A Manual on National Human Rights Institutions The Paris Principles have been the subject of General Observations developed over several years by the Sub-Committee on Accreditation (SCA) of the Global Alliance of National Human Rights Institutions (GANHRI) and endorsed by GANHRI.47 The General Observations were consolidated and expanded and issued in May 2013, with a statement of justification for each General Observation.48 The General Observations are authoritative, interpretative statements that assist in understanding and implementing the Paris Principles. They are “an important body of jurisprudence to give meaning to the content and scope of the Principles”.49 This manual refers to the General Observations where they can be of assistance. In spite of their limitations, the Paris Principles have proved to be the essential starting point for NHRIs throughout the world. NHRIs need to know and understand them thoroughly. This chapter provides an overview of the Paris Principles. Subsequent chapters deal in detail with the provisions of the Paris Principles, their interpretation through the General Observations of the SCA and the implications for the structure and work of NHRIs. 3.3. INDEPENDENCE The first and most essential requirement for an NHRI is independence.50 Although NHRIs are State institutions, they must be independent and act independently from all other institutions and organisations, governmental and non-governmental. True independence is fundamental to the success of an institution. An institution that cannot operate independently cannot be effective. It does not matter how well an institution measures up against the other aspects of the Paris Principles. If it is not independent, or is not seen to be independent, it is highly unlikely that it will be able to achieve much of lasting worth.51 The Paris Principles set out necessary guarantees of independence. Independence has six dimensions. 3.3.1. Legal independence52 Legal independence goes to the basis on which NHRIs are established and to guarantees of independence. The Paris Principles provide that establishment by an executive instrument – for example, a presidential decree or order – is not adequate or acceptable.53 A National Human Rights Institution must be established in a constitutional or legislative text with sufficient detail to ensure the National Institution has a clear mandate and independence. In particular, it should specify the Institution’s role, functions, powers, funding and lines of accountability, as well as the appointment mechanism for, and terms of office of, its members. The establishment of a National Institution by other means, such as an instrument of the Executive, does not provide sufficient protection to ensure permanency and independence.54 18 47 Until 2016 GANHRI was known as the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC). 48 GANHRI SCA General Observations as adopted in Geneva in May 2013. The General Observations are available in full at Appendix 2 of this manual. 49 GANHRI SCA General Observations as adopted in Geneva in May 2013, PP 4. 50 See B. Burdekin with J. Naum, National Human Rights Institutions in the Asia Pacific, 2007, p. 43; and Commonwealth Secretariat, National Human Rights Institutions: Best Practice, 2001, p. 5. 51 OHCHR, National Human Rights Institutions: History, Principles, Roles and Responsibilities, Professional Training Series No. 4 (Rev. 1), 2010, p. 39. See also B. Burdekin with J. Naum, National Human Rights Institutions in the Asia Pacific, 2007, p. 43; and Commonwealth Secretariat, National Human Rights Institutions: Best Practice, 2001, p. 5. 52 See chapter 5 of this manual for further discussion of legal independence. 53 GANHRI SCA General Observations as adopted in Geneva in May 2013, GO 1.1. See also Commonwealth Secretariat, National Human Rights Institutions: Best Practice, 2001, p. 11. 54 GANHRI SCA General Observations as adopted in Geneva in May 2013, GO 1.1.