B. R esponsibilities
of those receiving the advice
The authority to advise imposes an obligation on the receiving entity to consider such
advice in a meaningful way. The Sub-Committee on Accreditation has noted that this
means that NHRI recommendations contained in annual, special or thematic human
rights reports should normally be discussed within a reasonable amount of time, not
to exceed six months, by the relevant government ministries as well as the competent
parliamentary committees. These discussions should be held especially in order to determine the necessary follow-up action, as appropriate in any given situation.58
This process should be transparent, visible and consultative. The founding legislation
may, for example, require the Government to present recommendations in parliament
for debate along with its proposed response to a report or other document. Individual
departments or ministries may be obliged to respond in writing, setting out what they
are doing in response to the recommendations and explaining why a particular recommendation is not being followed. Governments should be aware that ignoring an
institution’s recommendations may lead the general public and, where appropriate,
international treaty bodies to question their willingness to promote human rights nationally.
General observations, para. 1.6.
58
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