General Assembly: Grant participation rights to national human rights institutions

(New York) – The UN General Assembly should provide national human rights institutions (NHRIs) that are fully compliant with the Paris Principles (A-status NHRIs) with rights to participate in UN bodies and processes, says ISHR in a major new report launched in New York this week.

The report, ‘Promoting Participation: Why and how national human rights institutions should be allowed to contribute at the United Nations‘, details the ways in which NHRIs can ensure that UN human rights debates are informed by independent, expert advice about the human rights situation in Member States, and also better enable the implementation of UN-mandated human rights standards at the national level.

The General Assembly requested the Secretary General (A/Res/68/171) to focus his upcoming report on NHRIs on the current practice of NHRI participation at the UN, and the feasibility of extending those rights. This report will be discussed in the upcoming 70^th session of the General Assembly in September. 

‘National human rights institutions are legally-instituted independent bodies established by States for the promotion and protection of human rights. Their mandate and status is unique and they are key players in the furtherance of the principles of the UN Charter,’ said ISHR Board member and former Australian Human Rights Commissioner, Chris Sidoti ahead of the report launch at the Third Annual Seminar series for NHRIs, co-hosted by OHCHR, ICC, UNDP and the Permanent Mission of Germany to the UN in New York. 

National human rights institutions should comply with the Paris Principles, a set of minimum standards endorsed by the UN.  These Principles speak to the independence, effectiveness and credibility of NHRIs. These A-status NHRIs are national human rights experts mandated to provide independent advice to States on their compliance with international human rights obligations, as well as produce their own opinions and reports on human rights questions. They can provide UN bodies and mechanisms with information from the ground and provide an independent assessment of implementation of human rights obligations. 

The UN already benefits from their expertise in several bodies, most notably at the Human Rights Council in Geneva. At the Human Rights Council NHRIs can submit information to the Council and its-mechanisms, make oral statements and organise side events. In acknowledgement of their unique status and contribution, A-status NHRI’s participation rights were enhanced further in 2011. Their participation at the Council has been repeatedly welcomed by consensus by Member States and described as ‘increasingly important’.  With this acknowledgement of the value of NHRI contribution, States in Geneva have encouraged NHRIs in their efforts to seek to participate in other UN processes. 

NHRI participation has also been welcomed and facilitated in some General Assembly processes, such as the elaboration of the Convention on the Rights of Peoples with Disabilities. However, such participation has typically been ad hoc rather than systematised.

‘The Paris Principles require national institutions to cooperate with international human rights mechanisms. It is logical that the General Assembly should seek to assist A-status NHRIs to fulfil their mandate and cooperate fully and effectively with the UN, through the provision of participation rights in all relevant UN bodies and fora,’ Mr Sidoti said.

The General Assembly biennal resolution on NHRIs, led by traditional sponsor Germany, will provide an opportunity to reflect on the Secretary General’s recommendations, as well as the input of NHRIs, and civil society.

 ‘The Secretary General’s forthcoming report on the feasibility of NHRI participation in UN bodies and fora provides a unique opportunity for further discussion regarding the value of NHRI expertise to standard setting and global policy concerned with human rights. We urge States to acknowledge this contribution and take steps to formalise it,’ said ISHR’s Eleanor Openshaw. 

Contact: Eleanor Openshaw, International Service for Human Rights, on [email protected]