Part I Fundamental requirements for an Investigations Unit Policy independence The NHRI must be able to determine its practices and procedures and make its own findings, conclusions and recommendations in the course of its work. Whether providing advice to the parliament or the Government,15 undertaking broad investigations and inquiries16 or handling individual complaints of human rights violations,17 there should be no external interference. Financial independence NHRIs are State institutions and they rely on States to provide their core operational budgets. However, the Paris Principles recognize the connection between independence and funding and provide that the NHRI should have adequate funding “to enable it to have its own staff and premises, in order to be independent of the Government and not subject to financial control that might affect its independence”.18 The NHRI must have control over its budget once allocated. For this reason: • a general grant of funds should be provided, and not be earmarked for particular activities or purposes • the NHRI should be responsible for the administration and allocation of funds, subject to reasonable financial accountability measures applicable to other independent State institutions • the use of funds should not require governmental approval prior to expenditure. Independent members The independence of the NHRI is further promoted through the process of appointing members, as well as the terms and conditions of its members. This would include: • an open and transparent selection process that includes: –– advertising vacancies broadly –– broad consultation and/or participation in the application, screening and selection and appointment process –– assessing candidates based on predetermined, objective and publicly available criteria –– maximizing the number of potential candidates from a wide range of groups in society –– selecting members to serve in their own individual capacity • appointment by an official act for a specific period of time19 • dismissal only on the basis of defined grounds following a determination by a properly constituted court or tribunal • guarantees of immunity from prosecution for actions undertaken in good faith in their official capacity. Immunity should extend to the premises and records of the NHRI. 2. INDEPENDENCE AND INVESTIGATIONS NHRIs and other “oversight agencies” across the world seek to distance themselves from those they investigate, literally and figuratively, in order to promote both their real and perceived independence from the Government. 15 Paris Principles; “Competence and responsibilities”, para. 3(a). 16 Paris Principles; “Competence and responsibilities”, para. 3(a). 17 Paris Principles; “Additional principles concerning the status of commissions with quasi-jurisdictional competence”. 18 Paris Principles; “Composition and guarantees of independence and pluralism”, para. 2. 19 Paris Principles; “Composition and guarantees of independence and pluralism”, para. 3. Chapter 1: Independence | 13