The power to make recommendations Institutions with the power only to make recommendations will address these to the appropriate authority. Such recommendations are, of course, not binding. The authorities receiving them may choose to accept or reject them. As discussed in chapter VI, the authority receiving the advice may be required in law to respond formally to the recommendations. Moreover, an institution can publicly report on the degree to which its recommendations have been implemented through its annual report or other channels. The power to make referrals An NHRI may be empowered to re­fer a case which it has investigated to another agency, including to the relevant ministry, to another government agency or a tribunal established for that purpose, to parliament, to the judiciary, or to the prosecuting authorities. Generally, a referral will be made, if, for example: ■■ A recommendation or decision is not acted on; ■■ A settlement of the case cannot be secured; ■■ The terms of an agreed settlement have not been met; ■■ The institution believes that obstruction and/or lack of cooperation makes investi gation impossible; ■■ The investigation reveals the reasonable likelihood that a criminal act or disciplinary offence under law has been committed which warrants intervention by the prosecut ing authorities; or ■■ The investigation reveals that another body or agency may more appropriately deal with the matter. An institution may nevertheless retain some responsibility for the case. If a case is referred to a court or tribunal, for example, the institution should be able to appear before it. In other cases, the institution may wish to monitor the situation to ensure that the matter raised in the complaint is ultimately dealt with fully and appropriately. Guidelines and procedures should be in place to set out the institution’s obligations, duties and authority when it refers a matter elsewhere. Power to make enforceable orders National human rights institutions may be granted the power to make legally enforceable orders and binding decisions. Such power will generally permit the institution to seize a higher body (e.g., a tribunal, court or prosecutor’s office) of its decision if a party refuses to comply with it within a given time. Even if the actual enforcement procedure is entrusted to another body, the power to make enforceable orders will benefit the NHRI by considerably strengthening its authority with regard to complaints of human rights violations. Publicizing decisions The Paris Principles give an NHRI full authority to freely publicize its recommendations and decisions. This is not, strictly speaking, a remedial power, and competence in this respect should generally co-exist with other mechanisms for remedy and redress. Nevertheless, the ability for an NHRI to make its findings public is an essential prerequisite for establishing the credibility of a complaints mechanism and ensuring maximum effectiveness within the limits of its prescribed powers. 91