their ­ official capacity. This protection is similar to the one granted to judges under most systems and is an essential guarantee of independence. It protects members against individual lawsuits from anyone who objects to an ­institution’s decision. This said, immunity should not cover cases where members abuse their official function or act in bad faith. The authority to which the NHRI is ­accountable (for example, Parliament) should have power to lift immunity in welldefined circumstances in accordance with fair and transparent ­procedures. Co-operation with international institutions – National institutions are ­increasingly seen to be an international network of bodies that safeguard and monitor human rights standards. Their participation in regional and international co-­ordination bodies reinforces their independence and effectiveness. Financial independence – Financial autonomy guarantees the overall freedom of NHRIs to determine their priorities and activities. Public funds should be provided through a mechanism that is not under direct government control, such as a vote in Parliament. In particular, a line in the public budget should specify the allocation made to the national institution. NHRIs should also be free to raise funds from other sources, such as private or foreign donor agencies. Such funds should not disqualify the institution from receiving public funds; on the contrary, governments that create such institutions have a responsibility to fund them. NHRIs should be entitled to determine their own spending within the ­ allocated budget. Financial probity should be ensured by regular public ­financial reporting and a regular (preferably annual) independent audit. Adequate resources and staff – NHRIs should receive adequate public funding to perform their mandated activities and to employ the skilled staff they need to maintain their offices in the country. Authority to hire staff – The institution should have authority to appoint staff, determine the skills and human rights expertise that is required, set criteria on diversity and determine the conditions of service for staff in accordance with national legislation. Staff should not automatically be seconded or re-deployed from branches of the public service. B. Established by law/Constitution Whatever their type, NHRIs should be established by law; preferably their existence should be entrenched in the Constitution, thus ensuring their longterm ­existence. This statutory basis is the most secure way to guarantee the ­institution’s independence, as well as defend its legal powers if these are ­challenged. Popular legitimacy partly derives from the instrument that grants a national ­institution its legal status. In South Africa, for example, the legitimacy of the Human Rights Commission is notably due to its recognition within the country’s first democratic Constitution. Even those who are critical of its performance believe the Commission has public legitimacy for this reason. Effective jurisdiction in federal states – National institutions should have ­effective jurisdiction over the entire national territory. Where part of this jurisdiction is Assessing the Effectiveness of National Human Rights Institutions 13