While pluralism is best demonstrated when an institution’s membership visibly reflects the social forces at play in the State, this does not mean that all groups must be represented at any one time, but it should mean that, over time, groups feel that they are included. Remember: – Pluralism is easiest to achieve if an institution has a number of members; – Institutions that have only one head or senior member, or very few members, can achieve pluralism through the use of advisory councils or an equivalent mechanism; – Women are always represented within the membership of an institution, including in senior positions; – Where the structure of the organization provides for only one member, consideration should be given to appointing women on an alternating basis; – In all circumstances, NHRIs should collaborate and cooperate with other stakeholders, and doing so is itself a test of their commitment to pluralism. Pluralism and staff composition. Pluralism and diversity will be enhanced if staff composition also reflects societal realities. This means that diversity is reflected across all parts of the organization and all levels of seniority. Diversity is not achieved, for example, if women hold 50 per cent of jobs but these are all at the secretarial and support level. Pluralism at the staff level can serve to strengthen the visibility of an institution’s commitment to full participation, as well as positively influence programme credibility and effectiveness. Such diversity is not formally part of the Paris Principles, but can make an institution’s commitment to it more visible. It should be noted that the Sub-Committee, in its general observations (para. 2.4), places limits on the extent of secondments that are possible from the Government to the NHRI. 3. Autonomy and independence The Paris Principles require NHRIs to have sufficient funding to have their own premises and staff “in order to be independent of the Government”. Independence is perhaps the most important principle: it is also arguably the most difficult and controversial. True independence is fundamental to the success of an institution. An institution that cannot operate independently cannot be effective. It does not matter how well an institution measures up against other aspects of the Paris Principles. If it is not independent, or is not seen to be independent, it is highly unlikely that it will be able to achieve much of lasting worth. Several elements are involved: ■■ The mandate of members should be established by “an official act which shall establish the specific duration of the mandate” since a stable mandate is a precondition for independence; ■■ Membership should be renewable, subject to the need for pluralism; ■■ Many of the principles set out under “methods of operation”, which are discussed later in this chapter, serve to reinforce independence. The very fact that an NHRI is a State body funded by the State raises difficulties. Some may ask how such an institution can ever be independent and this question is especially relevant in countries where the Government is not entirely human rights-friendly. The most direct answer is that the Government also funds other important independent institutions, most notably the courts and auditors general. The fact that this is so does not in itself mean that courts can never be independent. Experience shows that courts, by and large, can and do act with independence of the Government of the day. 39