Chapter Two
Consequences of Palestine as Observer State
on the Independent Commission of Human Rights40
National human rights institutions (NHRIs) act according to the Paris Principles, which
organize and define their mandate, jurisdiction, sphere of competence and roles. The mission of these institutions is to promote and protect human rights by monitoring the human
rights situation in their own states. NHRIs enjoy a broad jurisdiction, expressly stated in
their statute, which defines the sphere of their competence. Palestine’s status as a nonmember observer state enables the Independent Commission for Human Rights (ICHR)
to fulfill its role as a national human rights institution. ICHR enjoys full membership in
the International Coordinating Committee of National Human Rights Institutions with
“A” status and it is mandated to give advice, submit proposals and recommendations for
Palestine on consultative level in order to fulfill its international human rights obligations. It also gives advice to the government on its decisions which influence the status
of human rights. The government refers to the ICHR for consultation about human rights
conventions or other human rights related issues. ICHR also fulfills the role of intermediary between official organizations and civil society organizations. In addition, it cooperates with Palestinian Parliament and presents it with proposals and recommendations
concerning draft laws’ compliance and compatibility with the human rights system. It
suggests amendment, omission or addition of articles of the draft law and sometimes suggests that a new law should be enacted. In order for the ICHR to act freely, it has the right
to attend all sessions where the promotion and protection of human rights is discussed
without reference from a higher authority.
National human rights institutions play a very important role in disseminating the culture
of human rights and updating governmental, local and international organizations about
the human rights situation in their respective countries. They have the right to publish
reports on the situation of human rights in their countries as well as the recommendations, proposals and advice they present to the official organizations and parliaments to
shed light on the role they have with these authorities. Furthermore, they have the right to
publish all the legislative, administrative and judicial regulations and related provisions
which aim to maintain and promote human rights.
The role of national human rights institutions is not restricted to only reviewing draft laws
issued by Parliament, as they also have the right to consider laws, administrative provisions and legislation in force, and submit the appropriate proposals and recommendations
to guarantee their compliance with basic human rights principles. They also have the
right to submit recommendations to the Parliament and the government, when need be, to
adopt new legislation, amend an effective legislation or administrative measures. In the
40 See Appendix (6).
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