National Human Rights
Institutions and the Paris
Principles
What is a National Human Rights
Institution (NHRI) ?
• NHRI are State bodies with a constitution
and/or legislative mandate to protect and
promote human rights
• They are part of the State and are funded by
the State
What Form Can NHRI Take?
• Depending on the region or legal tradition
NHRI can take different names and forms
• The most common forms are:
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•
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Human Rights Commissions
Ombudsman
Public defender
Commissionner
Etc.
What are National Human Rights
Commissions (NHRC) ?
• They are State institutions with a specific mandate to
promote and protect human rights
• They are headed by a number of members
• Investigation is a core function
• Many can receive individual complaints
• Many, following investigations, have the authority to
make recommendations
What are « The Paris Principles »?
• In 1991, previous OHCHR, convened a conference of
NHRI to define common attributes that all new or
existing NHRIs should possess
• Because the meeting was held in Paris, the resulting
standards came to be known as the “Paris
Principles.”
• The Paris Principles were then adopted by a United
Nations General Assembly resolution in 1993.
Why are «The Paris Principles »
Important?
• They are minimum conditions that must be
met for all NHRI to be considered
independent and effective in protecting and
promoting the rights of the people
• They provide benchmarks against which new
NHRIs can be accredited by the International
Coordinating Committee’s of NHRI (ICC)
NHRI’s Accreditation Process:
• The International Coordination Committee of National
Institutions for the promotion and protection of human rights
(ICC) grants “accreditation” to NHRIs
• Accreditation is the official recognition that NHRI comply
fully with the Paris Principles
• Accrediation status are:
• if fully compliant = A status,
• if partially compliant = B status
• Accreditation opens the door to participation in work and
discussion of the UN Human Rights Council, the ICC and
other UN agencies
What are «The Paris Principles »
Benchmarks?
The Paris Principles identify 6 main criteria that
NHRI should meet to be fully functioning:
1) A broad mandate based on universal human rights
standards
2) Autonomy from government
3) Independence
4) Pluralism
5) Adequate ressources
6) Adequate power of investigation
Assessing NHRI:
To assess whether an NHRI complies with the « Paris
Principles’s » criteria and requirements, one needs
to look at the following issues:
• Mandate of the NHRI
• Jurisdiction of the NHRI
• Responsibilities of the NHRI
• Methods of operation of the NHRI
• Composition and pluralism of the NHRI
• Autonomy and independence of the NHRI
Mandate of The NHRI
• The mandate must be set out in the constitution or in
legislation
• Executive instruments such as government notifications or decrees do
not comply with the Paris Principles
• It ensures greater permanence, independence and transparency

The mandate must be as broad as possible and based on
human rights standards

The mandate must be to « promote and protect » human
rights (If it is only one or the other it does not comply with the Paris
Principles)
Jurisdiction of The NHRI
The breadth of the mandate of an NHRI depends
on its jurisdiction and responsibilities
NHRI’s jurisdiction should be as broad as possible
However there can be limitations:
• Limitations in the type of issue:
Some NHRIs can only enforce civil and political rights, or some
only protect rights of some particular groups (minorities,
women) or only work on discrimination
Those limitations do not prevent an NHRI from complying with
the « Paris Principles ».
Jurisdiction of The NHRI
• Limitations with regard to parliament
Usually NHRI have no authority over the parliament and
cannot affect the privileges and immunities of its members
However, the work of the parliament can be under NHRI’s
scrutiny (comment on bills)
• Limitations with courts and judiciary
They are usually exempt from oversight by NHRIs to ensure
their independence
However, NHRI can monitor and report on court activities
• Time limits
Most NHRIs can address only matters that arose after their
establishment.
Moreover, many NHRI set a time limitation of 1 or 2 year after
the violation accured
Responsibilities of the NHRI
• The Paris Principles describe the range of
responsibilities that should be within the
mandate of an institution
• These responsibilities are the minimum or
basic level of responsibilities that NHRI
should cover
Responsibilities Should Include:
• Monitoring the human rights situation and providing opinions,
recommendations, proposals, and reports to the government,
parliament or other responsible organs on:
• Legislative or administrative provisions, as well as provisions
relating to judicial organization
• The general situation of human rights or more specific issues
such as the situation of detained individuals
• Situations of violations in any part of the country
• It must advise by its own initiative and not at the request of
authorities and must be free to publicize its advices without
restraint and without requiring prior approval
Responsibilities Should Include:

Encouraging the harmonization of national legislation and practices with
international human rights instruments, as well as their effective
implementation

Encouraging the ratification and implementation of international human
rights instruments

Contributing to national human rights reports

Cooperating with international and regional human rights organs, and
other NHRIs

Assisting and taking part in the development of human rights education
and research programmes

Raising public awareness about human rights and efforts to combat
discrimination, especially racial discrimination, through publicity,
information, education and the use of press organs
Methods of Operation
• NHRIs should hold regular meetings to ensure
effectiveness
• NHRIs should be able to open regional and local
offices to establish a presence close to the people
• NHRIs must consult and develop relations with
other organization that promote and protect human
rights (including NGOs)
Composition and Pluralism
Pluralism can be achieved through the composition of NHRI
by ensuring:
• That members represent different parts of society
• That diverse social groups can suggest or recommend
candidates (including the civil society)
• That the staff is diverse and represent different social groups
• That the participation of women is guaranteed
Pluralism can be achieved through procedure and method of
operation that enable effective cooperation with diverse
social groups (including the civil society)
Composition and Pluralism
The Appointment process of the members of the NHRI is a
way to ensure pluralism and independence
• The parliament should be part of the selection process to make it
more credible and transparant
• The appointment process must be transparent
• There should be a broad consultation throughout the process
• Vacancies should be broadly advertized
• There should b an important number of potential candidate from a
wide range of social groups
• Members should serve in their own capacity rather than on behalf of
their organisation
Autonomy and Independence
Legal Autonomy
The constitutional provision or law that
establishes an institution should give it a
distinct legal personality to allow it to make
decisions independently and to act
independently
Autonomy and Independence
Operational Autonomy
• NHRIs should have the power to draft their own rules of procedures that
cannot be modify by an external authority
• NHRI’s recommendations, reports, decision or program activities should
not be subject to an external authority’s approval or require its prior
review and should be available to the public and Media
• NHRI staff should report to and be accountable to the head of the NHRI
• NHRI should have the right to hear any person and obtain any
information necessary for an examination it is undertaking and to protect
individual for having do so
• The reporting obligations of an NHRI should be set out in its founding law
Autonomy and Independence
Financial Autonomy
• The State must ensure that an NHRI has the
resources to have its own staff and premises
• An NHRI should have control over its finances and
how they may be used
• Funds need to be adequate and sufficient for the
NHRI to carry out its mandate
• The parliament should approve the budget (and not
a part of the executive branch of the government
such as ministries)
Autonomy and Independence
through appointment and dismissal procedures
• The terms and conditions of appointment should be transparent and set out
in the constitutional provision or founding law of the NHRI
• The method of appointment (see above) is a guarantee of independence
• Members should have the professional qualifications and experience to
perform their job and a personal history of integrity, competence and
independence
• The term of appointment should be fixed and not too short (2 years for
instance is too short)
• Freedom from arbitrary dismissal is crucial to independence (Dismissal
should be limited to serious wrongdoing, clearly inappropriate conduct or
serious incapacity and mechanisms for dismissal should be independent of the
executive.)
Autonomy and Independence
through privileges and immunities
• NHRI members should enjoy immunity from civil and
criminal proceedings for acts performed in an official
capacity as a guarantee that members won’t face
retaliation
• Members and staff should be immune from search,
seizure, requisition, confiscation or interference in
their archives, files, documents, communications,
property fund and assets of the office or in their
possession
Principles That Apply to NHRI With The Competence
to Receive Complaints Concerning Individual
Situations
• NHRI should have the ability to receive complaints against
public bodies and private bodies that carry out public
functions
• NGOs have the ability to file complaint with the NHRI on behalf
of victims (if they have the victims’s consent)
• NHRI should have the power to act on individual or collective
issues at their own initiative (without prior authorization
requested)
• NHRI should have the power to compel witnesses to testify and
require presentation of evidence and conduct on-site
investigations
Principles That Apply to NHRI With The Competence
to Receive Complaints Concerning Individual
Situations
• NHRI should have the power to protect witnesses and victims
when necessary (confidentiality measure)
• NHRI should have the power to compel authorities to
respond to their recommendations
• NHRI should have the power to recomend reparations for
victims of human rights violations
• NHRI should have the authority to take recommendations to
court for enforcement
For More Information
• National Human Rights Institutions: History,
Principles, Roles and Responsibilities by
OHCHR
• Assessing the Effectiveness of National Human
Rights Institutions, OHCHR
• UNDP- OHCHR Toolkit for Collaboration with
National Human Rights Institutions