UNDP-OHCHR TOOLKIT
For example:
•• An investigation may lead an NHRI to recommend
a particular action to redress a violation or to avert
further violations; or
•• A research study may show that action is required to
strengthen human rights efforts in particular areas,
or monitoring may reveal that national standards are
being misapplied locally and that better control
mechanisms are required.
The Paris Principles also specifically require institutions
to promote the adoption of laws that will incorporate or
“transform” international norms into domestic law. In this
regard, NHRIs will generally have the responsibility to:
11 Promote
and ensure the harmonisation of national
legislation, regulations and practice with the international instruments to which the State is a party;
11 Encourage
ratification of human rights treaties;
11 Contribute
to the reports which States are required
to submit to UN mechanisms (treaty bodies, special
procedures and UPR), or to regional bodies; and
11 Encourage
the removal of reservations, if any.
Training should be undertaken for all law enforcement
officers – police, army, prison officials – as well as those
involved in the judicial process. Such training should be
cooperative and continuous and geared towards the
organisations themselves developing permanent training
curricula. One approach would be to start with one
organisation – for example, the police – and using lessons
learned from that to adapt and proceed to other organisations involved in law enforcement. NHRIs can further their
work in these areas by undertaking public awarenessraising on complaints procedures against the police.
3.3.2 Cooperating with National
Stakeholders
3.3.2.1 Civil Society
The Paris Principles require NHRIs to assure pluralism:
this includes not only internal governance (for example,
ensuring diversity among commissioners and staff ), but
also mechanisms that “enable effective cooperation”.
The Principles require NHRIs to maintain ties with other
bodies active in the human rights area, particularly with
NGOs that work in the promotion and protection of
human rights.4
Their goal, in short, is to ensure that internationally
recognised rights find a home within national legislation,
regulation and practice.
The requirements of maintaining ties and cooperation
should be made clear and NHRIs should be encouraged
and supported in meeting these responsibilities.
3.3.1 Working with Security Forces
and Law Enforcement Officials
3.3.2.2 Other Institutions
Although issues will vary from country to country,
protecting human rights in many countries depends on
how law enforcement and security bodies do their work.
Areas of protection that are relevant for NHRIs working
with law enforcement and security include the following
that are drawn from the:
Nairobi Declaration on the Administration of Justice,
adopted at the Ninth International Conference of
National Human Rights Institutions (Nairobi, Kenya,
21-24 October 2008).
FURTHER INFORMATION ON THE RULE OF LAW, ADMINISTRATION OF
JUSTICE AND CORE PROTECTION ISSUES, CAN BE FOUND IN CHAPTER 4.
The Paris Principles state that NHRIs should consult with
other bodies responsible for human rights protection
and promotion. This may include “classic” ombudsman
offices dealing with citizen’s complaints about State,
special mediators, other institutions,5 and government
departments that are responsible for women or children,
for example.
This may not always be easy. Indeed, the proliferation
of such bodies – children’s ombudsman offices, gender
commissions, anti-corruption bodies, and so on that has
occurred as States seek to address one issue or another
can be bewildering. Difficulties may arise if there is
overlapping jurisdiction between the NHRI and other
independent institutions, including specialized bodies
such as gender equality commissions, ombudsman
offices and the like.
It should be noted that the requirement to maintain ties and cooperate with other organisations applies to all members of civil society, including religious institutions and leaders, community service
organisations, trade unions, the media and various associations and educational bodies.
4
Paris Principles, Methods of Operation (f).
5
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