Role of human rights institutions

Although not part of the UN, regional and national human rights systems are key instruments for the protection and promotion of human rights at country level. There are several regional intergovernmental organizations that have set human rights standards and established monitoring mechanisms, and a brief overview of these is provided in Chapter 2. National human rights institutions (NHRIs) are national bodies established for the protection and promotion of human rights. There are many types of

Box 5.9 Parliaments introduce children’s rights commissioners and ombudspeople: the cases of Norway and New Zealand

Norway

The Norwegian Stortinget created the first ombudsperson’s office for children, titled the Children’s Commissioner, in the 1981 Children’s Act. The Commissioner is tasked with promoting and protecting the human rights of children and ensuring that domestic legislation is in line with international conventions. In addition to the intrinsic benefits resulting from its establishment, the office paved the way for the creation of similar positions around the world.

New Zealand

One example is New Zealand, whose parliament adopted the Children’s

Commissioner’s Act in 2003. The Act’s major functions are monitoring residential and foster care services for children, reviewing reports on the deaths of children and serious crimes involving young people, raising awareness and understanding of the United Nation’s Convention on the Rights of the Child, which encompasses the rights of migrant and refugee children, and advocating for all New Zealand children under the age of 18. One concrete measure that resulted from the Act was the creation of a children’s rights helpline.

In December 1993, the UN General Assembly adopted the Principles relating to the Status of National Institutions (Paris Principles) (resolution 48/134) to guide the work of NHRIs. The Paris Principles also form the basis for their accreditation by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC), for which OHCHR serves as the secretariat (Human rights indicators: A guide to measurement and implementation, p. 16).

Box 5.10 The accreditation of NHRIs under the rules of procedure of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights

Definition

An NHRI is an independant administrative body set up by a State to promote and protect human rights. Compliance with the Paris Principles […] is the basis for NHRI accreditation. The process is conducted through a peer review by the International Coordinating Committee’s Sub-Committee on Accreditation. There are three types of accreditation:

A: compliant with Paris Principles

B: observer status – not fully compliant with the Paris Principles or insufficient information provided to make a determination

C: not compliant with the Paris Principles

Accreditation by the International Coordinating Committee entails a determination of whether the NHRI is compliant, both in law and in practice, with the Paris Principles, the principal source of the normative standards for NHRIs, as well as with the General Observations developed by the Sub-Committee on Accreditation.

Other international standards may also be taken into account by the Sub-Committee, including the provisions related to the establishment of national mechanisms in the Optional Protocol to the Convention against Torture as well as in the Convention on the Rights of Persons with Disabilities. Likewise, the Sub-Committee looks at any NHRI-related recommendation from the international human rights mechanisms, notably the treaty bodies, the universal periodic review (UPR) and the special procedures. The effectiveness and level of engagement with international human rights systems are also considered.

A global directory of NHRI status accreditation is available at www.ohchr.org/

EN/Countries/NHRI/Pages/NHRIMain.aspx. This global directory is updated every six months, after the Sub-Committee on Accreditation submits its report. This information can be accessed at any time.

Rationale

The creation and fostering of an NHRI indicates a State’s commitment to promoting and protecting the human rights set out in international human rights instruments.

The Paris Principles vest NHRIs with a broad mandate, competence and power to investigate, report on the national human rights situation, and publicize human rights through information and education. While NHRIs are essentially State-funded, they are to maintain independence and pluralism. When vested with quasi-judicial competence, NHRIs handle complaints and assist victims in taking their cases to courts, making them an essential component of the national human rights protection system. These fundamental functions of NHRIs and their increasing participation in the international human rights forums make them important actors in the improvement of the human rights situation. In addition, the better its accreditation classification, the more the NHRI is shown to be credible, legitimate, relevant and effective in promoting human rights nationally.

Adapted from, Human rights indicators: A guide to measurement and implementation, United Nations, pp. 146 – 148 (Annex I, Indicator 5).

NHRIs established in accordance with the Paris Principles can play a crucial role in advancing the rights of all migrants and ensuring a human rights-based approach to migration. As noted above, the UN Secretary-General encourages cooperation and constructive relationships between NHRIs and governments, parliaments, civil society and other national institutions concerned with the promotion and protection of human rights. Given that NHRIs are established by legislation and required to report on their activities, parliamentarians can play an important role in ensuring that the mandates and work of NHRIs give due consideration to the specific situation of migrants and their families.

Box 5.11 The role of NHRIs in promoting and protecting the rights of migrant workers

NHRIs are a vital part of strong national human rights protection systems.

They also play a key role in linking the international and domestic human rights systems. Their mandate enables them to engage with all relevant actors at the national level, as well as interact with regional and international mechanisms, to advocate laws, policies and practices that bolster protection for vulnerable groups, including migrant workers and members of their families.

Although NHRIs have broad mandates which require them to protect and promote all human rights for all people, the particular vulnerability of migrant workers – whether documented or in an irregular situation – requires NHRIs to pay consistent and focused attention to the human rights issues they face.

Promoting and protecting the rights of migrant workers is a priority for NHRIs in all parts of the world, with many international and regional meetings of NHRIs convened over the past decade to discuss emerging issues, exchange good practice and develop individual and shared programmes of action. The 8th International Conference of National Institutions for the Promotion and Protection of Human Rights, held in October 2006, specifically addressed the role of NHRIs in promoting and protecting the rights of migrants. The Santa Cruz Declaration, adopted at the conclusion of the conference, highlights the critical importance of NHRIs using all aspects of their mandates to promote positive change for migrants and migrant workers, including advocacy, research, monitoring, investigation, reporting and public education functions (Santa Cruz Declaration, 8th International Conference of National Institutions for the Promotion and Protection of Human Rights, Santa Cruz, Bolivia, 23 – 27 October 2006).

Given the complex and transnational nature of the issues involved, NHRIs are also encouraged to develop “strategic partnerships” with a broad range of national stakeholders, including civil society, as well as cross-country cooperation with NHRIs in “neighbouring countries and sending, transit and receiving states”

(para. 18).

A key recommendation of the 8th International Conference, as well as other regional meetings, is that NHRIs develop a comprehensive strategy to promote ratification of ICRMW. NHRIs are also encouraged to promote ratification of other key international human rights treaties and ILO conventions, as well as relevant regional human rights standards.

Adapted from Promoting and protecting the rights of migrant workers: The role of national human rights institutions, Asia Pacific Forum of National Human Rights Institutions, Sydney, Asia Pacific Forum, August 2010, pp. vi – vii.