C. Using indicators to measure impact
Though somewhat artificial, it is vital to distinguish between the performance of
an institution and its impact. There is clearly some overlap between an institution’s
efficiency and its impact. However, performance indicators measure whether
the institution has actually achieved what it set out to do; impact indicators
assess whether those activities effectively changed the human rights situation.
An NHRI is only one influence – and usually a relatively minor one – on the human rights environment. The institution’s impact must therefore be evaluated
against what is feasible. NHRIs usually have little control over their legal powers
or the extent of their material and human resources. They are rarely in a position
to influence large trends in society. This is not to minimise their importance, but
merely to be realistic about what NHRIs can be expected to achieve.
Very often, the conclusion might be that an NHRI has performed reasonably
well but had little positive effect on the overall human rights situation. That
conclusion itself needs to be analysed. Did it choose the wrong priorities
although its activities were well executed? Were the activities it performed not
relevant in the end to the issue they were expected to address? Was the NHRI
simply not powerful enough? Or were other factors responsible?
Legal advice to government
The activity – NHRIs are usually mandated to review proposed legislation as
a matter of course and audit existing laws to see how well they conform to the
country’s international human rights obligations. When proposed or existing
laws conflict with human rights standards – or can be improved in other
ways – the NHRI so advises the executive and Parliament accordingly.
Indicators of output – The institution will need to determine that it has
analysed and commented on relevant laws. If reviewing existing laws, it
will need to create a timetable and measure whether it is reaching targets
in relation to it.
Indicators of performance – Using performance indicators, the NHRI will
then, among other things, assess whether it met these targets on time. In
addition, it might introduce more qualitative tests. Was the legal review
carried out thoroughly? Were all important human rights issues identified
and commented upon? Members of the executive and Parliament might
also be asked whether the NHRI’s comments were understandable and
relevant, in substance and format.
Indicators of impact – An immediate measure of impact will be whether
government or legislators followed the advice given. How often was advice
adopted, ignored or rejected? Again, however, some additional qualitative
tests might be required. Did the government take the national institution’s
advice on small points, while pressing ahead with a proposal that seriously
breached human rights commitments? Did the implementation of the advice
given by the NHRI result in a positive change in the enjoyment of human
rights on the ground?
34 Assessing the Effectiveness of National Human Rights Institutions
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