B. R elationship to parliament 1. Reporting to parliament Many institutions report directly to the legislature or parliament. This is considered a positive practice since it enhances the independence of the NHRI and ensures that its recommendations, advice and reports receive a hearing in the country’s representative and elected body. Since parliament is responsible to the people, reporting directly to parliament also underpins the notion that an NHRI is ultimately responsible to the public. Some institutions report to ministers or departments, which is less desirable, though common. In a parliamentary system of government, parliament usually has the responsibility for budgets. National human rights institutions must be transparent in their dealings with parliament: this means being ready and able to defend their requests. Independence cannot shield an institution from this oversight, nor should it. 2. Principles that apply to parliament The 2004 Abuja Guidelines are a useful source of information on the relationship with parliament in parliamentary democracies. For instance, NHRIs should: ü Provide parliamentarians with regular expert, independent advice on national, regional and international human rights issues; ü Provide ongoing training for parliamentarians on human rights; ü Advise parliamentarians on the human rights implications of all proposed legislation and constitutional amendments as well as existing laws; and ü Advise parliaments on the creation of parliamentary human rights committees. UNDP, “Primer on parliaments and human rights”,available from http://hrbaportal.org/. 3. Advice to parliament This issue is covered in chapter VI. Generally, however, it should be reiterated that an NHRI can be an important and useful ally for the Government when it wants to change a law, policy or practice, or when the NHRI is to assume new responsibilities. Institutions should therefore develop relations with parliament, parliamentary bodies and parliamentarians so that they have the opportunity to influence policy and programme decisions. Regularly appearing before standing parliamentary committees, or their equivalent, to present a human rights analysis of governmental proposals is one important way of ensuring that human rights issues are heard. It will also ensure that such committees come to understand that a human rights analysis should be part of all parliamentary decision-making. 4. The need to be non-partisan National human rights institutions must remain non-partisan. In dealing with parliament, therefore, they should seek to develop relationships with all political parties or factions. While an NHRI may have a view on what constitutes good social policy in human rights terms, it should be careful to remain above partisan politics. This is important for the institution’s independence and credibility; it also reinforces the fact that an institution is a creation of parliament and not that of a particular political party. It is especially important to maintain political neutrality during electoral processes. This does, 130

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