The Unique Position of National Human Rights Institutions: A Mixed Blessing?

Abstract

National Human Rights Institutions can play a key role in promoting and protecting human rights. They are able to do so by the unique position they occupy between government, civil society, and nongovernmental organizations (NGOs). However, this unique position which holds out opportunities for national human rights institutions also gives rise to problems for such institutions. National human rights institutions have to define and defend their role or space in relation to where they fit in with government and civil society. This can create difficulties for national human rights institutions with respect to their independence and accountability; two key concepts which are crucial for a national human rights institution's legitimacy, credibility, and ultimately its effectiveness. This article explores these challenges and opportunities using examples from different countries. It further draws out a more subtle understanding of independence and accountability by conceptually unearthing the different layers within the two concepts. In conclusion, a number of recommendations are made as to how national human rights institutions can maintain their independence, while engaging with and being accountable to both government and civil society. The article is supported in its conclusions by a series of semi-structured interviews with key institutional players in the national human rights institution world.

The Human Rights Commission of Ethiopia and Issues of Forced Evictions: A Case-oriented Study of its Practice

“…If there is no more friction between the institutions and their respective governments, such institution is not part of NHRI anymore 96 . It is thus vital for the legitimacy of particular NHRI not to yield to pressure, direct or indirectly, from a government agency in carrying out its role even if it pits it against the government 97 . Indeed, tackling controversial issues even if it brings the institution on collision course with the government or its agencies is the public legitimacy litmus test for a NHRI 98 .…”

The Demand for Reparations

“…Research has shown that ''when the state and its institutions have often broken down, or turned against its citizens-informal networks gain in significance'' in helping civilians in numerous ways (Harpviken 2009, 1). Civil society also plays a crucial role in the transitional justice process (e.g., see Hayner 2001;Bell and Keenan 2004;Smith 2006). The presence of social networks in the form of NGOs may help mitigate such risks (costs) to individuals (see Harpviken [2009] for the case of Afghanistan and Buford and Van der Merwe [2004] for the case of Namibia).…”

The political economy of human rights: the struggle over the establishment of a human rights commission in Israel

“…At the same time, the commissions' position and function with respect to non-governmental organizations is not sufficiently clear. 3 Over the years, a large number of these commissions have moved from handling complaints by legal means to handling them by means of mediation and conciliation. As a commission's mandate expands, it is less dependent on policy makers and relies more on the guiding principles on which it was founded.…”