National Human Rights Institutions

1. National Human Rights Institutions – history, purpose and functioning–

2. National Human Rights Institutions: History The promotion and protection of human rights were the reasons for the establishment of the United Nations, while history speaks of the National Human Rights Institutions as an idea preceding the preparation of the Universal Declaration of Human Rights. In this regard, the development and creation of NHRIs is characterized by the following key events: -1946:The Economic and Social Council calls upon the UN Member States contemplate on the idea of forming National Committees on Human Rights - 1978:The Human Rights Council drafts a document containing directions on the structure and functioning of the national institutions. After its adoption, the General Assembly calls upon Member States to form the institutions

3. National Human Rights Institutions: History - 1991:The first workshop on the National institutions for the promotion and protection of human rights takes places in Paris. The result was the adoption of the Paris Principles – widely accepted standards against which the legitimacy and credibility of national institutions is measured -1993:Key year for the National institutions. The Paris Principles are formally recognized and the network of these institutions, formed in 1991, is consolidated. The International Coordinative Committee for the National institutions for the promotion and protection of human rights is established as a non-profit organization outside of the frame of the UN, but with a representative in the UN in Geneva, as well as the UN High Commissioner for Human Rights. The ICC coordinates the activities between the National institutions and the High Commissioner, and has a special accreditation system, through its Sub-committee on accreditation, evaluating the institutions against the Paris Principles

4. Definition and names of NHRIs • Definition:“A National Institution for Human Rights represents a government body, established by constitution or law, with the mandate to protect and promote human rights. The institutions are parts of the government apparatus and are financed by the state in which they are formed “ • 2. Most common names for NHRIs:- Civil Rights Defender • - Human Rights Commissioner- Human Rights Commission- Institute or Centre for Human Rights- Ombudsman/Ombudsperson/People’s Defender- Parliamentary Ombudsman or Human Rights Commissioner- Public Attorney/Prosecutor for Human Rights- Parliamentary Advocate for Human Rights • Conclusion:According to UN data, although the names of national institutions vary in Member States, Human Rights Commission and Ombudsman are the most common names

5. NHRI Models Although there is no unique model for creating an NHRI, there are three recognizable models according to which states determine the mandate of an institution. The differences between models refer to the legal framework, procedures and jurisdictions of the institutions, and therefore we differentiate three models: 1. “Basic” or “Classic” model 2. So-called “Rule of Law” model 3. So-called “Human Rights” model

6. The Paris Principles • UN Member states are required to create national institutions to carry out the obligations taken in accordance with the International Law, coming from the Paris Principles, which are: • Protection and monitoring of the human rights situation in the country • Institutions should promote, advise, and reveal the violations of human rights to the relevant institutions such as the Government, Representative bodies or any other competent bodies responsible for implementing international obligations • To have a broad mandate and independence from government • Independence, especially financial independence • Pluralism • Adequate resources • Adequate investigating competences • Cooperation with regional and international organizations for the exchange of good practices

7. Paris Principles • 4. Institutions have the mandate to inform and educate in the area of human rights • Some institutions may be given quasi-judicial competences • The main guiding elements for the institutions must be independence and pluralism. • .

8. Accreditation process for NHRIs • Меѓународниот координативен комитет на национални институции за • човекови права е формиран 1993 во Тунис. The ICC for NHRIs was established in Tunisia in 1993. It is an independent international organization with the purpose of promoting and strengthening NHRIs in their work in accordance with the Paris Principles. It includes the Sub-committee on Accreditation as a specialized body for evaluating, analyzing and monitoring NHRIs and their work in accordance with the Principles. • The Sub-committee works with its own methodology through which it evaluates the level of implementation of the Principles and classifies institution along three categories: • Category A:The NHRI works in full compliance with the Paris Principles • Category B:The NHRI does not work in full compliance with the Paris Principles or has submitted insufficient data • Category C:The NHRI does not work in compliance with the Paris Principles • From the 2011 data, the ICC consists of 99 NHRI, 69 of which are accredited in the Category A, 20 in Category B, and 10 in Category C.

9. National Human Rights Institution in the Republic of Macedonia THE ACCREDITATION PROCESS OF THE MACEDONIAN NHRI WHAT MODEL FOR MACEDONIA?

10. Conclusion ...........