Undertaking Effective Investigations A Guide for National Human Rights Institutions Chapter 1: Independence KEY QUESTIONS • Why is independence an important issue for NHRIs? • How can NHRIs demonstrate independence? • What is impartiality? • What powers do NHRIs require to conduct effective and efficient investigations? 1. INDEPENDENCE Independence is the first and most essential requirement for NHRIs.12 NHRIs have a mandate to promote and protect human rights, including through the investigation of human rights violations by both State and non-State actors. To ensure that their investigations, recommendations and decisions are seen as credible and are respected, the NHRI must be, and must be perceived to be, independent. The Paris Principles set out five necessary guarantees of independence: • legal independence • operational independence • policy independence • financial independence • independent members. Legal independence The Paris Principles provide that NHRIs should be established through the country’s constitution or through legislation. In practice, constitutional or legislative provisions normally specify that the NHRI is to carry out its functions independently.13 By establishing the NHRI in its constitution or legislation, the State protects the NHRI from undue interference by the executive arm of the Government. Operational independence The NHRI needs independence to determine its priorities, programs and projects; that is, all aspects of its operations, subject to the law and available resources. It should be empowered to “[f]reely consider any questions falling within its competence”.14 The NHRI should have the power to determine freely which of its functions should be given priority in the performance of its mandate, as well as the structure of the organization that best meets this purpose. The Government should not be able to direct the activities of the NHRI, including in relation to its priorities, as this may prevent the NHRI from pursuing areas and issues of concern that it considers most important in the promotion and protection of human rights. 12 12 See National Human Rights Institutions in the Asia Pacific; Brian Burdekin with Jason Naum; 2007; p. 43; and National Human Rights Institutions: Best Practice; Commonwealth Secretariat; 2001; p. 5. 13 Paris Principles; “Competence and responsibilities”, para. 2. 14 Paris Principles; “Methods of operation” para. (a).