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THE
PARIS PRINCIPLES
Commission
on Human Rights resolution 1992/54 of 3 March 1992, annex.
1 (Official Records of the Economic and Social Council, 1992
Supplement No.2 (E/1992/22). chap.11. sect. A); General Assembly
resolution 48/134 of 20 December 1993, annex.
Competence
and Responsibilities
| 1. |
A national institution shall be vested with competence
to promote and protect human rights. |
| 2. |
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. |
| 3. |
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 provisions relating to judicial organization,
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; |
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| (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 co-operate 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. |
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Composition
and Guarantees of Independence and Pluralism
| 1. |
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 co-operation to be established
with, or through the presence of, representatives of:
| (a) |
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; |
| (b) |
Trends in philosophical or religious thoughts; |
| (c) |
Universities and qualified experts; |
| (d) |
Parliament; |
| (e) |
Government departments (if they are included, these
representatives should participate in the deliberations
only in advisory capacity). |
|
| 2. |
The national institution shall have an infrastructure
with 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 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 assessing 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 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 non-governmental
organizations in expanding the work of national institutions,
develop relations with non-governmental organizations
devoted to promoting and protecting human rights, economic
and social development, to combating 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 organization.
In such circumstances, and without prejudice to the principles
stated above concerning the other powers of the commission,
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 filled 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. |
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