Part I NHRIs and the Paris Principles Whatever a State’s motivation may be, establishing an NHRI in compliance with the Paris Principles constitutes a significant development in human rights compliance. Even NHRIs established in inappropriate circumstances with limited mandates have often proved to be strong advocates and successful defenders of human rights. In 2007, the APF developed guidelines for the process of establishing an NHRI.101 These guidelines reflect “good practice” for States wishing to establish an NHRI in accordance with the Paris Principles. The guidelines state that: The establishment of a national human rights institution should be considered an important national endeavour. The process of developing the institution, its establishment and implementation should be treated with the same level of seriousness accorded to other major national activities.102 These guidelines identify broad public consultation as the most significant factor in achieving an effective NHRI in compliance with the Paris Principles. They provide that the consultation process should address: • the human rights situation of the country concerned, which will help define the scope of the proposed institution • the legal basis for the national institution; that is, whether by constitution or by legislation • the mandate of the national institution, encompassing issues foreshadowed in the Paris Principles and covering the tasks of advising Government, investigating allegations of human rights violations, and education and human rights promotion • measures to ensure independence • measures to ensure pluralism • the structure of the national institution, including staffing and geographical accessibility • methods of appointing commissioners that are open and consultative and provide for the necessary qualities of competence, integrity, independence and pluralism • adequate resources for the national institution • cooperation between the national institution and non-governmental organisations • accountability mechanisms.103 The APF itself and UN agencies, in particular OHCHR, provide support and advice to States interested in establishing an NHRI or in strengthening an existing NHRI, based on the expertise and experience of the APF and OHCHR in working with NHRIs over the past two decades. 101 The APF guidelines are available in full at Appendix 6 of this manual. 102 APF, Guidelines for the process of establishing National Institutions in accordance with the Paris Principles, October 2007, para. 1. 103 APF, Guidelines for the process of establishing National Institutions in accordance with the Paris Principles, October 2007, para. 14. Chapter 3: The Paris Principles | 27