A. T he P aris P rinciples The Principles relating to the status of national institutions (the Paris Principles) were adopted by NHRIs in 1991. They provide benchmarks against which proposed, new and existing NHRIs can be assessed or “accredited” by the International Coordinating Committee’s Sub-Committee on Accreditation. Gaps or shortcomings identified during the accreditation process can serve as a road map or template to improve NHRIs. The Paris Principles are standards that all NHRIs should meet and also contain additional principles that apply only to institutions with “quasi-jurisdictional” competence. Under the Paris Principles, NHRIs are required to: ■■ ■■ Protect human rights, including by receiving, investigating and resolving complaints, mediating conflicts and monitoring activities; and Promote human rights, through education, outreach, the media, publications, training and capacity-building, as well as by advising and assisting Governments.41 The additional principles that apply only to institutions with “quasi-jurisdictional” competence are discussed later on. The Paris Principles set out what a fully functioning NHRI is and identify six main criteria that these institutions should meet to be successful: ■■ Mandate and competence: a broad mandate based on universal human rights standards; ■■ Autonomy from Government; ■■ Independence guaranteed by statute or constitution; ■■ Pluralism, including through membership and/or effective cooperation; ■■ Adequate resources; ■■ Adequate powers of investigation. This chapter outlines all the requirements set out in the Paris Principles with regard to each principle and then discusses why the standard is important and, where relevant, how it may be achieved. A compliance checklist is provided at the end of the chapter. 1. Mandate and competence The Paris Principles provide that “a national institution shall be given as broad a mandate as possible, which shall be clearly set forth in a constitutional or legislative text, specifying its composition and its sphere of competence.” Competence to “promote and protect” If human rights are to be fully secured, comprehensive action is needed both to promote and to protect them. Institutions whose mandates are limited to one or the other do not comply. This recognizes that promotion is needed to change attitudes and behaviours. Finally, this inclusive approach to human rights underscores the universal and interdependent nature of human rights, a factor that is linked to the broadness of the NHRI mandate. As broad a mandate as possible The requirement that an NHRI should have “as broad a mandate as possible” reflects the diversity of institutional models that exist. See also Sub-Committee on Accreditation, general observations, para. 1.2. 41 31