National human rights institution

A National human rights institution (NHRI) is an independent institution bestowed with the responsibility to broadly protect, monitor and promote human rights in a given country. The growth of such bodies has been encouraged by the Office of the United Nations High Commissioner for Human Rights (OHCHR) which has provided advisory and support services, and facilitated access for NHRIs to the UN treaty bodies and other committees.^[1] There are over 100 such institutions, about two-thirds assessed by peer review as compliant with the United Nations standards set out in the Paris Principles. Compliance with the Principles is the basis for accreditation at the UN, which, uniquely for NHRIs, is not conducted directly by a UN body but by a sub-committee of the International Coordinating Committee of National Human Rights Institutions (ICC). The secretariat to the review process (for initial accreditation, and reaccreditation every five years) is provided by the National Institutions and Regional Mechanisms Section of the OHCHR.^[2]

NHRIs can be grouped together in two broad categories: human rights commissions and ombudsmen. While most ombudsman agencies have their powers vested in a single person, human rights commissions are multi-member committees, often representative of various social groups and political tendencies. They are sometimes set up to deal with specific issues such as discrimination, although some are bodies with very broad responsibilities. Specialised national institutions exist in many countries to protect the rights of a particular vulnerable group such as ethnic and linguistic minorities, indigenous peoples, children, refugees persons with disabilities or women.

However, in general terms national human rights institution have an explicit and specific human rights mandate and a broader mandate, which could include research, documentation and training and education in human rights issues, than the classical ombudsman model which tends to work on handling complaints about administrative deficiencies. While all human rights violations are maladministration, only a small proportion of the workload of an ombudsman deals with violations of human rights standards.^[3]

In most countries, a constitution, a human rights act or institution-specific legislation will provide for the establishment of a national human rights institution. The degree of independence of these institutions depends upon national law, and best practice requires a constitutional or statutory basis rather than (for example) a presidential decree.

Nations human rights institutions are also referred to by the Vienna Declaration and Programme of Action^[4] and the Convention on the Rights of Persons with Disabilities^[5]

Functions of NHRIs

Special commissions have been established in many countries to ensure that laws and regulations concerning the protection of human rights are effectively applied. Commissions tend to be composed of members from diverse backgrounds, often with a particular interest, expertise or experience in the field of human rights.

Human rights commissions are concerned primarily with the protection of those within the jurisdiction of the state against discrimination or mistreatment, and with the protection of civil liberties and other human rights. Some commissions concern themselves with alleged violations of any rights recognized in the constitution and/or in international human rights instruments.

One of the most important functions vested in many human rights commissions is to receive and investigate complaints from individuals (and occasionally, from groups) alleging human rights abuses committed in violation of existing national law. While there are considerable differences in the procedures followed by various human rights commissions in the investigation and resolution of complaints, many rely on conciliation or arbitration. It is not unusual for a human rights commission to be granted authority to impose a legally binding outcome on parties to a complaint. If no special tribunal has been established, the commission may be able to transfer unresolved complaints to the normal courts for a final determination.

NHRIs are usually able to deal with any human rights issue directly involving a public authority. In relation to non-state entities, some national human rights institutions have at least one of the following functions:

addressing grievances or disputes involving certain kinds of company (for instance state-owned enterprises, private companies providing public services, or companies that operate at the federal level)
addressing only certain types of human rights issue (for instance non-discrimination or labour rights)
addressing complaints or disputes raising any human rights issue and involving any company.^[6]

The degree to which the recommendations or rulings produced by a human rights institution can be enforced varies based on the human rights climate surrounding the institution.

Another important function of a human rights commission is systematically to review a government's human rights policy in order to detect shortcomings in human rights observance and to suggest ways of improving. This often includes human rights proofing of draft legislation, or policies.

Human rights commissions may also monitor the state's compliance with its own and with international human rights laws and if necessary, recommend changes. The realization of human rights cannot be achieved solely through legislation and administrative arrangements; therefore, commissions are often entrusted with the important responsibility of improving community awareness of human rights.

According to the Paris Principles, the 'National human rights institutions' are obliged to make "preparation of reports on the national situation with regard to human rights in general, and on more specific matters;" and this is mostly done in annual status reports.^[7]

Promoting and educating about human rights may involve informing the public about the commission's own functions and purposes; provoking discussion about various important questions in the field of human rights; organizing seminars; holding counselling services and meetings; as well as producing and disseminating human rights publications.

Not all of the following NHRIs are accredited through the ICC.

Afghanistan: Afghan Independent Human Rights Commission
Albania: People's Advocate
Algeria: National Human Rights Commission of Algeria
Angola: Justice and Rights Ombudsman (Provedor de Justiça e de direitos)
Antigua and Barbuda: Office of the Ombudsman
Argentina: Public Defender (Defensoría del Pueblo de la Nación Argentina) (Ombudsman)
Armenia: Human Rights Defender of the Republic of Armenia
Australia: Australian Human Rights Commission
Austria: Austrian Ombudsman Board
Azerbaijan: Human Rights Commissioner
Barbados: Ombudsman
Bangladesh: National Human Rights Commission
Belgium: Centre for equal opportunities and opposition to racism
Belize: Office of the Ombudsman
Bénin: Bénin Human Rights Commission
Bermuda: Bermuda Ombudsman
Bolivia: Public Defender (Defensor del Pueblo)
Bosnia and Herzegovina: Human Rights Chamber for Bosnia and Herzegovina (pre-2003 cases); Human Rights Ombudsman of Bosnia and Herzegovina (current cases)
Bulgaria: Bulgarian Parliamentary Ombudsman
Burkina Faso: National Human Rights Commission of Burkina Faso
Cameroon: National Commission on Human Rights and Freedoms
Canada: Canadian Human Rights Commission
Chad: Chad National Human Rights Commission
Colombia: Ombudsman's Office of Colombia
Democratic Republic of the Congo: National Human Rights Observatory (DR Congo)
Republic of the Congo: National Human Rights Commission (Republic of the Congo)
Costa Rica: Defender of the Inhabitants (Defensoria de los Habitantes)
Croatia: Office of the Croatian Ombudsman
Cyprus: National Institute for the Protection of Human Rights
Czech Republic: Public Defender of Rights (Czech Republic)
Denmark: Danish Institute for Human Rights
Ecuador: Defensoría del Pueblo del Ecuador
Egypt: National Council for Human Rights
El Salvador: Human Rights Procurator (Procuraduría de Defensa de los Derechos Humanos)
Ethiopia: Ethiopian Human Rights Commission
Fiji: Fiji Human Rights Commission
Finland: Parliamentary Ombudsman
France: Commission nationale consultative des droits de l'homme
Gabon: National Human Rights Commission
Georgia: Office of Public Defender of Georgia
Germany: German Institute for Human Rights (Deutsches Institut für Menschenrechte)
Ghana: Commission on Human Rights and Administrative Justice CHRAJ
Great Britain (UK): Equality and Human Rights Commission (EHRC) - see also Scotland
Greece: National Human Rights Commission (Εθνική Επιτροπή για τα Δικαιώματα του Ανθρώπου)
Guatemala: Procurator for Human Rights (Procurador de los Derechos Humanos)
Guyana: Office of the Ombudsman
Haiti: Office de la Protection du Citoyen
Honduras: National Human Rights Commissioner (Comisionado Nacional de Derechos Humanos)
Hong Kong: Equal Opportunities Commission (Hong Kong)
Hungary: Parliamentary Commissioner on the Rights of National and Ethnic Minorities (Hungary)
India: National Human Rights Commission (India)
Indonesia: National Commission on Human Rights (Komnas HAM)
Iran: Defenders of Human Rights Center; Islamic Human Rights Commission
Ireland: Irish Human Rights and Equality Commission
Italy: Commissione per i Diritti Umani
Jamaica: Office of the Public Defender (Jamaica)
Jordan: National Centre for Human Rights (Jordan)
Kazakhstan: Commissioner for Human Rights
Kenya: Kenya National Commission on Human Rights (KNCHR)
Korea, Republic of: National Human Rights Commission of Korea
Kosovo (Under United Nations Administration via UN Resolution 1244): Ombudsperson Institution in Kosovo
Kyrgyzstan: Ombudsman of the Kyrgyz Republic
Latvia: Rights' Defender
Lithuania: The Seimas Ombudsmen
Luxembourg: Consultative Commission of Human Rights (Luxembourg)
Macedonia: Human Rights Ombudsman of Macedonia
Madagascar: National Human Rights Commission (Madagascar)
Malawi: Malawi Human Rights Commission
Malaysia: Human Rights Commission of Malaysia (SUHAKAM)
Maldives: Human Rights Commission of the Maldives
Mali: Commission nationale consultative des droits de l’homme (Mali)
Mauritania: Commissariat aux Droits de l’Homme, a la Lutte contre la Pauvreté et l’Insertion (Mauritania)
Mauritius: National Human Rights Commission (Mauritius)
Mexico: National Human Rights Commission (Mexico)
Moldova: Centre for Human Rights of Moldova
Mongolia: National Human Rights Commission (Mongolia)
Montenegro: Office of the Ombudsman of the Republic of Montenegro
Morocco: National Human Rights Council
Myanmar (Burma): Myanmar National Human Rights Commission
Namibia: Office of the Ombudsman (Namibia)
Nepal: National Human Rights Commission (Nepal)
Netherlands: Equal Treatment Commission (Netherlands)
New Zealand: Human Rights Commission (HRC)
Nicaragua: Human Rights Procurator (Procuraduría para la Defensa de los Derechos Humanos)
Niger: Nigerien National Commission on Human Rights and Fundamental Liberties
Nigeria: National Human Rights Commission (Nigeria)
Northern Ireland (UK): Northern Ireland Human Rights Commission (NIHRC)
Norway: Norwegian Centre for Human Rights (Short-form name: SMR)
Palestine: Palestinian Independent Commission for Citizen's Rights
Panama: Defensoría del Pueblo de la República de Panamá
Paraguay: Defensoría del Pueblo de la República del Paraguay
Peru: Public Defender (Defensoría del Pueblo)
Philippines: Commission on Human Rights (Philippines)
Poland: Commissioner for Civil Rights Protection (ombudsman)
Portugal: Provedor de Justiça
Puerto Rico: Oficina del Procurador del Ciudadano
Qatar: National Committee for Human Rights (Qatar)
Romania: Ombudsman (Avocatul Poporului)
Russia: Commissioner on Human Rights in the Russian Federation
Rwanda: National Commission for Human Rights (Rwanda)
Saint Lucia: Office of the Parliamentary Commissioner (St Lucia)
Scotland (UK): Scottish Human Rights Commission (SHRC) - see also Great Britain
Senegal: Senegalese Committee for Human Rights
Serbia: Office of the Ombudsman of the Republic of Serbia
Sierra Leone: Human Rights Commission of Sierra Leone
Slovakia: Slovak National Centre for Human Rights
Slovenia: Human Rights Ombudsman (Slovenia)
South Africa: South African Human Rights Commission (SAHRC); Commission for the Promotion and Protection of the Rights of Cultural, Religious and Linguistic Communities (CRL Rights Commission); Commission for Gender Equality (CGE); Public Protector
Spain: Defensor del Pueblo (Ombudsman)
Sri Lanka: National Human Rights Commission (Sri Lanka)
Sudan: Southern Sudan Human Rights Commission
Sweden: Parliamentary Ombudsman (JO); Children's Ombudsman (Sweden) (BO); Discrimination Ombudsman (Sweden) (DO)
Switzerland: Federal Commission against Racism (Switzerland)
Tanzania: Commission for Human Rights and Good Governance (Tanzania)
Thailand: National Human Rights Commission (Thailand)
Timor Leste: Office of the Provedor for Human Rights and Justice (Timor Leste)
Togo: National Human Rights Commission (Togo)
Trinidad and Tobago: Office of the Ombudsman of Trinidad and Tobago
Tunisia: Higher Committee on Human Rights and Fundamental Freedoms (Tunisia)
Uganda: Uganda Human Rights Commission (UHRC)
Ukraine: Commissioner for Human Rights
United Kingdom: see Great Britain; Northern Ireland; Scotland
United States: United States Commission on Civil Rights
Uzbekistan: Authorized Person of the Oliy Majlis of the Republic of Uzbekistan for Human Rights (Ombudsman)
Venezuela: Defensoría del Pueblo (Venezuela)
Zambia: Permanent Human Rights Commission (Zambia)

Regional groupings of NHRIs

International Ombudsman Institute
Network of African National Human Rights Institutions (NANHRI)
Asia Pacific Forum of National Human Rights Institutions (APF)
European Group of National Human Rights Institutions
Network of National Institutions in the Americas

Sub-national human rights institutions

Australia

Anti-Discrimination Board of New South Wales

Victorian Equal Opportunity and Human Rights Commission

Equal Opportunity Commission (South Australia)

Equal Opportunity Commission (Western Australia)

Anti-Discrimination Commission Queensland

Office of Anti-Discrimination Commissioner (Tasmania)

Human Rights Commission (Australian Capital Territory)

Northern Territory Anti-Discrimination Commission

Canada

Alberta Human Rights and Citizenship Commission

British Columbia Human Rights Tribunal

Ontario Human Rights Commission

United Kingdom

The three UK bodies (Great Britain, Northern Ireland, Scotland) are listed above as they are each recognised as NHRIs.

Spain

Catalonia: Síndic de Greuges (Ombudsman)

South Korea

Provincial and Metropolis level

Provincial Human Rights Promotion Commission (South Chungcheong Province)

Provincial Human Rights Promotion Commission (Gangwon Province)

Seoul Human Rights Commission

Human Rights Ombudsman (Gwangju)

Citizen Council for Human Rights Promotion is advisory council for the Ombudsman

Ulsan Human Rights Commission

Education

Human Rights Commission for Students, Gyeonggi Provincial Office of Education

Human Rights Advocate for Students (Gyeonggi Province)

Human Rights Commission for Students, Seoul Metropolitan Office of Education

Human Rights Advocate for Students (Seoul)

Notes

↑ ICC web pages, including a listing of over 100 institutions]
↑ http://www.ohchr.org/en/countries/nhri/pages/nhrimain.aspx OHCHR web page on NHRIs
↑ [Birgit Lindsnaes, Lone Lindholt, Kristine Yigen (eds.) (2001) National Human Rights Institutions, Articles and working papers, Input to the discussions of the establishment and development of the functions of national human rights institutions The Danish Institute for Human Rights.] Find book here
↑ Vienna Declaration and Programme of Action, Part II para 84
↑ Convention on the Rights of Persons with Disabilities, Article 33
↑ "National Human Rights Institutions".
↑ Paris Principles can be found here

External links

International Coordinating Committee (ICC) of National Human Rights Institutions - Official website for the ICC
UNHCHR Universal Declaration of Human Rights 1948
National Human Rights Institution (NHRI) Profiles (ACCESS Facility)

International human rights organisations and institutions

Types	Human rights group Human rights commission Human rights institutions Truth and reconciliation commission

International institutions	Committee on the Rights of the Child Committee on the Rights of Persons with Disabilities International Criminal Court Office of the United Nations High Commissioner for Human Rights UN Human Rights Committee UN Human Rights Council UN Security Council

Regional bodies	African Commission on Human and Peoples' Rights African Court on Human and Peoples' Rights African Court of Justice European Court of Human Rights European Committee for the Prevention of Torture Inter-American Commission on Human Rights Inter-American Court of Human Rights

Multi-lateral bodies	European Union Council of Europe Organisation of American States (OAS) UN High Commissioner for Refugees (UNHCR) UN Office for the Coordination of Humanitarian Affairs (UNOCHA) International Labour Organization (ILO) World Health Organization (WHO) UN Educational, Scientific and Cultural Organization (UNESCO) Joint UN Programme on HIV/AIDS (UNAIDS) UN Department of Economic and Social Affairs (UNDESA) Commission on the Status of Women (CSW) UN Population Fund (UNFPA) UN Children's Fund (UNICEF) UN Development Fund for Women (UNIFEM) UN Development Programme (UNDP) Food and Agriculture Organization of the UN (FAO) UN Human Settlements Programme (UN-HABITAT)

Major NGOs	Amnesty International FIDH Human Rights Watch International Committee of the Red Cross (ICRC) Emergency NGO Human Rights First

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