National human rights institution

A national human rights institution (NHRI) is an independent state-based institution with the responsibility to protect and promote human rights in a country. The Office of the United Nations High Commissioner for Human Rights (OHCHR) aids these bodies, providing advisory and support services, and facilitates access to United Nations (UN) treaty bodies and other committees. There are over one hundred such institutions, about two-thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles. Compliance with the Principles is the basis for accreditation at the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of the Global Alliance of National Human Rights Institutions (GANHRI) called the Sub-Committee on Accreditation. The secretariat to the review process (for initial accreditation, and reaccreditation every five years) is provided by the National Institutions and Regional Mechanisms Section of the OHCHR.

NHRIs can be grouped together into two main categories: human rights commissions and ombudspersons. While most ombudspersons have their powers vested in a single person, human rights commissions are led by multi-member boards, often representative of various societal groups. NHRIs are sometimes set up to deal with specific issues such as discrimination, although the Paris Principles requires they should be bodies with broad responsibilities. Specialised national institutions also exist in many countries to protect the rights of a particular vulnerable group such as ethnic and linguistic minorities, indigenous peoples, children, refugees, persons with disabilities, or women.

National human rights institutions under the Paris Principles have an explicit and broad human rights mandate including promotion and protection functions. This can include research, documentation and training and education in human rights issues, while the ombudsman model tends to handle complaints about administrative deficiencies. While all human rights violations are maladministration, ombudsmen generally deal with few human rights violations. In most countries, a constitution, a human rights act, or institution-specific legislation establish national human rights institutions. The degree of independence of these institutions depends upon national law, and best practice requires a constitutional or statutory basis rather than (for example) a presidential decree. A nation's human rights institution are also referred to by the Vienna Declaration and Programme of Action and the Convention on the Rights of Persons with Disabilities.

Role

Many countries establish special commissions to ensure laws and regulations protecting human rights are applied effectively. These commissions are often composed of members from diverse backgrounds, and with interest, expertise, or experience in human rights. Human rights commissions primarily protect those within the state's jurisdiction against discrimination or mistreatment, and defend civil liberties and other human rights. Some investigate alleged violations of constitutional rights or international human rights treaties.

An essential role of many human rights commissions is to receive and investigate complaints alleging human rights abuses violating national law. Many human rights commissions rely on conciliation or arbitration for investigation and complaint resolution. Human rights commissions may be granted authority to impose legally binding outcomes on parties to a complaint. If no special tribunal has been established, the commission may transfer unresolved complaints to normal courts for final determination. NHRIs usually deal with human rights issues by directly involving a public authority. In relation to non-state entities, some national human rights institutions may address:

grievances or disputes involving certain kinds of company (for instance state-owned enterprises, private companies providing public services, or companies operating at federal level).
only certain types of human rights issue (for instance non-discrimination or labour rights).
complaints or disputes raising any human rights issue and involving any company.

Additionally they may promote and protect the responsibilities of the state and the rights of the individual by:

advising to the state of its international and domestic human rights obligations and commitments.
receiving, investigating and resolving human rights complaints.
educating and publishing for all sections of society (particularly minority groups such as refugees).
monitoring human rights in the state and its subsequent actions.
engaging with the international community to advocate for human right recommendations and to raise pressing issues for the state.

Promoting and educating about human rights may involve informing the public of the commission's roles, sparking discussions on important human rights issues, providing counselling services and meetings, or distributing human rights publications.

Reason for establishing national human rights institutions

The International Council on Human Rights Policy reported that NHRIs are established: in countries experiencing conflict (usually internal like South Africa, Ireland, or Spain), or in response to claims of serious human rights abuses. NHRIs may be established as visual institutional security, as a body that is seen to be dealing with prevalent issues (such as seen in Mexico and Nigeria), or finally to underpin and consolidate other human rights protections (such as in Australia and New Zealand). National governments establish institutions reflecting their opinions and cultural identity. The United Nations Commission on Human Rights passed resolutions in 1992, recommending promotion of such institutions by governments without any, and also promoting the reform of those that did. They may work to prevent discrimination against minority groups or international crimes, such as torture. One of the most effective tools that NHRIs have is their unique position between the responsibilities of government and the rights of civil society and non-governmental organisations (NGOs). This conceptual space gives NHRIs a positively distinctive role, acting as a different protection service for the people and different tools available to hold the state and other bodies accountable for human rights breaches. Part A.3 of the Paris Principles adopted in March 1993 by the United Nations Commission on Human Rights provides that NHRIs responsibilities are to ratify human rights treaties and cooperation with human rights mechanisms. The workshop recommendations provide a basis for assessing the effectiveness and independence of a NHRI, identifying six key criteria:

independence from government.
independence granted from constitution or legislation.
powers of investigation without referral from a higher authority or receipt of an individual complaint.
pluralism, allowing them to coexist with the governing body.
adequate financial and human resources.
clearly defined and broad mandate to protect and promote universal human rights.

NHRI fully complying with these criteria and demonstrate independence are accredited an "A status", while those only partially fulfilling them receive a "B status". "A status" institutions are allowed to participate in United Nations Human Rights Council discussions and its mechanisms. The Subcommittee on Accreditation determines the "status" of each NHRI, appeals directed to the GANHRI's Chair within 28 days. "C status" institutions are due to non-compliance with the Paris Principles, but may still participate in gatherings as observers. It organises international conferences for NHRIs, helps institutions in need of assistance, and helps governments create NHRIs when requested.

Global Alliance of National Human Rights Institutions

The International Coordinating Committee of NHRIs was established in 1993 with a Bureau composed of one representative from the Americas, Asia Pacific, Africa and Europe. The Coordinating Committee organises an annual meeting and a biennial conference that facilitates and supports NHRI engagement with the United Nations system. Not all of the following NHRIs are accredited through GANHRI.

Regional groupings

International Ombudsman Institute
Network of African National Human Rights Institutions (NANHRI)
Asia Pacific Forum of National Human Rights Institutions (APF)
European Group of National Human Rights Institutions
Network of National Institutions in the Americas

Sub-national human rights institutions

;Australia

:: Anti-Discrimination Board of New South Wales

:: Victorian Equal Opportunity and Human Rights Commission

:: Equal Opportunity Commission (South Australia)

:: Equal Opportunity Commission (Western Australia)

:: Anti-Discrimination Commission Queensland

:: Office of Anti-Discrimination Commissioner (Tasmania)

:: Human Rights Commission (Australian Capital Territory)

:: Northern Territory Anti-Discrimination Commission

; Canada

:: Alberta Human Rights and Citizenship Commission

:: British Columbia Human Rights Tribunal

:: Ontario Human Rights Commission

;United Kingdom

: The three UK bodies (Great Britain, Northern Ireland, Scotland) are listed above as they are each recognised as NHRIs.

;Spain

: Each Spanish region has its own ombudsman.

;South Korea

: Provincial and Metropolis level

:: Provincial Human Rights Promotion Commission (South Chungcheong Province)

:: Provincial Human Rights Promotion Commission (Gangwon Province)

:: Seoul Human Rights Commission

:: Human Rights Ombudsman (Gwangju)

::: Citizen Council for Human Rights Promotion is advisory council for the Ombudsman

:: Ulsan Human Rights Commission

: Education

:: Human Rights Commission for Students, Gyeonggi Provincial Office of Education

::: Human Rights Advocate for Students (Gyeonggi Province)

:: Human Rights Commission for Students, Seoul Metropolitan Office of Education

::: Human Rights Advocate for Students (Seoul)

References

External links

GANHRI Website
UNHCHR Universal Declaration of Human Rights 1948
National Human Rights Institution (NHRI) Profiles (ACCESS Facility)