CHAPTER 2: MODELS OF NHRIS TOOLS IN THIS CHAPTER Figure 1: Names of NHRIs, Annex 1: Comparison of Models, 29-30 ANNEX 1: COMPARISON OF MODELS 21 Figure 2: Institutional Type, 22 presented above. Because the analysis presented here is of necessity broad, it will not apply as a yardstick for a specific institution. N.B. The following table is intended to provide guidance on the broad categories of models discussed here and is not an evaluative tool. Rather, it sets out typical characteristics, strengths and weaknesses of the models TYPE OR MODEL 1. HUMAN RIGHTS COMMISSIONS CHARACTERISTICS Concentrated in Africa, AsiaPacific and Commonwealth countries with common law traditions. Plurality of members who may be full or part-time. Members make decisions. Usually focus on investigations, and often can receive individual complaints. Relatively large professional staff. Some have authority to make or seek enforceable orders through tribunals or courts. POTENTIAL STRENGTHS Plurality enhances credibility. Advisory function strengthened by investigation mandate. For commissions with power to enforce orders, can effect change directly and provide remedy to victims either themselves or through the courts. Allows complainants free access to court/specialised tribunal, with legal representation.9 POTENTIAL CHALLENGES Need to address individual case load may lead to less time to devote to other programme areas. Can be costly to operate, especially if the commission provides free legal services to clients before the courts or specialised tribunal. Investigation processes may become rigid and lengthy given that decisions may be brought to court or specialised tribunal. Backlogs of cases are common. Quasi-jurisdictional commissions in countries with a weak judiciary may have difficulty enforcing their orders. Not all commissions of this type necessarily provide legal representation in all cases when a case goes to the courts or a tribunal. This advantage only applies to those that do this unless there is a legal aid system in place that can assist clients not assisted by the commission. 9 29