NHRI Leadership: an introductory guide 3. Five essential requirements for NHRI leaders Because of the centrality of independence in the Paris Principles, independence is the most important criterion for an NHRI leader. NHRI leaders must be independent and independently minded. Independence requires an independent mindset that enables the leader to think and act without being beholden to the government or seeking to build favour with the government or being in fear of the government. This is difficult to assess at the time of appointment, however. Potential appointees must be able to demonstrate actual experience in thinking and acting independently, without fear or favour. During their time in office, NHRI leaders should not be associated with any political party or political movement. They should be independent in fact and be seen to be independent. Second, all NHRI leaders must be persons of the highest integrity. The founding law will often provide that persons with criminal convictions are ineligible for appointment. This is an aspect of integrity but integrity is much more than this. Integrity requires honesty, free from actual or possible or perceived corruption. It requires action without fear or favour. It requires impartiality. Integrity requires that the person have no conflict of interest, actual or perceived, no financial stake in any decision, no relationship of family or friendship or association with anyone involved in an investigation and no favouritism or animosity that might influence any internal decision as to appointment or promotion or disciplining of staff. It also includes having and implementing a nondiscriminatory approach within the operations of an NHRI, on the grounds prohibited under national or international law, including race or ethnicity, sex, gender identity, marital status, sexual orientation, pregnancy, national origin, religion, age, disability and so on. As part of meeting the requirements of integrity, NHRI leaders may be required to make a declaration of interest on their appointment in relation to financial affairs, business relationships and significant memberships. The declaration should be updated annually. The declaration is a means of ensuring transparency and accountability in relation to NHRI functioning and decision-making. In addition, upon their appointment and before taking office, NHRI leaders should endeavour to identify all possible conflicts of interest and remove them wherever possible. Where a conflict of interest is identified and it cannot be removed, it should be declared openly to other leaders in the NHRI and recorded formally in the NHRI’s records and the person concerned should not participate in any issue, matter or decision in which the conflict of interest is relevant. Where a conflict of interest arises or becomes apparent after appointment, it should be declared immediately and recorded and from that moment the person concerned should not participate in any issue, matter or decision in which the conflict of interest is relevant. Human rights expertise is the third essential criterion for NHRI leaders. It is a generic criterion that applies to all NHRI leaders. Expertise can come from formal qualifications in human rights and from experience, including lived experience as a person who has suffered human rights violations or is at risk of violations, individually or as a member of a group. No one has expertise in all areas of human rights. One of the first tasks after a leader’s appointment is to determine what additional opportunities the new leader requires to be proficient in those areas of human rights related to the position to which the leader has been appointed. These opportunities could include further formal education and training, exposure to actual situations of human rights violation or risk of violation, and consultation with and learning from victims of violation, human 12

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