Indicator 16.a.1 Existence of independent national human rights institutions in compliance with the Paris Principles

Indicator 16.a.1: Existence of independent national human rights institutions in compliance with the Paris Principles

Target 16.a: Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime

United Nations Office of the High Commissioner for Human Rights

Definition:

This indicator Existence of independent national human rights institutions in compliance with the Paris Principles measures the compliance of existing national human rights institutions with the Principles relating to the Status of National Institutions (The Paris Principles), which were adopted by the General Assembly (resolution 48/134) based on the rules of procedure of the Global Alliance of National Human Rights Institutions (GANHRI), formerly the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (or ICC).

Concepts:

A National Human Rights Institution (NHRI) is an independent administrative body set up by a State to promote and protect human rights. NHRIs are State bodies with a constitutional and/or legislative mandate to protect and promote human rights. They are part of the State apparatus and are funded by the State. However, they operate and function independently from government. While their specific mandate may vary, the general role of NHRIs is to address discrimination in all its forms, as well as to promote the protection of civil, political, economic, social and cultural rights. Core functions of NHRIs include complaint handling, human rights education and making recommendations on law reform. Effective NHRIs are an important link between government and civil society, in so far as they help bridge the 'protection gap' between the rights of individuals and the responsibilities of the State. Six models of NHRIs exist across all regions of the world today, namely: Human rights commissions, Human rights ombudsman institutions, Hybrid institutions, Consultative and advisory bodies, Institutes and centers and multiple institutions.

To be effective in their work to promote and protect human rights, national human rights institutions must be credible and independent. The Paris Principles set out internationally agreed minimum standards that NHRIs must meet to be considered credible, requiring NHRIs to be independent in law, membership, operations, policy and control of resources.

The Global Alliance of National Human Rights Institutions (GANHRI), through the Sub-Committee on Accreditation (SCA), is responsible for reviewing and accrediting NHRIs in compliance with the Paris Principles: NHRIs that are assessed as complying with the Paris Principles are accredited with ‘A status’, while those that partially comply are accredited with ‘B status’.

‘A status’ NHRIs have independent participation rights at the UN Human Rights Council, its subsidiary bodies and some General Assembly bodies and mechanisms. They are eligible for full membership of GANHRI, including the right to vote and hold governance positions. NHRIs accredited with ‘B status’ participate in GANHRI meetings but are unable to vote or hold governance positions.

Accreditation by the GANHRI entails a determination whether the NHRI is compliant, both in law and practice, with the Paris principles, the principal source of the normative standards for NHRIs, as well as with the General Observations developed by the SCA. Other international standards may also be taken into account by the SCA, including the provisions related to the establishment of national mechanisms in the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment as well as in the International Convention on the Rights of Persons with Disabilities. Likewise, the SCA looks at any NHRI-related recommendation from the international human rights mechanisms, notably, the Treaty Bodies, Universal Periodic Review (UPR) and special procedures. The process also looks into the effectiveness and level of engagement with international human rights systems.

The Principles relating to the Status of National Institutions (The Paris Principles) adopted by General Assembly, Resolution 48/134 of 20 December 1993 provide the international benchmarks against which NHRIs can be accredited by the GANHRI.

Percent (%)

Number

The main source of data on the indicator is administrative records of the Sub- Committee on Accreditation reports of the Global Alliance of National Human Rights Institutions (GANHRI). OHCHR compiles the data into a global directory of National Human Rights Institution (NHRI) status accreditation updated every six months, after the Sub-committee on Accreditation submits its report.

Name:

National human rights institutions

Description:

National human rights institutions (e.g. national human rights commissions, human rights ombudsman institutions, hybrid institutions, consultative and advisory bodies, institutes and centers and multiple institutions)

The important and constructive role of national institutions for the promotion and protection of human rights has been acknowledged in different United Nations instruments and resolutions, including the Final Document and Programme of Action of the 1993 World Conference on Human Rights in Vienna, GA resolutions A/RES/63/172 (2008) and A/RES/64/161 (2009) on National institutions for the promotion and protection of human rights. In addition, creation and strengthening of National Human Rights Institutions (NHRIs) have also been encouraged. For example, the 1993 GA resolution 48/134 ‘affirms the priority that should be accorded to the development of appropriate arrangements at the national level to ensure the effective implementation of international human rights standards’ while the 2008 GA resolution A/RES/63/169 encouraged states ‘to consider the creation or the strengthening of independent and autonomous Ombudsman, mediator and other national human rights institutions’. The Human Rights Council (HRC resolution 5/1, 2007) also called for the effective participation of national human rights institutions in its institution building package, which provides elements to guide its future work.

UN treaty bodies have also recognized the crucial role that NHRIs represent in the effective implementation of treaty obligations and encouraged their creation (e.g. CERD General Comment 17, A/48/18 (1993); CESCR General Comment 10, E/C.12/1998/25; and CRC General Comment 2, CRC/GC/2002/2). A compilation of various recommendations and concluding observations relevant to NHRIs emanating from the international human rights mechanisms in the United Nations is available at: http://www.universalhumanrightsindex.org/.

The Global Alliance of National Human Rights Institutions (GANHRI) is an international association of NHRIs which promotes and strengthens NHRIs to be in accordance with the Paris Principles and provides leadership in the promotion and protection of human rights (ICC Statute, Art. 5). Decisions on the classifications of NHRIs are based on their submitted documents such as: 1) copy of legislation or other instrument by which it is established and empowered in its official or published format (e.g. statute, and /or constitutional provisions, and/or presidential decree, 2) outline of organizational structure including details of staff and annual budget, 3) copy of recent published annual report; 4) detailed statement showing how it complies with the Paris Principles. NHRIs that hold ‘A’ and ‘B’ status are reviewed every five years. Civil society organizations may also provide relevant information to OHCHR pertaining to any accreditation matter.

Accreditation of NHRIs shows that the government supports human rights work in the country. However their effectiveness should also be measured based on their ability to gain public trust and the quality of their human rights work. In this context, it would also be worthwhile to look into the responses of the NHRI to the recommendations of the GANHRI. Likewise, the inputs from the NHRI while engaging with the international human rights mechanisms (i.e. submissions to the Human Rights Council, including UPR, and to the treaty bodies) represent a valuable source of information on how NHRIs carry out their mandate in reference to international human rights instruments.

In terms of method of computation, the indicator is computed as the accreditation classification, namely A (complying with the Paris Principles), or B (partially complying with the Paris Principles).

2024-09-27

United Nations Office of the High Commissioner for Human Rights

Indicator 10.3.1 / 16.b.1: Proportion of population reporting having personally felt discriminated against or harassed in the previous 12 months on the basis of a ground of discrimination prohibited under international human rights law

1