SECTION ONE: The nature of national human rights institutions Section one: The nature of national human rights institutions1 • NHRIs are official independent legal institutions established by the state by law for the promotion and protection of human rights. • They are established by the constitution or an act of the parliament that guarantees their independence from political direction and political interference, both governmental and non-governmental. • They should comply with the international minimum standards for NHRIs, the Paris Principles. 1. What is a national human rights institution? NHRIs are state institutions, part of the official governance structure of the state. They are established by law, either the state constitution or special legislation enacted by the parliament. They investigate and report on human rights violations, help shape laws, policies and practices to protect and promote human rights, raise awareness of human rights issues and educate on human rights law and obligations. They work for attitudinal change to create fair, inclusive communities based on human rights. They collaborate with the international human rights system and with other NHRIs to strengthen human rights law and practice nationally and internationally. Although they are state institutions, NHRIs are unlike other state institutions. They have their own status, functions and roles. They are not the only state institutions with human rights responsibilities; parliaments, governments and courts also have essential roles in the promotion and protection of human rights. However, NHRIs are established for the specific purpose of promoting and protecting human rights and, in performing that role, they are required to act independently of all external direction or influence, except for directions of the courts relating to the interpretation and observance of the law. NHRIs are also unlike non-government organisations. As state institutions, they have strengths that NGOs do not have. They have greater authority than NGOs, deriving from their official status. They have stronger investigative powers than NGOs, usually including the powers to obtain documents, summon witnesses and enter premises, such as prisons and detention centres. They often have greater resources than NGOs. However, they do not have the freedom that NGOs enjoy. They are not only established by law but also restricted by law. They can speak and act only within the limits of the law that establishes them. 1 This section of the guide is drawn from APF A manual on national human rights institutions at https://www.asiapacificforum.net/resources/manual-on-nhris/. The manual is available on the APF website in English, Arabic and Russian. It has also been translated into other languages by other organisations. 5