• Most importantly, the NHRI must have independent members. To ensure this, the law must
establish clear and appropriate criteria and procedures for the appointment of members; an
extraordinary procedure where dismissal is necessary because of misconduct or incapacity; and
a fixed term of office of sufficient length to encourage independence in thought and action.
1.3. THE FUNCTIONS AND POWERS OF NHRIs
The Paris Principles also describe the kinds of functions that NHRIs have and the kinds of powers they
require to perform those functions.
The broad functions include dealing with individual complaints, initiating their own investigations,
addressing systemic problems, making recommendations to the Government, intervening in court
proceedings and undertaking awareness raising and community education. Not all NHRIs will have all
these functions. For example, some institutions are not authorised to act quasi-judicially in handling
individual complaints. However, most NHRIs have these functions. In the Asia Pacific region, almost all
NHRIs have quasi-judicial powers to enable them to receive, investigate and seek to resolve complaints
of human rights violation.
The kinds of powers that are considered necessary to perform these functions include compelling the
production of documents, entering and inspecting premises, compelling the attendance of a witness
and examining a witness on oath. Some NHRIs have powers to initiate prosecutions, including in relation
to criminal offences that have human rights dimensions.
Some have power to issue determinations when handling complaints. Most act in an advisory or
recommendatory role only, appropriate to their status as institutions distinct from the Government, the
legislature and the courts.
1.4. THE PARIS PRINCIPLES AND NATIONAL INQUIRIES
The Paris Principles do not make specific reference to national inquiries. Nonetheless the functions
and powers enumerated in the Paris Principles are the functions and powers an NHRI requires to
undertake a national inquiry. In fact, an NHRI performs many of its functions when undertaking a national
inquiry and it is called on to exercise many of its powers. A national inquiry enables the institution to
conduct investigations into a serious human rights issue; to expose human rights violations; to develop
findings and recommendations in relation to the issue considered; to raise public awareness and provide
human rights education generally and on the specific issues considered; and to identify future action
that should be taken by the institution itself or by others to provide remedies to victims and to ensure
better enjoyment of human rights in future.
KEY POINTS: CHAPTER 1
• NHRIs are official, independent State institutions established by law to
promote and protect human rights.
• The Paris Principles set out minimum requirements for an effective
independent NHRI, the standard by which the structure, form and legal basis
of an institution are assessed in determining whether the institution is to
receive international recognition.
• The Paris Principles require that NHRIs have guarantees of independence.
• A national inquiry is a mechanism by which NHRIs are able to pursue many
of their core functions of investigating, educating, raising awareness,
monitoring and advising on human rights issues.
Chapter 1: National human rights institutions and national inquiries | 5