A. W hat is a national human rights institution ? National human rights institutions are State bodies with a constitutional and/or legislative mandate to protect and promote human rights. They are part of the State apparatus and are funded by the State. National human rights institutions—at least those that are in compliance with the Paris Principles—are the cornerstone of national human rights protection systems and, increasingly, serve as relay mechanisms between international human rights norms and the State.16 National human rights institutions are unique and do not resemble other parts of government: they are not under the direct authority of the executive, legislature or judiciary although they are, as a rule, accountable to the legislature either directly or indirectly. They are at arm’s length from the Government and yet funded exclusively or primarily by the Government. Their members are not elected, although they are sometimes appointed by elected representatives. The classification of an NHRI as a public body has important implications for the regulation of its accountability, funding and reporting arrangements. If the administration and expenditure of public funds by an NHRI is regulated by the Government, such regulation must not compromise its ability to perform its role independently and effectively.17 National human rights institutions are not NGOs. National human rights institutions have a statutory legal basis and particular legal responsibilities as part of the State apparatus. The differences between NGOs and NHRIs are perhaps most pronounced with regard to the investigation of complaints. National human rights institutions are neutral fact finders, not advocates for one side or another. An NHRI must be, and be seen to be, independent of the NGO sector, just as it must be independent of the Government. In investigation, an NHRI may operate within a legally defined framework and must comply with the general principles of justice and the rule of law. National human rights institutions are not only central elements of a strong national human rights system: they also “bridge” civil society and Governments; they link the responsibilities of the State to the rights of citizens and they connect national laws to regional and international human rights systems. At the same time, NHRIs often find themselves criticizing the actions of the very Governments that created and fund them, which is not surprising since States are frequently the targets of human rights complaints. 1. Enabling laws National human rights institutions are part of the State structure and are creatures of law: they depend on a statutory basis for their existence and their actions. The Paris Principles require NHRIs to have a constitutional or legislative basis, or both. Executive instruments do not quality.18 2. Naming national human rights institutions There is no standard nomenclature for NHRIs, just as there is no standard model. National human rights institutions have different names, depending on the region, legal tradition and common usage, for instance: See, generally, Morten Kjærum, “What is a national human rights institution?”, available from www. humanrights.dk/about+us/what+is+a+nhri (accessed 6 October 2010). 17 See also International Coordinating Committee’s Sub-Committee on Accreditation, general observations, para. 2.10 (annex IV below). 18 Ibid., para. 1.1. 16 13