I. BENCHMARKS
This chapter proposes some benchmarks that national institutions might use to
evaluate their own suitability in carrying out their mandated activities effectively.
They set out minimum conditions that should normally be in place if NHRIs are
to achieve their overall goal – which is to protect and promote human rights –
and specific objectives. They also reflect the minimum standards set out in the
Paris Principles.
These benchmarks draw on the characteristics deemed necessary for a
national institution to be effective as outlined in the previous chapter and in the
Paris Principles. As already noted, the latter do not guarantee effectiveness.
They are also sometimes criticised for being too broad and for giving too little
guidance about what NHRIs need to be and to do. The benchmarks developed
in this chapter are therefore intended to fill in some of this detail.
Before proceeding, it is important to bear in mind several qualifications.
First, these benchmarks are derived from actual “best practices” of national
human rights institutions, based on the questionnaire sent out for this report as
well as other studies.
Secondly, not all benchmarks will apply to all NHRIs. For example, those that
deal with handling individual complaints will obviously apply only to national
institutions that receive such complaints.
Thirdly, in line with the distinction we made between benchmarks and indicators,
the standards outlined in this chapter evaluate the characteristics or attributes
of NHRIs and do not measure performance. Benchmarks do not indicate how
well an institution performs. They set out the minimum conditions under which a
national institution can be expected to fulfil its mandate effectively.
The following list is intended for national institutions and those responsible
for devising or reviewing the legal framework in which they operate. It is not
intended to be prescriptive. NHRIs will select benchmarks that are appropriate
for their situation.
Of course, many of the matters to which benchmarks refer are not within a
national institution’s control. It may operate, for example, under a narrow
mandate and with inadequate powers. In such cases, the NHRI cannot be
blamed for failure to attain the benchmarks concerned – though NHRIs should
be ready to point out inadequacies and shortcomings, particularly in their
organic laws, and advocate for their revision.
The list of benchmarks is divided into those that concern (1) the character of the
institution, (2) its mandate, and (3) its accountability.
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