APF members retain ICC accreditation standing

The five ‘A’ accredited APF member institutions reviewed in November 2008 by the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights (ICC) have all been recommended to have their accreditation status retained.

In the report of the ICC Sub-Committee on Accreditation, which was made public earlier this month:

• the national human rights institutions of Mongolia, Thailand and the Republic of Korea were recommended to be re-accredited as ‘A’ status institutions
• the national human rights institutions of Afghanistan and Nepal were also recommended to have their ‘A’ status accreditation confirmed following a review of specific issues.

The National Committee for Human Rights of Qatar had also applied for a review of its accreditation status, however its application has been re-scheduled for consideration in 2009.

‘A’ status accreditation means that a national human rights institution (NHRI) complies with the Paris Principles, which are internationally agreed standards required by NHRIs to effectively fulfil their role.

NHRIs that receive ‘A’ status accreditation are able to participate directly in all meetings of the UN Human Rights Council.

As part of new accreditation procedures adopted by the ICC in 2008, the Sub-Committee considered information provided by civil society organisations. These comments were shared with the NHRIs concerned, who were able to respond to the issues raised.

In total the accreditation status of 18 NHRIs, representing each of the four regional areas, was reviewed during the November 2008 session.

In its report, the ICC Sub-Committee encouraged all NHRIs to interact consistently with the international human rights system and to use the services of the ICC representative in Geneva when necessary.

It also highlighted the need for governments to provide adequate funding for the operation of their respective NHRIs, which should “to a reasonable degree, ensure the gradual and progressive realisation of the improvement of the institution’s operations and the fulfilment of their mandate.” 

The ICC sub-committee’s report has now been distributed to the ICC for discussion and adoption.

Report and Recommendations (November 2008 session)

Summaries of NHRIs reviewed (November 2008)

NHRI Status Chart (as at December 2008)

General Observations

As part of the November 2008 session, the ICC Sub-Committee also formulated the following three General Observations.

Recommendations by NHRIs

1. NHRI recommendations contained in annual, special or thematic human rights reports should normally be discussed within a reasonable amount of time, not to exceed six months, by the relevant government ministries as well as the competent parliamentary committees. These discussions should be held especially in order to determine the necessary follow up action, as appropriate in any given situation.
2. NHRIs as part of their mandate to promote and protect human rights should promote the timely review and implementation of recommendations contained in their reports.
3. Administrative regulation
4. The classification of an NHRI as a public body has important implications for the regulation of its accountability, funding, and reporting arrangements. In cases where the administration and expenditure of public funds by an NHRI is regulated by the Government, such regulation must not compromise the NHRI’s ability to perform its role independently and effectively.
5. For this reason, it is important that the relationship between the Government and the NHRI be clearly defined.
6. NHRI annual reports
7. The Sub-Committee finds it difficult to review the status of an NHRI in the absence of a current annual report, that is, a report dated not earlier than one year before the time it is scheduled to undergo review by the Sub-Committee. The Sub-Committee stresses the importance for an NHRI to prepare and publicize an annual report on its national situation with regard to human rights in general, and on more specific matters.
8. This report should include an account of the activities undertaken by the NHRI to further its mandate during that year and should state its opinions, recommendations and proposals to address any human rights issues of concern.

9. APF participation

10. At the 2008 APF Annual Meeting, the Forum Council requested the secretariat to provide further assistance to the Asia Pacific’s regional representative on the ICC Accreditation Sub-Committee.
11. Following discussions with the ICC Chair, an invitation was subsequently extended to all regional coordinating bodies of NHRIs to attend the November session as observers.
12. Mr Greg Heesom, Legal Counsel with the APF secretariat, attended the November session and, with the permission of the sub-committee, was able to participate in all aspects of the meeting. 
13. At the request of APF members, a number of procedural issues were also raised, including procedural fairness and a request that NHRIs under review be provided with NGO reports prior to the meeting and in sufficient time for them to consider and formally respond to any issues raised.
14. The APF would like to thank the ICC Chair, the Accreditation Sub-Committee and the OHCHR National Institutions Unit for facilitating its attendance at the meeting.