2. the national human rights institution mandate
campaign for the ratification of specific treaties, this is something that
could be done in collaboration with civil
society organizations, for example by
holding joint meetings or hearings to
discuss such matters before presenting the results to government and/or
parliament.
5. When providing input to international
examinations, especially of the more
general kind such as the examination
before the United Nations Human Rights
Council (the Universal Periodic Review)
and the examination by the African
Commission on Human and Peoples’
Rights, a NHRI could highlight lack of
ratification, reservations and declarations not yet made.
6. As part of its research mandate, the
NHRI could do research into the consequences of ratification, in particular
the extent to which the relevant country
already adheres to the provisions of the
said treaties and what further measures
would need to be taken to ensure full
compliance. In this connection, the NHRI
could also obtain information on the ratification status for comparable countries.
7. There are several international documents advocating ratification of
international human rights instruments,
both addressed to specific countries as
part of concluding observations from
United Nations human rights committees and directed more generally, for
example in statements from meetings
of policy organs, such as the Summit of
the African Union or the Organization of
American States. In all its work, a NHRI
should keep in mind that even if a treaty,
including a human rights instrument,
has only been signed and not ratified;
it still entails some obligations for the
country. According to Article 18 of the
Vienna Convention on the Law on Treaties, a state that has signed a treaty is
obliged to refrain from acts which would
defeat the object and purpose of a the
treaty.
INTERNATIONAL REPORTING
The Paris Principles set out that NHRIs
should contribute to state reports to United
Nations bodies and to regional institutions
and, where necessary, express an opinion
in this respect, however with due respect
for their independence. In some countries
there is lack of clarity on the exact role of
NHRIs with respect to state reporting to
the various United Nations human rights
committees and regional mechanisms like
the African Commission on Human and
Peoples’ Rights.
The meaning of the relevant provision of the
Paris Principles is to clarify that NHRIs have
a role to play in the reporting process but
only to the extent this does not conflict with
their independence. In practice this means
that a government cannot outsource its
responsibility for state reporting to the NHRI
but must itself carry the ultimate responsibility to draft such reports. As stressed in
several concluding observations and clearly
prescribed in the Paris Principles, a government should not draft the report alone
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