A/HRC/26/51 mechanisms. The reason for this is found in the nature of OHCHR and of its technical cooperation programme through its field services. 31. The strategy of each field presence, regardless of its nature, must therefore be to ensure that national frameworks and institutions are built in a sustainable manner that will provide the best possible promotion and protection of human rights and that these institutions are able to continue their functions once the technical support provided comes to an end, a reality in view of the limitations of resources and the increasing demands from all regions of the world. 32. Some of these institutions and frameworks are critical for good governance generally, and not only for the promotion and protection of human rights. An independent legal system operating under the rule of law, with qualified judges, due process, transparent decision-making, ascertainable laws and procedures and appropriate judicial avenues for appeal and review of decisions, is essential for the promotion and protection of human rights and also for the proper governance of the State. So too is a political system with a freely elected Government and legislature, with universal franchise and freedom for full participation. Technical cooperation appropriately addresses the strengthening of these systems. 33. Other institutions and frameworks are more specifically directed towards human rights. National human rights institutions are among the most important of these. Technical cooperation needs to be focused explicitly on the establishment and strengthening of national human rights institutions in compliance with the Paris Principles. It needs to engage them collaboratively, as closely as possible. Where a State does not have a national human rights institution in compliance with the Paris Principles, the OHCHR field presence should encourage its establishment, as the Human Rights Council and the General Assembly have constantly reiterated in their resolutions. Where a State has a national human rights institution that is not in full compliance with the Paris Principles or that is weak or less effective than it needs to be, the OHCHR field presence should work closely with the institution, the Government and Parliament to strengthen the institution’s capacity. Under no circumstances should the work of an OHCHR field presence replace or duplicate the work of a national human rights institution. 34. National human rights action plans are a framework specifically aimed at better promotion and protection of human rights. Assisting the development and implementation of an effective national human rights action plan should be a core part of technical cooperation. Many States have adopted such action plans, since they were encouraged to do so by the Vienna Declaration and Programme of Action in 1993. However, many of these plans have been inadequate, while many have not been implemented fully or in some cases not at all. OHCHR has become well experienced in working with States to develop good national human rights action plans and subsequently to implement them. Field presences can assist this process by providing international expertise where required and building local capacity. 35. National human rights institutions and national human rights action plans are a good means by which the benefits of the work of an OHCHR field presence can become long lasting. They are products of technical cooperation that address the promotion and protection of human rights on a long-term basis, that reflect the national context and the needs and priorities of the individual State, and that can be domestically sustainable and implementable. 36. Whatever specific approaches are taken, however, the priority strategy for effective technical cooperation must be building and strengthening national institutions and frameworks. Only in this way can the international community that has directly or indirectly provided the technical cooperation ensure that it has a long-term benefit. Only in 9

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