A/HRC/22/47
59.
The Special Rapporteur and her predecessor have raised the issue of lack of financial
and human resources in several reports following fact-finding visits (Armenia, Honduras,
Ireland, Togo and the Democratic Republic of Congo).22
60.
It is reported that some national institutions have discretion to propose their own
budgets to legislators (Uruguay). In the case of the Netherlands Institute for Human Rights,
the draft budget is made public when submitted to Parliament for approval.
61.
However, responses to the questionnaire sent by the Special Rapporteur indicate that
there are instances where the financial autonomy of national institutions has been
challenged and/or revoked (Panama and the Philippines) by the Supreme Court. This has
had an important impact on the independence and capacity of the institutions.
62.
It has been widely reported that national institutions face financial constraints of
various sorts. In some countries, there are limitations to the type of expense to be covered
under public budgets, such as in Jordan, where the budget allocated is only meant to cover
operational costs and not activities. This severely undermines the capacity of national
institutions to interact with defenders, amongst other things.
63.
In other countries, national institutions claim to be financially ill-resourced in
general which, in some instances, amounts to lack of basic office equipment (Burkina Faso)
or means that they are not able to be fully operational in the regions, thereby restricting
opportunities for interaction with grass-roots organizations (South Africa). An extreme
situation would be the case of the national institution in El Salvador which, 20 years after
its establishment, does not have premises of its own.
64.
The Special Rapporteur is conscious of the fact that the financial crisis in 2008 and
the economic recession that followed have led to drastic cuts in public expenditure affecting
the public sector in general, including national institutions. Nevertheless, she strongly
recommends that national institutions be adequately resourced and be able to propose and
manage their own budgets independently.
4.
Composition and pluralism
65.
The Paris Principles establish that the composition of a national institution and the
appointment of its members should ensure a pluralistic representation of the actors involved
in the promotion and protection of human rights. NGOs working on human rights issues are
acknowledged specifically in this context. The Sub-Committee on Accreditation
emphasizes the importance for national institutions of keeping regular contact with civil
society and acknowledges that pluralism can be achieved in various ways.
66.
National institutions should therefore be inclusive and accessible to the different
constituencies. This could be reflected at the level of the composition of their membership
and staff, but also in the ways they interact with the main stakeholders, including defenders
and activists. Interaction with civil society will reinforce the credibility and legitimacy of
the institution and can certainly strengthen the design and implementation of its activities.
67.
As mentioned, members of the national institution in Uruguay are usually nominated
by NGOs, and all five current members come from the NGO sector. In New Zealand, civil
society is part of the interview panels for the selection of members of the national
institution.
22
12
In alphabetical order: Armenia (A/HRC/16/44/Add.2); Honduras (A/HRC/22/47/Add.1); Ireland
(A/HRC/22/47/Add.3); Togo (A/HRC/10/12/Add.2); Democratic Republic of the Congo
(A/HRC/13/22/Add.2).
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