Decentralizing may apply to the full range of services and, while this is arguably the most
effective approach, it does create management challenges and can be expensive. Some
institutions choose other approaches, like setting up smaller local offices that act as a
“post office”. In this scenario, the local office does not offer services directly—this is still
done through headquarters—but it does assist by receiving complaints, for example, or
obtaining information at the request of headquarters investigators. Alternatively, the
local office might carry out some services. Another option is for the institution to set
up itinerant offices which headquarters staff visit at regular intervals to provide a local
service.
Freedom to consult. The Paris Principles impose an obligation on institutions to consult
with other organizations that promote and protect human rights, in particular “ombudsmen, mediators and similar institutions”. Ombudsmen and mediators, in particular,
share a responsibility that is closely associated with that of an NHRI, and they usually
enjoy an equivalent status as an independent body. (In fact, a number of members of
the International Network of NHRIs are also members of the International Ombudsman
Institute.) It is particularly important that institutions that share human rights responsibilities should develop mechanisms to coordinate their activities to promote easy access
for the public, to ensure that work is not duplicated and to prevent working towards
different ends.
The Paris Principles also require NHRIs to “develop relations with the non-governmental
organizations devoted to promoting and protecting human rights”. It should also be
noted that they indicate that an institution’s pluralism and composition should serve to
“enable effective cooperation” with the social forces “involved in the promotion and
protection of human rights”.
Reporting and accountability. National human rights institutions have two levels
of accountability, one to the State and one to the public. Being accountable to the
public also strengthens their independence. National human rights institutions can
submit reports to the Government, parliament or any other competent bodies. The
Paris Principles also require NHRIs “to publicize human rights… [and increase]… public
awareness… by making use of all press organs”. The “methods of operation” section
of the Paris Principles provides that institutions must address public opinion, either
directly or through the media, especially to publicize their opinions or recommendations.
Most institutions discharge their reporting and accountability responsibilities to the
State by preparing and presenting annual reports and special reports to the appropriate State authority. Financial accountability is generally addressed through a financial
statement in the context of the annual report. If the NHRI reports to parliament, it will
present its annual report directly to it. The reporting obligations imposed on an institution should be set out in its founding law and should specify the frequency of reports,
the possibility of submitting ad hoc, special reports, the issues to be reported on and
the procedure for examining reports.
The Paris Principles require that the methods an institution uses to report to the State
should not impede independence. For example, they repeatedly state or imply that
recommendations, advice and/or opinions can be made without pre-approval. Similarly,
they indicate that an institution is free to use the media to inform the public of its opinions without requiring prior approval.
Nevertheless, an institution is obliged to be rigorous in its own fact-gathering and analysis when forming a recommendation, opinion or report. Ultimately, its credibility will be
assessed by the quality and pertinence of its recommendations and opinions. If these
are too often ill-founded or flawed, the institution will find that all sides easily dismiss
them and its subsequent recommendations will not be taken seriously.
36
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