints in most of Africa
and Asia, single-member Defensores del pueblo in Latin
America, Ombudsman [offices] in European Nordic
countries, and advisory institutions in Europe”.1 These
divisions reflect regional differences to some extent,
but there is often great variety within regions.
11 If
one looks at structure, one might refer to
institutions being either “ombudsman-like” or “commission-like”, depending on whether the organisation
is structured around a single person or office-holder,
or based on the more corporate and multi-member
structure of a commission. Commonwealth of
Independent States (CIS) countries, for example, tend
to favour an ombudsman style model.
11 If
11 Even
so, care should be taken because classifications
are at best approximate, and the names can be
misleading: the fact that a “commission” usually investigates complaints does not prevent a purely advisory
body from calling itself a “commission”. Similarly, some
commissions are, in fact, structured as ombudsman
offices - the Mexican Human Rights Commission, for
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