B. R elationship
to parliament
1. Reporting to parliament
Many institutions report directly to the legislature or parliament. This is considered a
positive practice since it enhances the independence of the NHRI and ensures that its
recommendations, advice and reports receive a hearing in the country’s representative
and elected body. Since parliament is responsible to the people, reporting directly to
parliament also underpins the notion that an NHRI is ultimately responsible to the public. Some institutions report to ministers or departments, which is less desirable, though
common.
In a parliamentary system of government, parliament usually has the responsibility for
budgets. National human rights institutions must be transparent in their dealings with
parliament: this means being ready and able to defend their requests. Independence
cannot shield an institution from this oversight, nor should it.
2. Principles that apply to parliament
The 2004 Abuja Guidelines are a useful source of information on the relationship with
parliament in parliamentary democracies. For instance, NHRIs should:
ü Provide parliamentarians with regular expert, independent advice on
national, regional and international human rights issues;
ü Provide ongoing training for parliamentarians on human rights;
ü Advise parliamentarians on the human rights implications of all proposed
legislation and constitutional amendments as well as existing laws; and
ü Advise parliaments on the creation of parliamentary human rights
committees.
UNDP, “Primer on parliaments and human rights”,available from http://hrbaportal.org/.
3. Advice to parliament
This issue is covered in chapter VI. Generally, however, it should be reiterated that
an NHRI can be an important and useful ally for the Government when it wants to
change a law, policy or practice, or when the NHRI is to assume new responsibilities.
Institutions should therefore develop relations with parliament, parliamentary bodies
and parliamentarians so that they have the opportunity to influence policy and programme decisions. Regularly appearing before standing parliamentary committees, or
their equivalent, to present a human rights analysis of governmental proposals is one
important way of ensuring that human rights issues are heard. It will also ensure that
such committees come to understand that a human rights analysis should be part of all
parliamentary decision-making.
4. The need to be non-partisan
National human rights institutions must remain non-partisan. In dealing with parliament, therefore, they should seek to develop relationships with all political parties or
factions. While an NHRI may have a view on what constitutes good social policy in
human rights terms, it should be careful to remain above partisan politics. This is important for the institution’s independence and credibility; it also reinforces the fact that
an institution is a creation of parliament and not that of a particular political party. It is
especially important to maintain political neutrality during electoral processes. This does,
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