CHAPTER 1: INTRODUCING NATIONAL HUMAN RIGHTS INSTITUTIONS 1.2 NHRIs in Context 1.2.1 The Emergence of NHRIs At the national level, many actors and stakeholders share responsibility for promoting and protecting human rights: NHRIs can only be understood in this larger context. In many countries, NHRIs have worked for decades, operating under national laws that were inspired or influenced by international human rights law. In the last fifteen years, however, the number of NHRIs has surged around the world, largely as a result of the United Nations’ push to support these institutions “on the ground.” In particular, as shown by Figure 1: Year of NHRI Establishment the responses showed that the number of NHRIs began to grow in the Americas in the early 1990s, in Africa in the mid-1990s and in the Asia Pacific in the late 1990s, while Europe has seen a steady growth since the mid 1990s.1 First, it is States who bear the primary responsibility for respecting, protecting and fulfilling human rights. The Government, Parliament, the Judiciary and other bodies enact laws, set policy frameworks, take judicial decisions and monitor the impact of their policies and programmes. As well, the judiciary has a very important role, enforcing the rule of law, controlling the constitutionality of the acts of government and of Parliament, and applying a human rights lens generally to their work. The police and other bodies enforce the law and are of course required to comply with human rights standards. Civil society plays a central role, whether through the dedicated work of NGOs at the grassroots level, or through religious institutions, community service organizations, professional groups or associations and trade unions. The media bring human rights issues and concerns to the attention of the broader public and provide a forum for discussion and debate. The education system ensures that students at all levels are exposed to human rights through awareness raising, sensitisation and courses. Business (the private sector) plays an increasingly important role as well. In the midst of all these actors, NHRIs are unique: they exist in a dynamic position between States, civil society and other actors, offering a neutral and objective space in which to interact, develop human rights laws and policy, and exchange ideas. NHRIs use their expertise and on-theground experience as a basis for promoting and protecting human rights. They conduct public education, use media to build or strengthen a national culture of human rights and provide a focal point for human rights in the country. These efforts educate and inform, but they also serve to prevent abuses from occurring in the first instance. NHRIs bring a human rights-based approach to the activities of government, so that development and economic issues are analysed through the lens of human rights principles, standards and corresponding obligations. More detail on the relationship between human rights based approaches and the role of NHRIs in the development context is discussed in Chapter 5. FIGURE 1: YEAR OF NHRI ESTABLISHMENT 12 10 8 6 Africa Americas Asia Pacific Europe 4 2 0 1970-79 1980-89 1990-99 2000-09 Source: OHCHR, Survey of National Human Rights Institutions. 2009. See note 1. www.nhri.net 1.2.2 Democratic governance and a human rights framework The central responsibility to protect human rights rests with the States which have broad obligations under international human rights law, namely to respect, protect and fulfil human rights. In order for these obligations to be met at the national level, States are required to take “all appropriate steps”, including legislative and institutional steps, to ensure rights are realised at the State level. Establishing NHRIs is an important way of doing this because NHRIs link international human rights to the domestic or national human rights framework. OHCHR, Survey of National Human Rights Institutions: Report on the Findings and Recommendations of a Questionnaire Addressed to NHRIs Worldwide. 2009. www.nhri.net 1 3