International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions This provision is being applied by the Sub-Committee on Accreditation (SCA) of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) through the process of granting and reviewing accreditation of NHRIs that comply with the Paris Principles.10 The SCA has said: The Sub-Committee would like to highlight the importance for NHRIs to engage with the international human rights system, in particular the Human Rights Council and its mechanisms (Special Procedures Mandate Holders) and the United Nations Human Rights Treaty Bodies. This means generally NHRIs making an input to, participating in these human rights mechanisms and following up at the national level to the recommendations resulting from the international human rights system. In addition, NHRIs should also actively engage with the ICC and its SubCommittee on Accreditation, Bureau as well as regional coordinating bodies of NHRIs.11 In accreditation reports, the SCA frequently comments on the international engagement of the NHRI under review and draws its attention to the SCA’s views on the subject.12 According to the results of a survey of NHRIs published by the OHCHR in July 2009, however, the majority of NHRIs are not heavily engaged with the international human rights system.13 There are good reasons for NHRIs to be engaged in the international human rights system, quite apart from their desire to be recognized as fully compliant with the Paris Principles. The international human rights system is of limited effectiveness. It needs NHRIs far more than they need it. It needs NHRIs to provide independent, objective information about human rights situations. States’ reports to international bodies are invariably self-serving and reports from NGOs are often criticized as being political or inaccurate. NHRIs that comply with the Paris Principles are official but independent bodies able to speak authoritatively. They have responsibility and power under the law to investigate and report on situations of human rights violation. They are able to draw from their national experiences to assist the development of international law and practice. NHRIs now have opportunities to contribute to and through many international human rights mechanisms. Many do so but their number is still far too few. Some cannot see any advantage or relevance in engaging with the international system and so do not do so. Some simply do not know how to contribute effectively. This manual examines the opportunities for engagement and the experiences of NHRIs that do so. It deals with both that part of the system derived from the UN Charter; that is, the HRC and its special procedures and UPR mechanisms. It also addresses that part of the system that derives from human rights treaties; that is, the treaty monitoring bodies. The manual provides information about how NHRIs can engage effectively with the various international mechanisms to advance human rights internationally and domestically. To begin, however, the manual considers some fundamental questions: • What are human rights? • What is international human rights law? 10 The international accreditation system for NHRIs is discussed in Chapter 16 of this manual. 11 See ICC Sub-Committee on Accreditation General Observations; “1.4. Interaction with the international human rights system”. 12 For example, see the comments on the Russian Office of the Commissioner for Human Rights, the People’s Advocate of Albania and the Defensoria del Pueblo of Paraguay in the “Report and recommendations of the session of the Sub-Committee on Accreditation of 3–6 November 2008”; and the comments on the Qatar National Human Rights Committee, the Commission Nationale Consultative de Promotion et de Protection des Droits de l’Homme of Algeria, the Defensoria del Pueblo de Ecuador and the National Human Rights Commission of Malaysia in the “Report and recommendations of the session of the Sub-Committee on Accreditation of 26–30 March 2009”; http://nhri.ohchr.org/EN/ICC/ICCAcreditation/Pages/SCA-Reports.aspx. 13 Survey on National Human Rights Institutions; OHCHR; July 2009; see http://nhri.ohchr.org. NHRIs were invited to respond to a questionnaire on many issues about their structure and work. Sixty-one institutions did so. Unfortunately a number of the more active NHRIs were not among the respondents. Non-respondents included the NHRIs of Australia, Denmark, Ghana, India, Indonesia, Kenya and Republic of Korea. Chapter 1: Introduction | 3