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
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