Nevertheless, independence is a relative concept. An institution is by definition established by the State and is mandated through a constitutional provision or legislation. That founding legislation will define its operational parameters and its reporting relationship to the State, and it may impose limits on the degree of independence enjoyed by the institution. For this reason, independence must be considered in the light of a number of structural and procedural factors that should be in place to ensure a high degree of operational independence for an institution. These are discussed in the following paragraphs. In the final analysis, however, while these factors are fundamental, the key to, and proof of, independence lie in the institution’s actions and its members’ commitment. Whatever structural guarantees exist, an institution will quickly become known, both nationally and internationally, for what it does. Legal autonomy The constitutional provision or law that establishes an institution should give it a distinct legal personality to allow it to make decisions independently and act independently. An institution that is a department of a government ministry, for example, is not independent. Institutions that report to or through a ministry are in a less independent position than those reporting directly to parliament or to the Head of State. Operational autonomy Institutions should have the ability to conduct day-to-day affairs independently of any outside influence. This means that they have the power to draft their own rules of procedure, which cannot be modified by an external authority. An institution’s recommendations, reports or decisions should not be subject to an external authority’s approval or require its prior review. The same applies to programme activities. All NHRI staff should ultimately report to and be accountable to the head of the NHRI, although day-to-day responsibilities may be delegated. It should not be possible for senior staff to be appointed or dismissed except by a decision of the head, preferably in consultation with all members. Doing otherwise would seriously compromise the independence of the institution. The Paris Principles state that an institution should have the right to hear any person and obtain any information necessary for an examination it is undertaking. The founding or enabling law should provide the legal authority for this. In fact, this legal authority is a prerequisite for institutions with the power to investigate. (This issue is examined in greater detail in chapter V.) Financial autonomy The Paris Principles require the State to ensure that an institution has the resources to have its own staff and premises. Financial autonomy is crucial. An institution with no control over its finances or how they may be used cannot be independent. The SubCommittee’s general observations (para. 2.6) specify: Provision of adequate funding by the State should, as a minimum, include: (a) The allocation of funds for adequate accommodation, at least its head office; (b) Salaries and benefits awarded to its staff, comparable to public service salaries and conditions; (c) Remuneration of commissioners (where appropriate); and (d) The establishment of communications systems, including telephone and Internet. Adequate funding should, to a reasonable degree, ensure the gradual and progressive realization of the improvement of the institution’s operations and the fulfilment of its mandate. 40