UNDP-OHCHR TOOLKIT “The promotion and protection of human rights is a bedrock requirement for the realization of the Charter’s vision of a just and peaceful world.” KOFI A. ANNAN, Former UN Secretary-General (2002) 1 INTRODUCTION 2008 marked the 15th anniversary of the Vienna Declaration and Programme of Action. Two significant outcomes of that Programme were the emergence of national human rights institutions (NHRIs) as key national actors in ensuring respect for human rights, and the acknowledgement of the Paris Principles as the international standard for effective and independent NHRIs. A “national human rights institution” (NHRI) is an institution with a constitutional and/or legislative mandate to protect and promote human rights. When in compliance with the Paris Principles, NHRIs are cornerstones of national human rights promotion and protection systems. NHRIs also serve as relay mechanisms between international human rights norms and the national level. NHRIs are not only central elements of a strong national system to promote and protect human rights: they could also be an effective bridge between rights holders and duty bearers (the State). They link the responsibilities of the State to the rights of citizens. They could connect national actors to regional and international human rights systems. And at the same time, NHRIs must afford a degree of protection to victims of human rights violations and often have the power to follow up on individual complaints, usually with national authorities. This may result in a degree of tension with national authorities. This is considered normal in the sense that it is the result of an effective and pro-active stance of the independent institution. NHRIs are new and unusual institutions – they are part of the State but are not part of the executive, legislative or judicial branches. They are arm’s length from national authorities and are funded primarily by the State. Indeed, the importance of sustainable funding for NHRIs and their activities has been highlighted by the UN Secretary-General, who has underscored the importance of “budgetary resources [being] provided to continue and further extend these activities and invites Governments to contribute additional voluntary funds to that end.”2 Their members are not elected by the people, although the institutions are accountable to the Parliaments. In many countries, the public, United Nations Country Teams (UNCTs), public opinion, the media and even the NHRI staff themselves may find it difficult or challenging to define and explain the status of these institutions.3 QUESTIONS FACING UNCT’S IN SUPPORTING NHRIS 11 What are good and proven strategies for supporting NHRIs in-country? 11 How can the UNCT assess the capacity of an NHRI, notably as regards its core protection mandate and complaints handling process? 11 How can NHRIs use human rights-based approaches to support development and democratic governance? 11 What are the basic guidance and process steps that UNCTs need to know as they work with NHRIs? 11 How can NHRI’s be supported in providing policy advice and assistance to governments, including ratification of instruments, removing reservations, etc? 11 What are the entry points and supports for UNCTs? UNCTs, whose primary working partner is the State itself, need to understand these institutions and should support their work when needed. UNCTs are frequently called on to support and strengthen NHRIs, on the one hand, while carrying out broader governance and justice programmes in partnership with national authorities, on the other. “Strengthening of the United Nations: An Agenda for Further Change, “UN Doc A/57/387, 09 September 2002. 1 Annual Report of the United Nations High Commissioner For Human Rights and Reports of the Office of the High Commissioner and The Secretary-General “National Institutions for the Promotion and Protection of Human Rights”. Report of the Secretary-General. A/HRC/10/54. 26 January 2009. Advance Edited Version, at para. 92. 2 Adapted from Carver and Korotaev, “Assessing The Effectiveness of National Human Rights Institutions” 2007. Study Commissioned by the UNDP Regional Centre in Bratislava. 3 vi