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National Human Rights Institutions: From Idea to Implementation

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National Human Rights Institutions in Southeast Asia
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Abstract

National Human Rights Institutions (NHRIs) are one of the most important institutional developments of recent years. NHRIs can play a key role in promoting and protecting human rights. They are able to do so by the unique position they occupy between government, civil society and nongovernmental organisations. Their codification in the Paris Principles and endorsement by the United Nations General Assembly in 1993 has changed the human rights landscape globally.

The Paris Principles constitute a concrete template for NHRI design, with guidelines covering their independence, jurisdiction, mandate and composition. These Principles have had the positive impact of introducing and even strengthening NHRIs. NHRIs can now be found in a wide range of political regimes—from Bahrain to Colombia to Ireland. Their numbers have soured from 21 in 1991 to approximately 120 active NHRIs in 2015. NHRIs are now a mainstay of multi-level human rights governance.

The challenge remains, however, to ensure that these institutions are effective in improving human rights practices.

This chapter explores the history and development of NHRIs and examines the role of the Paris Principles. It considers the effectiveness of these institutions as mechanisms of human rights protection and explores the institutional and environmental features that are required for NHRIs to work effectively.

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Notes

  1. 1.

    Now the “Global Alliance of National Human Rights Institutions.”

  2. 2.

    http://www.asiapacificforum.net/support/what-are-nhris/.

  3. 3.

    The General Assembly also requested that the Secretary-General submit a detailed report on NHRIs.

  4. 4.

    It is unclear exactly how many institutions existed prior to 1990. This is because it is difficult to be certain about the type and number of institutions in Africa at the time. For all other regions there were only eight:

    • three in Asia-Pacific (New Zealand, Australia and the Philippines)

    • three in the Americas (Canada, Mexico and Guatemala)

    • two in Europe (France and Denmark)

    In Africa there were 3 institutions which could possibly be added to the tally taking the total to 11 (Benin, Togo and Morocco).

  5. 5.

    “If you give birth to a human rights commission in a climate of ignorance and lack of understanding, potential hostility and suspicion, this will prove to be problematic; people will not understand the role of such a commission.”

  6. 6.

    For example, the role of GANHRI and the APF.

References

  • Burdekin, Brian, & Naum, Jason. 2007. National human rights institutions in the Asia-Pacific region. Leiden; Boston: Martinus Nijhoff Publishers

    Google Scholar 

  • Commonwealth Secretariat. 2001. National Human Rights Institutions: Best Practice.

    Google Scholar 

  • ECOSOC. 1946. Resolution 2/9 of 21 June.

    Google Scholar 

  • ———. 1960. Resolution 772B(XXX) of 25 July.

    Google Scholar 

  • International Council on Human Rights Policy. 2004. Performance & Legitimacy: National Human Rights Institutions, Geneva.

    Google Scholar 

  • Mandela, N. 1994. Long Walk to Freedom: The Autobiography of Nelson Mandela.

    Google Scholar 

  • Office of the High Commissioner for Human Rights (OHCHR). 1993. Fact Sheet No. 19, National Institutions for the Promotion and Protection of Human Rights.

    Google Scholar 

  • Renshaw, C, Byrnes, A, Durbach, A. 2010. Human Rights Protection in the Pacific: The Emerging Role of National Human Rights Institutions in the Region, New Zealand Journal of Public International Law, Vol. 8, No. 1.

    Google Scholar 

  • Roosevelt, F.D., & Churchill, W.S. 1941. Atlantic Charter, Newfoundland.

    Google Scholar 

  • Spencer, S. 2002. Access to Information Powers (Unpublished paper presented at the Scottish Executive Conference, Establishing our Rights, Roles for Scotland’s Human Rights Commission, Edinburgh, Scot., 17 Feb. 2002).

    Google Scholar 

  • The International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights’ Subcommittee on Accreditation. 2013. Report and Recommendations of the Session of the Sub-Committee on Accreditation (SCA) Geneva 13–16 May 2013. Accessed 10 August 2017 at: http://nhri.ohchr.org/EN/AboutUs/GANHRIAccreditation/Documents/Report%20May%202013-Consolidated-English.pdf.

  • United Nations. 1942. The Declaration by United Nations, Washington.

    Google Scholar 

  • United Nations General Assembly. 1978. A/Res/33/46 of 14 December.

    Google Scholar 

  • ———. 1993. Principles relating to the Status of National Institutions (The Paris Principles) adopted by resolution 48/134 of 20 December.

    Google Scholar 

  • United Nations World Conference on Human Rights. 1993. Vienna Declaration and Programme of Action a/conf.157/23, Vienna.

    Google Scholar 

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White, M.J.V. (2020). National Human Rights Institutions: From Idea to Implementation. In: Gomez, J., Ramcharan, R. (eds) National Human Rights Institutions in Southeast Asia. Palgrave Macmillan, Singapore. https://doi.org/10.1007/978-981-15-1074-8_2

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