A/HRC/21/59
E.
Issues emanating from the discussion on the establishment, designation
or maintaining of national mechanisms with competencies to protect
against and prevent all forms and manifestation of racism, racial
discrimination, xenophobia and related intolerance
32.
It emerged that National Human Rights Institutions, in particular those who comply
with the Paris Principles as contained in United Nations General Assembly (UNGA)
resolution 48/134 0f 20 December 1993, are key partners in monitoring, promotion and
protection of human rights. Additionally, it was highlighted that the National human rights
institutions (NHRIs) are a mechanism for ensuring conformity of legislation with
international obligations, including the implementation of the ICERD and the DDPA.
33.
It was also highlighted that these NHRI are independent from Government even
though they may be funded through Government resources, however they should be
accountable, including to Parliament, civil society and the victims.
34.
It was agreed that there is no single ideal model of a national mechanism to promote
and protect human rights. In this regard, it was also agreed that Specialised Institutions
could be established to promote and protect human rights, taking into consideration the
specificities and the national context.
35.
It also recognised that these NHRIs or Specialised Institutions should have a broad
mandate to cover various categories of victims of racism, xenophobia and incitement,
among others and reflect the diversity of society and be accessible to the victims of racism,
racial discrimination, xenophobia and related intolerance.
36.
It was also emphasised that these NHRIs and Specialised Institutions should be
adequately funded in order to execute their mandate effectively, which could also entail the
consideration of individual complaints.
37.
The mechanisms must also be able to produce proposals and recommendations with
a view to contributing to the improvement of legislation. They should also be able to
evaluate their activities. Evaluation could also be undertaken nationally, regionally or
internationally.
38.
It was also acknowledged that the effectiveness or success of these institutions
cannot be verified, save to say that they are at a ―sensitization stage‖.
F.
Recommendations: Establishment, designation or maintaining of
national mechanisms with competencies to protect against and prevent
all forms and manifestation of racism, racial discrimination,
xenophobia and related intolerance
39.
I recommend a study on the impact of the National Human Rights Institutions and
Specialised Institutions as appropriate, on the monitoring, promotion and respect of human
rights.
40.
I recommend the exchange of good practices among National Human Rights
Institutions and Specialised Institutions as appropriate, on a national and regional level with
a view to contributing to the effectiveness of these institutions.
41.
The Office of the United Nations High Commissioner should assist National Human
Rights Institutions in developing countries to strengthen their capacity to monitor, promote
and protect human rights.
22
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