A/HRC/22/47
sphere of competence. The mandate should be clearly stated and include the promotion and
protection of human rights, which is the case for many national institutions, such as
Afghanistan, Canada, Nicaragua, Nigeria, South Africa and Uruguay, among others.
39.
However, there are instances where the mandate of national institutions is reportedly
established by a royal decree (Morocco), a presidential decree (Algeria, Kazakhstan) or an
executive order (Philippines).
40.
Moreover, limitations to the mandate or sphere of competence of national
institutions have been reported in some cases which include restrictions to their jurisdiction,
such as limitations on the type of issue they can handle. Other restrictions concern the
branches of the State or the type of actors they can monitor, notably military and private
actors in some cases exempted from the oversight of national institutions.
41.
Several national institutions are not empowered to investigate complaints against the
Head of State and Parliament (Hungary, Kazakhstan, Philippines). The national institution
of the Philippines is limited to consideration of violations of civil and political rights,
although the institution has managed to work on economic, social and cultural rights under
its Omnibus Rules of Procedure. It is also reported that the national institution in India
cannot deal directly with members of the armed forces and has to seek reports from the
Ministry/ Departments with competence over them.
42.
As established by the Paris Principles, the mandate of national institutions should
include preparing and submitting reports to relevant international bodies, including the
Universal Periodic Review of the Human Rights Council and the Treaty Bodies, as well as
interacting with regional and international human rights mechanisms, including with the
special procedures of the Human Rights Council. This is the case for the mandate of the
national institution in Canada and, while not as specific, that in Afghanistan.
43.
The mandate of national institutions should also be clear enough to avoid any
overlap or confusion with the mandate and work of other branches of the State or human
rights-related bodies, such as thematic human rights commissions (India, Indonesia) or
human rights institutions at the constituent unit level 18 in federal States (Canada, Mexico,
South Africa). As stated by the Sub-Committee on Accreditation in its general
observations, national institutions should cooperate with other statutory bodies, coordinate
their work and share information with them.
44.
The Special Rapporteur would like to highlight the fact that several national
institutions reported facing important challenges when trying to ensure adequate
implementation of and follow-up to their recommendations. In the absence of necessary
provisions in the statutory framework obliging the Government and other public bodies to
formally respond to their recommendations, implementation of such appears to be a
problem (South Africa). This is likely to be the case with most institutions which are
provided with a limited consultative or advisory type of mandate (Germany, Kazakhstan),
which could undermine their impact and effectiveness.
45.
In the opinion of the Special Rapporteur, the credibility and legitimacy of national
institutions is certainly strengthened if their mandate originates from a legislative act of
Parliament, is clear and broad, including interaction with regional and United Nations
human rights mechanisms and establishing coordination mechanisms with other relevant
human rights bodies. The mandates of national institutions should state their jurisdiction,
and they should be accountable to Parliament through the submission of a periodic report
18
This refers to the states, provinces or cantons within federal systems. For more details, refer to
“National human rights institutions in federal States. A study for the Office of the High
Commissioner for Human Rights” (September 2011).
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