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National Human Rights Institutions

National Human Rights Institutions

– history, purpose and functioning–

National Human Rights InstitutionsNational Human Rights Institutions: : HistoryHistoryNational Human Rights InstitutionsNational Human Rights Institutions: : HistoryHistory

The promotion and protection of human rights were the reasons for the establishment of the United Nations, while history speaks of the National Human Rights Institutions as an idea preceding the preparation of the Universal Declaration of Human Rights. In this regard, the development and creation of NHRIs is characterized by the following key events:

-- 1946:1946: The Economic and Social Council calls upon the UN Member States The Economic and Social Council calls upon the UN Member States contemplate on the idea of forming National Committees on Human Rightscontemplate on the idea of forming National Committees on Human Rights

-- 1978: 1978: The Human Rights Council drafts a document containing directions on the The Human Rights Council drafts a document containing directions on the structure and functioning of the national institutions. After its adoption, the General structure and functioning of the national institutions. After its adoption, the General Assembly calls upon Member States to form the institutionsAssembly calls upon Member States to form the institutions

National Human Rights InstitutionsNational Human Rights Institutions: : HistoryHistoryNational Human Rights InstitutionsNational Human Rights Institutions: : HistoryHistory

-- 1991: 1991: The first workshop on the National institutions for the promotion and protection The first workshop on the National institutions for the promotion and protection of human rights takes places in Paris. The result was the adoption of the Paris of human rights takes places in Paris. The result was the adoption of the Paris Principles – widely accepted standards against which the legitimacy and credibility of Principles – widely accepted standards against which the legitimacy and credibility of national institutions is measurednational institutions is measured

-- 1993:1993: Key year for the National institutions. The Paris Principles are formally Key year for the National institutions. The Paris Principles are formally recognized and the network of these institutions, formed in 1991, is consolidated. The recognized and the network of these institutions, formed in 1991, is consolidated. The International Coordinative Committee for the National institutions for the promotion International Coordinative Committee for the National institutions for the promotion and protection of human rights is established as a non-profit organization outside of and protection of human rights is established as a non-profit organization outside of the frame of the UN, but with a representative in the UN in Geneva, as well as the UN the frame of the UN, but with a representative in the UN in Geneva, as well as the UN High Commissioner for Human Rights. The ICC coordinates the activities between the High Commissioner for Human Rights. The ICC coordinates the activities between the National institutions and the High Commissioner, and has a special accreditation National institutions and the High Commissioner, and has a special accreditation system, through its Sub-committee on accreditation, evaluating the institutions against system, through its Sub-committee on accreditation, evaluating the institutions against the Paris Principlesthe Paris Principles

Definition and names of NHRIsDefinition and names of NHRIsDefinition and names of NHRIsDefinition and names of NHRIs

1.1. DefinitionDefinition:: “A National Institution for Human Rights represents a government body, “A National Institution for Human Rights represents a government body, established by constitution or law, with the mandate to protect and promote human established by constitution or law, with the mandate to protect and promote human rights. The institutions are parts of the government apparatus and are financed by rights. The institutions are parts of the government apparatus and are financed by the state in which they are formed the state in which they are formed “ “

2. 2. Most common names for NHRIsMost common names for NHRIs::- - Civil Rights DefenderCivil Rights Defender- - Human Rights CommissionerHuman Rights Commissioner- - Human Rights CommissionHuman Rights Commission- - Institute or Centre for Human RightsInstitute or Centre for Human Rights- - Ombudsman/Ombudsperson/People’s DefenderOmbudsman/Ombudsperson/People’s Defender- - Parliamentary Ombudsman or Human Rights CommissionerParliamentary Ombudsman or Human Rights Commissioner- - Public Attorney/Prosecutor for Human RightsPublic Attorney/Prosecutor for Human Rights- - Parliamentary Advocate for Human RightsParliamentary Advocate for Human Rights

ConclusionConclusion:: According to UN data, although the names of national institutions vary in According to UN data, although the names of national institutions vary in Member States, Human Rights Commission and Ombudsman are the most Member States, Human Rights Commission and Ombudsman are the most common namescommon names

NHRI ModelsNHRI ModelsNHRI ModelsNHRI Models

Although there is no unique model for creating an NHRI, there are three Although there is no unique model for creating an NHRI, there are three recognizable models according to which states determine the mandate of an recognizable models according to which states determine the mandate of an institution. The differences between models refer to the legal framework, institution. The differences between models refer to the legal framework, procedures and jurisdictions of the institutions, and therefore we differentiate three procedures and jurisdictions of the institutions, and therefore we differentiate three models:models:

1. 1. “Basic” or “Classic” model“Basic” or “Classic” model

2. 2. So-called “Rule of Law” modelSo-called “Rule of Law” model

3. 3. So-called “Human Rights” modelSo-called “Human Rights” model

The Paris PrinciplesThe Paris PrinciplesThe Paris PrinciplesThe Paris Principles

UN Member states are required to create national institutions to carry out the UN Member states are required to create national institutions to carry out the obligations taken in accordance with the International Law, coming from the Paris obligations taken in accordance with the International Law, coming from the Paris Principles, which are: Principles, which are:

Protection and monitoring of the human rights situation in the countryProtection and monitoring of the human rights situation in the country

2.2. Institutions should promote, advise, and reveal the violations of human Institutions should promote, advise, and reveal the violations of human rights to the relevant institutions such as the Government, Representative rights to the relevant institutions such as the Government, Representative bodies or any other competent bodies responsible for implementing bodies or any other competent bodies responsible for implementing international obligations international obligations

3.3. To have a broad mandate and independence from governmentTo have a broad mandate and independence from government4.4. Independence, especially financial independenceIndependence, especially financial independence5.5. PluralismPluralism6.6. Adequate resourcesAdequate resources7.7. Adequate investigating competencesAdequate investigating competences• Cooperation with regional and international organizations for the exchange Cooperation with regional and international organizations for the exchange

of good practicesof good practices

Paris PrinciplesParis PrinciplesParis PrinciplesParis Principles

4. 4. Institutions have the mandate to inform and educate in the area of human Institutions have the mandate to inform and educate in the area of human rights rights

5.5. Some institutions may be given quasi-judicial competencesSome institutions may be given quasi-judicial competences

The main guiding elements for the institutions must be The main guiding elements for the institutions must be independenceindependence and and pluralismpluralism..

..

Accreditation process for NHRIsAccreditation process for NHRIsAccreditation process for NHRIsAccreditation process for NHRIs

Меѓународниот координативен комитет на национални институции заМеѓународниот координативен комитет на национални институции зачовекови права е формиран 1993 во Тунис.човекови права е формиран 1993 во Тунис. The ICC for NHRIs was The ICC for NHRIs was established in Tunisia in 1993. It is an independent international organization with established in Tunisia in 1993. It is an independent international organization with the purpose of promoting and strengthening NHRIs the purpose of promoting and strengthening NHRIs in their work in accordance in their work in accordance with the Paris Principles. It includes the Sub-committee on Accreditation as a with the Paris Principles. It includes the Sub-committee on Accreditation as a specialized body for evaluating, analyzing and monitoring NHRIs and their work in specialized body for evaluating, analyzing and monitoring NHRIs and their work in accordance with the Principles.accordance with the Principles.The Sub-committee works with its own methodology through which it evaluates The Sub-committee works with its own methodology through which it evaluates the level of implementation of the Principles and classifies institution along three the level of implementation of the Principles and classifies institution along three categories: categories:

- Category ACategory A:: The NHRI works in full compliance with the Paris PrinciplesThe NHRI works in full compliance with the Paris Principles- Category BCategory B:: The NHRI does not work in full compliance with the Paris Principles The NHRI does not work in full compliance with the Paris Principles

or has submitted insufficient data or has submitted insufficient data - Category CCategory C:: The NHRI does not work in compliance with the Paris PrinciplesThe NHRI does not work in compliance with the Paris Principles

From the 2011 data, the ICC consists of 99 NHRI, 69 of which are accredited in From the 2011 data, the ICC consists of 99 NHRI, 69 of which are accredited in the Category A, 20 in Category B, and 10 in Category C. the Category A, 20 in Category B, and 10 in Category C.

National Human Rights Institution in the Republic of National Human Rights Institution in the Republic of MacedoniaMacedonia

National Human Rights Institution in the Republic of National Human Rights Institution in the Republic of MacedoniaMacedonia

THE ACCREDITATION PROCESS OF THE MACEDONIAN NHRITHE ACCREDITATION PROCESS OF THE MACEDONIAN NHRI

WHAT MODEL FOR MACEDONIA?WHAT MODEL FOR MACEDONIA?

ConclusionConclusionConclusionConclusion

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