New developments in NHRI accreditation
The ICC Sub-Committee on Accreditation has developed three new General Observations to provide guidance to national human rights institutions.
At the 22nd Meeting of the International Coordinating Committee of NHRIs (ICC), held in Geneva from 23 - 27 March, the organisation’s Sub-Committee on Accreditation presented three new General Observations developed at its November 2008 session.
The General Observations addressed issues regarding ‘annual, special or thematic reports’, ‘administrative regulation and independence’ and ‘annual reports’.
Over the past few years, the Sub-Committee on Accreditation has developed a series of General Observations that are intended to:
- provide guidance to NHRIs in developing their own processes and mechanisms
- assist governments in addressing issues relating to an institution’s compliance with the Paris Principles, and
- guide the Sub-Committee on Accreditation in its determination of new accreditation applications, re-accreditation applications or special reviews.
There are currently 24 General Observations dealing with broad range
of compliance issues.
November 2008 Observations
Guidance
At its November 2008 session, the SCA developed three additional General Observations.
The first Observation, dealing with ‘annual, special or thematic reports’, recognises that the work of a national institution in promoting and protecting human rights does not stop at the completion of a report. It highlights the need for institutions to continually monitor consideration of its reports and recommendations and to consider and undertake the necessary follow up action with governments and relevant parties.
The second Observation, dealing with ‘administrative regulation’, recognises that a level of regulation is important in ensuring operational efficiency and financial accountability, but notes that such regulation should not be disproportionate to that imposed on other government agencies, nor should it impact adversely on the independent operation of the national institution.
The third Observation deals specifically with ‘Annual Reports’. It highlights the importance of the timely publication of such reports in documenting the observance of human rights in the country and recording the activities of the national institution in this regard. It notes further the difficulty in assessing a national institution in the absence of recent annual reports.
A complete collection of the SCA General Observations can be obtained from Annex 2 and 3 of the November 2008 SCA report, available at: http://www.nhri.net/2009/Report%20Sub-Committee%20November%202008%20-%20E.pdf
ICC accreditation process
The Sub-Committee on Accreditation is responsible for assessing national human rights institutions against the UN endorsed Paris Principles.
Institutions considered structurally and operationally compliant with the Paris Principles may become full members of the ICC. They are also recognised as having participatory rights in the United Nations Human Rights Council and related bodies.
The process of review involves a number of steps. First, the Sub-Committee reviews documentation submitted by the NHRI and other stakeholders (including civil society). Where issues are unclear, the Sub-Committee may contact the applicant by telephone and request additional information.
The Sub-Committee then prepares a report highlighting any issues of concern and a recommendation as to the level of Paris Principles compliance: ‘A’ – full compliance; ‘B’ – partial compliance; and ‘C’ – not in compliance.
Once the Sub-Committee review is completed, its report and recommendation are provided to the applicant institution, which has 28 days to comment. The report, recommendation and any comments are then sent to the ICC Bureau for consideration and the Bureau must make a final decision within a further 20 days.
March 2009 review
The ICC Sub-Committee on Accreditation met recently in Geneva from 26-31 March 2009 to consider ten applications for either initial accreditation or a review of an existing accreditation. Of those ten, four came from the Asia Pacific region: Sri Lanka, Qatar, Palestine and Malaysia.
A decision on the ten institutions under review is expected in
late May 2009, with the results to be made public at that
time.
