A Manual on National Human Rights Institutions
According to the SCA, NHRI reports “provide a public account, and therefore public scrutiny, of the
effectiveness of a National Human Rights Institution”.99
The SCA has commented on the importance of formal State consideration of NHRI reports.
The SCA considers it important that the enabling laws of a National Institution establish a process
whereby the Institution’s reports are required to be widely circulated, discussed and considered
by the legislature. It would be preferable if the National Institution has an explicit power to table
reports directly in the legislature, rather than through the Executive, and in so doing to promote
action on them.100
NHRIs also have moral accountability obligations to the community, especially to those who are victims
of or at risk of human rights violations. The mandate to promote and protect human rights is a mandate
of leadership on behalf of actual and potential victims of violations and service to actual and potential
victims. NHRIs owe the community generally and victims particularly reports on their work, including
their effectiveness and their failings.
3.6. THE IMPORTANCE OF COMPLIANCE WITH THE PARIS
PRINCIPLES
Full compliance with the Paris Principles is essential to ensuring that NHRIs are as effective as possible.
Compliance enables NHRIs to work independently and professionally in promoting and protecting
human rights. It gives them legitimacy and credibility domestically and internationally. It ensures that they
receive support from other domestic human rights advocates and organisations, from other NHRIs, from
the UN and other inter-governmental agencies and from other international actors, possibly including
international donors. It enables them to participate fully in the international human rights system through
accreditation by the ICC.
The Paris Principles are international minimum standards. NHRIs can go beyond the requirements of
the Paris Principles; for example, with greater independence, broader human rights mandates, stronger
powers, better resources and so on. However, full compliance with the Paris Principles is the minimum
required for NHRIs to be legitimate, credible and effective.
3.7. ESTABLISHING AN NHRI
The UN strongly encourages all States to have an NHRI that complies with the Paris Principles. This
encouragement is found in resolutions of the Human Rights Council and the General Assembly, in
recommendations of the UPR and the treaty monitoring bodies, and in reports of the special procedures.
A State may respond for a variety of reasons, some positive and some negative. For example, it may
commit to establish an NHRI because:
• it has a strong commitment to human rights and is convinced that an NHRI is a good means to
ensure better promotion and protection of human rights
• it is committed to acting on recommendations from UN bodies
• of pressure from civil society within the State itself
• it wants to be seen positively, domestically and internationally, as a State that takes its human
rights obligations seriously
• it hopes having an NHRI will divert international attention from its poor human rights performance.
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99
GANHRI SCA General Observations as adopted in Geneva in May 2013, GO 1.11.
100
GANHRI SCA General Observations as adopted in Geneva in May 2013, GO 1.11.