CHAPTER 3: ROLES AND RESPONSIBILITIES OF NHRIS Understanding how a TA project can be developed requires a basic understanding of complaints management. Many NHRIs break down their roles in this area into three basic stages: Intake and early resolution: 11 Triage or screening to eliminate non-meritorious cases, and to ensure that priority cases and emergencies receive appropriate handling; 11 Early information and counselling, for all parties, to convey information about rights and obligations; 11 Early ADR / mediation services to create a structured alternative dispute resolution system, resolving as many cases as possible at the outset. Some commissions also offer conciliation. Complaint investigation: 11 Strategic and systemic case management strategies; 11 Investigating complaints and reporting findings; 11 Developing, evaluating and discussing options available to affected individuals, including recourse to international procedures that have no exhaustion of domestic remedies requirements, such as special procedures; 11 Making decisions on cases. Publishing recommendations and seeking remedies: 11 Disseminating case reports, investigation results and recommendations; 11 Seeking to enforce a decision, or seeking remedies through the courts, where the legislation permits; 11 Supporting communications to Treaty Bodies and/ or to regional bodies to seek remedies for cases that have exhausted internal remedies at the national level. Some NHRIs have standing to appear before regional bodies such as human rights courts. 3.1.2 Monitoring “Monitoring” is the collection, verification and use of information to address human rights issues. Human rights monitoring includes gathering information about incidents, observing events (elections, trials, demonstrations, etc.), visiting sites such as places of detention and refugee camps, discussions with national authorities to obtain information and to pursue remedies and other immediate follow-up. Monitoring is important because it provides concrete evidence of what is occurring. Monitoring also provides periodic and regularly-collected data, sheds light on trends, signals progress or deterioration, and suggests areas for priority action. In addition, monitoring generally extends over a period of time. Extensive details about how to conduct human rights monitoring can be found in a number of sources, including: Professional Training Series No. 7 “Training Manual on Human Rights Monitoring” (United Nations, New York). 2001. OHCHR. http://www.ohchr.org/Documents/ Publications/training7Introen.pdf Virtually all NHRIs monitor human rights, either generally, or with regard to selected issues, or both. Some have programmes to monitor the situation of specific groups. A systematic approach to the monitoring role is especially important for places of detention. SEE CHAPTER 4 WITH REGARD TO MONITORING IN THE CORE PROTECTION CONTEXT. Since UNCT’s rarely have a human rights monitoring role themselves, even though some of the UN organizations constituting the UNCT may, it is essential to support NHRIs in developing a strong capacity to monitor: >> Example: Monitoring by the South African Human Rights Commission (SAHRC) The Constitution authorizes the SAHRC to monitor the social and economic rights guaranteed under the constitutional framework. The SAHRC has established systems for reporting that allow the collection of data from certain governmental organs and has used this data to identify and publish an inventory of state obligations. Sample reports include: “Report on the Public Hearing on Housing, Evictions, and Repossessions” (2008); “Human Rights Development Report” (2008) and regular reports on the entire range of ESC rights.2 3.1.3 Public Inquiries Many NHRIs undertake public inquiries into human rights situations or issues on their own initiative. Public inquiries permit examination of systemic or general human rights http://www.sahrc.org.za/sahrc_cms/publish/cat_index_41.shtml Accessed August 1 2009. 2 33