A/HRC/22/47
68.
The national institution in India is composed of members who have occupied highlevel seats in the judiciary, which is reported to ensure their credibility and also serve as a
protective mechanism. Similarly, the Executive Secretary of the Governing Council of the
Nigerian Human Rights Commission is to be a retired judge or a lawyer with relevant
experience, although other members of the Council can include representatives from human
rights organizations, journalists, trade unions and the Bar Association. The Special
Rapporteur believes that the composition of the governing body of a national institution
should be as diverse as possible, including representatives from civil society and people
with relevant human rights experience.
69.
The Special Rapporteur has stated on various occasions that standard operating
procedures to ensure interaction with civil society in the work of national institutions are
important and can endorse the legitimacy of the work of defenders (Indonesia, 2007). In
this connection, she has recommended the establishment of a focal point on human rights
defenders and systematic consultation with civil society (Armenia, 2010).
70.
In the responses to her questionnaire, it has been reported that some national
institutions have a dedicated focal point or desk for human rights defenders (India,
Philippines and Uganda). Others report having a service dealing specifically with external
stakeholders, including human rights defenders (New Zealand). Some institutions are
mandated to establish relations with civil society working in relevant areas (Afghanistan
and Mexico) and do so by establishing agreements and memoranda of understanding with
NGOs for promotion, protection and capacity-building activities.
71.
Some national institutions have reported that they have regular contact and meetings
with defenders and civil society networks and organize different types of events and
activities in coordination with them (Jordan, Sri Lanka). In certain countries, national
institutions establish advisory groups which include defenders in their composition
(Norway), in some cases with thematic focus (Serbia, Ukraine). Other institutions report
that they encourage civil society to establish advocacy committees to increase synergies
with the institution (Afghanistan).
72.
The Special Rapporteur is of the view that regulatory frameworks for national
institutions should mandate the establishment of a permanent, dedicated focal point for
human rights defenders. Ideally, they should also encourage the collection of disaggregated
data on violations against them and the establishment of a protection programme taking into
account their specific profile and risks. In addition, she considers that the existence of
regional or local offices of the institution established in the regions, either permanent
(South Africa, Uganda) or itinerant (New Zealand), certainly makes the institution more
accessible to local, grass-roots organizations and defenders working in remote areas. The
Special Rapporteur emphasizes the importance of such local offices being responsive to
complaints received.
5.
Adequate powers of investigation
73.
The Paris Principles contain additional guidance for national institutions with a
mandate to hear and consider individual complaints and petitions.
74.
From the responses to the questionnaire, the Special Rapporteur is pleased to note
that most national institutions are entrusted by law to receive individual complaints on
alleged violations of human rights. Most commonly, national institutions can receive
individual complaints and are able to conduct an enquiry and then refer the matter to the
specialized body or to the courts to obtain a binding decision (El Salvador, India).
75.
Some of them have quasi-judicial powers to investigate any individual complaint
and provide effective protection and remedies to victims. Some institutions have the power
to issue interim protective measures for human rights defenders (Mexico).
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