A/HRC/22/47
national institutions in protecting their independence and pluralism, thereby enhancing their
effectiveness and reinforcing their legitimacy.10
33.
In addition to the Paris Principles, the ICC Sub-Committee on Accreditation has
adopted general observations,11 which provide further guidance on how to interpret and
implement the Paris Principles.
C.
National human rights institutions as human rights defenders
34.
The Special Rapporteur considers that national institutions which operate in
compliance with the Paris Principles and their members and staff, can be considered as
human rights defenders. She is aware that they face important challenges and are exposed
to attacks, threats, intimidation and harassment in connection to their human rights
activities.
35.
The Special Rapporteur and her predecessor have expressed concerns about the
challenges faced by members and staff of national institutions on a number of occasions. In
connection with the country visit to Guatemala in 2008, the issue of members and staff of
national institutions often being the victims of threats or attacks was raised in the report.12
36.
Furthermore, the mandate has sent a number of communications to Governments on
reported attacks against staff of national institutions while conducting an inquiry
(Philippines, 2008);13 threats to the life of a chairperson of an institution for reporting on
abuses by security forces (Kenya, 2008);14 alleged acts of intimidation, harassment and
reprisals against the head of a national institution who cooperated with the former mandate
holder during a country visit (Indonesia, 2007),15 a reported case of harassment of the
Chairperson of an institution for his engagement with ICC (Malawi, 2012),16 and the
reported undue interference of the Government in the extension of the mandate of the head
of a national institution (France, 2009).17
37.
The responses received to the questionnaire sent by the Special Rapporteur indicate
that national institutions face considerable challenges and constraints when discharging
their functions to promote and protect human rights, including when interacting with human
rights defenders, which could seriously undermine their independence, efficiency and
legitimacy. Despite their institutional and thematic diversity, reported challenges relate
inter alia to the mandates of the institutions and their implementation; to composition,
selection and appointment of members and staff; to conditions of tenure; and to the
availability of resources. The responses have also served to identify examples of good
practice.
1.
Mandate and competence
38.
As stated in the Paris Principles, mandates entrusted to national institutions should
be broad, set forth in a constitutional or legislative text specifying its composition and
10
11
12
13
14
15
16
17
8
International Council on Human Rights and OHCHR, “Assessing the effectiveness of National
Human Rights Institutions” (2005), p. 15.
National Human Rights Institutions (see note 7 above), annex IV.
A/HRC/10/12/Add.3, para. 66.
A/HRC/10/12/Add.1, paras. 2103-2106.
A/HRC/10/12/Add.1, paras. 1489-1491.
A/HRC/7/28/Add.1, paras. 1109, 1113, 1114 and 1117.
A/HRC/21/49, p. 36.
A/HRC/13/22/Add.1, paras. 832-838.
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