CHAPTER 2: MODELS OF NHRIS
Plurality helps ensure the credibility of the organisation,
but it has implications for the speed of decision-making
and for cost.
The fact that human rights commissions usually – but not
always - have the mandate to investigate human rights
complaints presents both benefits and difficulties. It benefits individuals who suffer human rights abuses who
may be unable to access other venues or achieve redress.
Commissions fill this void. This is especially true for commissions with the power to make or seek enforceable
orders. The investigation function, therefore, can enhance
the public’s confidence in the NHRI and shore up its credibility. Investigations can serve other purposes as well:
information acquired through the investigation process
and the examination of complaints trends can inform programming in other areas, for example, public education.
At the same time, the sheer demands of investigation can
be overwhelming. Backlogs in complaints handling are not
uncommon, and where they grow large can undermine
the institution’s ability to devote resources to other programme areas or to deal with systemic issues. Ultimately,
large backlogs and delays can lead to a total loss of credibility for the institution since investigation timelines will
become unreasonable. Even if the institution manages to
contain the volume of complaints, its credibility, in large
part, will come from success in providing remedy, not
with the speed at which it investigates matters.
If a commission with recommendatory powers only
cannot find ways to ensure that its recommendations are
accepted and acted on, they, rather than the State, might
be seen as weak and ineffective.
While the power to investigate brings benefits,
commissions whose decisions or investigations are subject to judicial review tend to be very cautious and careful
in investigations, which can lead to delays and overly
formalistic approaches: this undermines the relative
advantages that the Commission is supposed to offer. It is
also true that the costs of Commissions with this authority
may also be quite high, especially if they offer free legal
services to complainants in cases that go to court or a
specialised tribunal.
A number of human rights commissions have mandates
that focus on equality rights and anti-discrimination, with
the power to accept complaints only in the area of equality
and discrimination law. Examples of this are found in
many Commonwealth countries, including the U.K., North
America (Canada and the U.S.), Australia and New Zealand.
In most cases, however, the promotional aspect of the
mandates of such NHRIs is not restricted in the same way.
Some examples of “A” status institutions with an equality
and anti-discrimination mandate are:
Australia
Human Rights and Equal
Opportunity Commission
A
Canada
Canadian Human
Rights Commission
A
New Zealand
Human Rights
Commission
A
Many more human rights commissions can investigate a
wider group of issues and, in some instances, investigate
individual complaints, across the full range of human
rights recognised by the State.
Examples include:
India
National Human
Rights Commission
A
Indonesia
National Commission
for Human Rights
A
Malawi
Malawi Human
Rights Commission
A
Rwanda
National Commission
for Human Rights
A
South Africa
South African Human
Rights Commission
A
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