A/HRC/22/47
through effective interaction with civil society organizations working on human rights
issues. Members and staff of these institutions can be considered as human rights
defenders and, as such, should be supported by public authorities and protected if
needed.
117. National human rights institutions can potentially play a significant role in the
protection of human rights defenders. Such a role is ensured by national institutions
having a robust mandate with competence to receive complaints from individuals and
associations working to defend human rights, investigate such complaints and provide
a wide range of protection measures.
118. The most common measure applied by national institutions to protect human
rights defenders appears to be formal complaints mechanisms. Several institutions
have established focal points and units dedicated specifically to human rights
defenders in recent years. This is highly commendable, but there is a need to ensure
that such entities are adequately resourced and have the capacity to act promptly
when violations against defenders are reported. Their effectiveness and transparency
are crucial in order to ensure such mechanisms are credible in the eyes of those they
are designed to protect. To ensure this, relevant authorities must be responsive to the
recommendations issued by the national human rights institution. As these rarely
carry legal responsibility due to the advisory function of the national institution,
Governments should find ways to implement the recommendations effectively and
promptly. In this connection, it is of great importance that Government officials are
sensitized to the important work of defenders and familiar with the Declaration on
human rights defenders.
B.
Recommendations
119.
To Member States:
(a)
Should follow the Paris Principles and the advice provided by the SubCommittee on Accreditation and ICC when it comes to establishing, mandating and
supporting the work on national institutions in order to ensure that institutions are
strong, independent and effective partners in the promotion and protection of human
rights;
(b)
National human rights institutions should be accountable to Parliament
and to the public, including through the discussion of annual reports, which should be
widely disseminated and made easily available to the public;
(c)
Appropriate follow-up mechanisms to recommendations issued by
national institutions should be established. In this connection, it is advisable that
annual reports of national institutions be presented and discussed in Parliament and
that adequate follow-up be entrusted to the corresponding parliamentary committees
and that an interministerial task force be appointed to mainstream their
recommendations and monitor their implementation;
(d)
Members and staff working for national institutions should be
considered, in law and in practice, as human rights defenders and, as such, be publicly
recognized and supported by the Government and public authorities;
(e)
Governments and other branches of the State should refrain from
unduly interfering with the independence and autonomy of national human rights
institutions. Any instance of intimidation, stigmatization, harassment or attack against
members or staff of national institutions should be promptly investigated, with
perpetrators brought to justice and remedy provided to victims;
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