Appendix 3
The `Paris Principles' – principles relating to the status of national
institutions – competence and responsibilities
- A national institution shall be vested with competence to promote
and protect human rights.
- A national institution shall be given as broad a mandate as possible,
which shall be clearly set forth in a constitutional or legislative
text, specifying its composition and its sphere of competence.
- A national institution shall, inter alia, have the following responsibilities:
a) To submit to the Government, Parliament and any other competent
body, on an advisory basis either at the request of the authorities
concerned or through the exercise of its power to hear a matter without
higher referral, opinions, recommendations, proposals and reports on
any matters concerning the promotion and protection of human rights;
the national institution may decide to publicize them; these opinions,
recommendations, proposals and reports, as well as any prerogative of
the national institution, shall relate to the following areas;
i) Any legislative or administrative provisions, as well as provisions
relating to judicial organisations, intended to preserve and extend
the protection of human rights; in that connection, the national institution
shall examine the legislation and administrative provisions in force,
as well as bills and proposals, and shall make such recommendations
as it deems appropriate in order to ensure that these provisions conform
to the fundamental principles of human rights; it shall, if necessary,
recommend the adoption of new legislation, the amendment of legislation
in force and the adoption or amendment of administrative measures;
ii) Any situation of violation of human rights which it decides to
take up;
iii) The preparation of reports on the national situation with regard
to human rights in general, and on more specific matters;
iv) Drawing the attention of the Government to situations in any
part of the country where human rights are violated and making proposals
to it for initiatives to put an end to such situations and, where
necessary, expressing an opinion on the positions and reactions of
the Government;
b) To promote and ensure the harmonization of national legislation
regulations and practices with the international human rights instruments
to which the State is a party, and their effective implementation;
c) To encourage ratification of the above-mentioned instruments or
accession to those instruments, and to ensure their implementation;
d) To contribute to the reports which States are required to submit
to United Nations bodies and committees, and to regional institutions,
pursuant to their treaty obligations and, where necessary, to express
an opinion on the subject, with due respect for their independence;
e) To cooperate with the United Nations and any other organization
in the United Nations system, the regional institutions and the national
institutions of other countries that are competent in the areas of the
promotion and protection of human rights;
f) To assist in the formulation of programmes for the teaching of,
and research into, human rights and to take part in their execution
in schools, universities and professional circles;
g) To publicize human rights and efforts to combat all forms of discrimination,
in particular racial discrimination, by increasing public awareness,
especially through information and education and by making use of all
press organs.
Composition and guarantees of independence and pluralism
- The composition of the national institution and the appointment of
its members, whether by means of an election or otherwise, shall be
established in accordance with a procedure which affords all necessary
guarantees to ensure the pluralist representation of the social forces
(of civilian society) involved in the promotion and protection of human
rights, particularly by powers which will enable effective cooperation
to be established with, or through the presence of, representatives
of:
h) Non-governmental organizations responsible for human rights and
efforts to combat racial discrimination, trade unions, concerned social
and professional organizations, for example, associations of lawyers,
doctors, journalists and eminent scientists;
i) Trends in philosophical or religious thoughts;
j) Universities and qualified experts;
k) Parliament;
l) Government departments (if these are included, their representatives
should participate in the deliberations only in an advisory capacity).
2. The national institution shall have an infrastructure which is suited
to the smooth conduct of its activities, in particular adequate funding.
The purpose of this funding should be to enable it to have its own staff
and premises, in order to be independent of the Government and not be
subject to financial control which might affect its independence.
3. In order to ensure a stable mandate for the members of the national
institution, without which there can be no real independence, their appointment
shall be effected by an official act which shall establish the specific
duration of the mandate. This mandate may be renewable, provided that
the pluralism of the institution's membership is ensured.
Methods of operation
Within the framework of its operation, the national institution shall:
a) Freely consider any questions falling within its competence, whether
they are submitted by the Government or taken up by it without referral
to a higher authority, on the proposal of its members or of any petitioner;
b) Hear any person and obtain any information and any documents necessary
for accessing situations falling within its competence;
c) Address public opinion directly or through any press organ, particularly
in order to publicize its opinions and recommendations;
d) Meet on a regular basis and whenever necessary in the presence of
all its members after they have been duly convened;
e) Establish working groups from among its members as necessary, and
set up local or regional sections to assist it in discharging its functions;
f) Maintain consultation with the other bodies, whether jurisdictional
or otherwise, responsible for the promotion and protection of human
rights (in particular ombudsmen, mediators and similar institutions);
g) In view of the fundamental role played by the non-governmental organizations
in expanding the work of the national institutions, develop relations
with the non-governmental organizations devoted to promoting and protecting
human rights, to economic and social development, to combatting racism,
to protecting particularly vulnerable groups (especially children, migrant
workers, refugees, physically and mentally disabled persons) or to specialized
areas.
Additional principles concerning the status of commissions with quasi-jurisdictional
competence
A national institution may be authorized to hear and consider complaints
and petitions concerning individual situations. Cases may be brought before
it by individuals, their representatives, third parties, non-governmental
organizations, associations of trade unions or any other representative
organizations. In such circumstances, and without prejudice to the principles
stated above concerning the other powers of the commissions, the functions
entrusted to them may be based on the following principles:
a) Seeking an amicable settlement through conciliation or, within the
limits prescribed by the law, through binding decisions or, where necessary,
on the basis of confidentiality;
b) Informing the party who filed the petition of his rights, in particular
the remedies available to him, and promoting his access to them;
c) Hearing any complaints or petitions or transmitting them to any
other competent authority within the limits prescribed by the law;
d) Making recommendations to the competent authorities, especially
by proposing amendments or reforms of the laws, regulations and administrative
practices, especially if they have created the difficulties encountered
by the persons filing the petitions in order to assert their rights.