■■
The removal of commissioners,
all of which would undermine their ability to function effectively.
In the NHRI context, “early warning” means that there is a threat to its viability based
on good field intelligence. It is possible that outsiders may be aware of potential
problems before the institution itself.
Sometimes, “early warning” will involve actions that the Government is contemplating,
such as:
■■
Suggesting that the enabling legislation should be amended in a way that might
impact on a national institution’s compliance with the Paris Principles;
■■
Suggesting that the nominating process for commissioners should be less transparent or should otherwise be carried out in ways that might lead to suspicions about
their independence (it is possible that these concerns come to light during the
nomination process itself);
■■
Suggesting that commissioners or key officials should be removed from the institution because of actions taken that might be viewed as contrary to Government
policy.
The International Coordinating Committee has developed guidelines on the action it
should take in the event of such threats to remove them.47 The early warning mechanism can, therefore, be seen as a step to prevent “changed circumstances” that might
lead to a review of accreditation.
7. A checklist for assessing compliance with the Paris Principles
The following checklist may be helpful in assessing an institution’s compliance with the
Paris Principles. It identifies the Paris Principles and the minimum requirements to satisfy
them. If the principle or requirement, or any part of it, is not directly taken from the
Paris Principles, it is italicized.
Compliance cannot be assessed by a simple “yes” or “no” response. The principle
requiring an institution to have “a broad mandate” is one such example. The checklist
attempts to develop a hierarchy of possibilities in such cases so that the degree to which
an institution meets the standard can be assessed, which in no way implies that a relatively low degree of compliance will be non-conforming.
This checklist is not exhaustive: an examination of an institution’s responsibilities should
not end with whether it can carry out a given function. Much more important than the
capacity to do something is actually carrying out the work in a way that demonstrates
the institution’s fundamental independence and professional competence. The checklist
includes activities that are central to its responsibilities. For the same reason, the responsibilities of NHRIs with quasi-jurisdictional competence are formulated to ask whether
these institutions actually carry out the activities as opposed to whether they have the
authority to do so.
47
“National institutions in need: guidelines for early warning”, available from www.nhri.net.
49
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