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NHRI Models

NHRI Models. Is there a magic formula? Challenges and Practical Aspects. Different Options. Therefore: Various institutions, yet emphasis on common standards to measure their work

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NHRI Models

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  1. NHRI Models Is there a magic formula? Challenges and Practical Aspects

  2. Different Options Therefore: Various institutions, yet emphasis on common standards to measure their work - Important to consider differences incl. advisory body to government, dealing with individual complaints, those dealing with all human rights or focusing on a single issue • Commissioner • Commission (UK) • Agency (FRA) • Ombudsman • Offices/Units • Councils • Institutes (the Danish)

  3. Effectiveness of NHRIs Broad mandate (civil, cultural, economic, political, social rights) Deal with most pertinent issues of the day All encompassing jurisdiction Power to monitor compliance with recommendations Adequate budgetary resources Develop links Deal with complaints speedily and efficiently • Public legitimacy (legal and popular) • Accessible • Open Organizational Culture • Integrity and quality of staff • Diverse staff (gender, linguistic, ethnic, less able) • Consult with civil society • Treat human rights issues systematically

  4. Measuring Effectiveness Benchmarks Indicators Tools that measure the institutions performance in relation to objectives and benchmarks Used over time and relative to other matters Provides information about progress SMART though with a WARNING (77) • Minimum attributed regarding legal foundation, membership, mandate, funding etc • Should be well defined and if met fundamental purpose and specific objectives achieved • Minimum conditions that need to be in place

  5. NHRI in new democracies Political compromise between ruling parties Peace agreement/peace settlement (Bosnia and Northern Ireland) Lack of consultation with CSOs Being able to withstand political pressure • New constitutional order strong mandate so institution belongs to the nation (Ghana & S. Africa) • Some Public Consultation • International presence & guidance (Bosnia Herzegovina and Kosovo)

  6. Challenges • Complex legal order (national, international and supranational) • Lack of capacities (internal/external) • Lack of sufficient budgets • Lack of awareness • Interference and political pressure • Too many mechanisms doing the same thing? • Too many cases?

  7. HR Mechanisms in Kosovo Office for Good Governance, Human Rights, Equal Opportunities and Gender Human Rights Units in Ministries (OGG) Human Rights Units in Municipalities (MLGA) 2 parliamentary committees Consultative Councils for Minorities • Ombudsperson Institution with 5 deputies and regional offices • Centre for Equal Treatment?! • Data Protection Agency • Language Commissioners • Agency for Gender Equality • Labour Inspectorate

  8. Yet progress report 2011 • Promotion and enforcement of human rights remain a major challenge. Training has been organised to build up the capacity of the human rights units. • The enforceability of legal and administrative remedies for human rights infringements needs to be improved at all levels. • The range of institutions and bodies dealing with human rights at central and municipal levels is too dispersed and at times overlapping. • Communication and coordination between the different institutions and bodies dealing with human rights at central and local levels and with the Ombudsperson are weak. • These bodies need to be streamlined and their mandate clarified in order to make better use of their limited expertise and resources.

  9. Continued… • Overall, this area remains a major challenge. • The institutional set-up promoting and enforcing human rights needs to be simplified. • Appropriate resources need to be allocated. • Efforts to enhance monitoring and reporting mechanisms need to be stepped up and to focus on improving the enforcement of existing legislation and policies. • Ensuring full respect for human rights is a key European Partnership priority.

  10. Practical Aspects Keeping complaining in public about conditions/facilities to a minimum Seeking innovative ways to address issues such as lack of budget Constantly seeking to raise capacities Cooperating with CSOs without prejudicing impartiality • Independence, Integrity & Impartiality • Utilizing mandate to the fullest extent & being proactive (ex-officio, research, compatibility/harmonisation) • Accessibility/Openness and Cooperation • Open-mindedness incl. when criticized • Utilizing the media to raise important and urgent issues • Ensuring appropriate comparisons are made

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