RES/33/15 National institutions for the promotion and protection of human rights

GE.16-17376(E)



Human Rights Council Thirty-third session

Agenda item 8

Resolution adopted by the Human Rights Council on 29 September 2016

33/15. National institutions for the promotion and protection of

human rights

The Human Rights Council,

Recalling all relevant resolutions of the Human Rights Council, the General

Assembly and the Commission on Human Rights on national institutions for the promotion

and protection of human rights, including most recently Council resolution 27/18 of 24

September 2014 and General Assembly resolution 70/163 of 17 December 2015,

Reaffirming the importance of establishing and strengthening independent,

pluralistic national human rights institutions1 in accordance with the principles relating to

the status of national institutions for the promotion and protection of human rights (the

Paris Principles),

Reaffirming also the Vienna Declaration and Programme of Action adopted at the

World Conference on Human Rights on 25 June 1993, which reaffirmed the important and

constructive role played by national human rights institutions, in particular in their advisory

capacity to the competent authorities and their role in preventing and remedying human

rights violations, in the dissemination of human rights information, and education in human

rights,

Reaffirming further the important role that such national human rights institutions

play, and will continue to play, in promoting and protecting human rights and fundamental

freedoms, strengthening participation, in particular of civil society organizations, promoting

the rule of law, developing and enhancing public awareness of those rights and fundamental

freedoms, and contributing to the prevention of human rights violations and abuses,

1 National human rights institutions are the national institutions for the protection and promotion of

human rights referred to in the Vienna Declaration and Programme of Action and the principles

relating to the status of national institutions for the promotion and protection of human rights (the

Paris Principles).

Recognizing the importance of the independent voice of national human rights

institutions in promoting and protecting all human rights, including, in accordance with

their mandates, economic, social cultural, civil and political rights, particularly in the

context of implementation of the 2030 Agenda for Sustainable Development,2

Welcoming the valuable participation and the contribution of national human rights

institutions to all relevant United Nations mechanisms and processes, in accordance with

their respective mandates, including, currently, the Commission on the Status of Women,

the Conference of States Parties to the Convention on the Rights of Persons with

Disabilities and the Open-ended Working Group on Ageing, their continuing efforts in the

2030 Agenda for Sustainable Development and with regard to the follow-up to the

recommendations of international human rights mechanisms,

Commending the important role of the Office of the United Nations High

Commissioner for Human Rights in assisting the development of independent and effective

national human rights institutions, in accordance with the Paris Principles, and recognizing

in this regard the potential for strengthened and complementary cooperation among the

Office of the High Commissioner, the Global Alliance of National Human Rights

Institutions,3 regional networks of national human rights institutions and national human

rights institutions in the promotion and protection of human rights,

Welcoming the recent Mérida Declaration on the role of national human rights

institutions in implementing the 2030 Agenda for Sustainable Development, adopted at the

twelfth International Conference of Global Alliance of National Human Rights

Institutions,4 and inviting national human rights institutions to continue their work in

accordance with their mandates,

Welcoming also the strengthening in all regions of regional and cross-regional

cooperation among national human rights institutions, and between national human rights

institutions and other regional human rights forums,

1. Welcomes the most recent reports of the Secretary-General submitted to the

Human Rights Council on national human rights institutions5 and on the activities of the

Global Alliance of National Human Rights Institutions in accrediting national human rights

institutions in compliance with the Paris Principles;6

2. Encourages Member States to establish effective, independent and pluralistic

national human rights institutions or, where they already exist, to strengthen them to enable

the effective fulfilment of their mandate to promote and protect human rights and

fundamental freedoms for all, as outlined in the Vienna Declaration and Programme of

Action, and to do so in accordance with the Paris Principles;

3. Recognizes that, consistent with the Vienna Declaration and Programme of

Action, it is the right of each State to choose the framework for national institutions for the

promotion and protection of human rights that is best suited to its particular needs at the

national level in order to promote human rights in accordance with its international human

rights obligations and commitments;

2 General Assembly resolution 70/1.

3 Previously known as the International Coordinating Committee of National Institutions for the

Promotion and Protection of Human Rights.

4 See A/HRC/31/NI/14, annex.

5 A/HRC/33/33.

6 A/HRC/33/34.

4. Also recognizes the role of independent national human rights institutions in

working together with their Governments to ensure full respect for human rights at the

national level, including by contributing, as appropriate, to follow-up actions to the

recommendations made by international human rights mechanisms;

5. Encourages national human rights institutions to continue to play an active

role in preventing and combating all violations and abuses of human rights as enumerated

in the Vienna Declaration and Programme of Action and relevant international instruments;

6. Also encourages national human rights institutions to assist, advise and

engage with the State and other stakeholders in the prevention of violations and abuses of

human rights, including by promoting the ratification of international treaties, promoting

legal and procedural reforms, conducting practical and relevant human rights training and

education, and raising public awareness and advocacy about the promotion and protection

of human rights;

7. Stresses the importance of financial and administrative independence and the

stability of national human rights institutions for the promotion and protection of human

rights, and notes with satisfaction the efforts of those Member States that have provided

their national human rights institutions with more autonomy and independence, including

by giving them an investigative role or enhancing such a role, and encourages other

Governments to consider taking similar steps;

8. Also stresses that national human rights institutions and their respective

members and staff should not face any form of reprisal or intimidation, including political

pressure, physical intimidation, harassment or unjustifiable budgetary limitations, as a

result of activities undertaken in accordance with their respective mandates, including when

taking up individual cases or when reporting on serious or systematic violations in their

countries;

9. Recognizes the role that national human rights institutions can play in

preventing and addressing cases of reprisal as part of supporting cooperation between their

Governments and the United Nations in the promotion of human rights, including by

contributing, as appropriate, to follow-up actions to recommendations made by

international human rights mechanisms;

10. Calls upon States to promptly and thoroughly investigate any cases of alleged

reprisal or intimidation against members or staff of national human rights institutions or

against individuals who cooperate, seek to cooperate or have cooperated with them, and to

bring perpetrators to justice;

11. Welcomes the growing number of Member States establishing or considering

the establishment of national human rights institutions in accordance with the Paris

Principles, and welcomes in particular the large number of States that have accepted

recommendations to establish national human rights institutions at the universal periodic

review and, where relevant, by treaty bodies and special procedures;

12. Also welcomes the continuing number of national institutions seeking

accreditation status through the Global Alliance of National Human Rights Institutions, and

encourages national institutions, including ombudsman institutions, to seek accreditation

status;

13. Further welcomes the important role of the Global Alliance of National

Human Rights Institutions, in close cooperation with the Office of the United Nations High

Commissioner for Human Rights, in assessing conformity with the Paris Principles and in

assisting States and national institutions, when requested, to strengthen national human

rights institutions in accordance with the Paris Principles;

14. Encourages the Secretary-General to continue to give high priority to

requests from Member States for assistance in the establishment and strengthening of

national human rights institutions in accordance with the Paris Principles;

15. Welcomes the efforts made by the High Commissioner to strengthen United

Nations system-wide coordination in support of national human rights institutions,

including the tripartite partnership between the United Nations Development Programme,

the Office of the High Commissioner and the Global Alliance of National Human Rights

Institutions,7 and encourages all United Nations human rights mechanisms, and its agencies,

funds and programmes to work within their respective mandates with national human rights

institutions;

16. Calls upon the Secretary-General to continue to encourage national human

rights institutions to interact with and advocate for independent participation in all relevant

United Nations mechanisms and processes, in accordance with their respective mandates;

17. Recognizes the important role played by national human rights institutions in

the Human Rights Council, including its universal periodic review mechanism, in both

preparation and follow-up, and the special procedures, and in engaging with the human

rights treaty bodies, in accordance with General Assembly resolutions 60/251 of 15 March

2006 and 65/281 of 17 June 2011, Council resolutions 5/1 and 5/2 of 18 June 2007, Council

decision 19/119 of 22 March 2012 and Commission on Human Rights resolution 2005/74

of 20 April 2005;

18. Encourages national human rights institutions to continue to participate in

and contribute to the work of the Human Rights Council, including the universal periodic

review, and to continue to engage with the special procedures and treaty bodies by, inter

alia, providing parallel reports and other information;

19. Commends in particular the increasing engagement of national human rights

institutions at all stages of the universal periodic review, and encourages national human

rights institutions to monitor, promote and support the implementation of accepted

recommendations in their respective national contexts;

20. Welcomes the increased engagement between the special procedures and

national human rights institutions, including during country and follow-up visits and on

thematic reports, and encourages the deepening of such engagement, including through the

participation of national human rights institutions following the presentation of country

mission reports to the Human Rights Council;

21. Takes note of the decision of the Chairs of the human rights treaty bodies to

consider a common treaty body approach to engagement with national human rights

institutions at their twenty-ninth annual meeting, in 2017;8

22. Encourages the human rights treaty bodies, within their respective mandates

and in accordance with the treaties establishing these mechanisms, to continue to consider a

common treaty body approach to engaging national human rights institutions to ensure the

effective and enhanced participation by national human rights institutions compliant with

the Paris Principles at all relevant stages of their work;

23. Welcomes the endorsement by the General Assembly of the strengthening of

opportunities for national human rights institutions compliant with the Paris Principles to

7 General Assembly resolution 70/163, para. 19.

8 See A/71/270, para. 92.

contribute to the work of the Human Rights Council in its resolutions, including most

recently in Assembly resolution 70/163;

24. Commends the efforts made to date by all relevant United Nations

mechanisms and processes, in accordance with their respective mandates and in accordance

with General Assembly resolution 70/163, including the Commission on the Status of

Women, the Conference of States Parties to the Convention on the Rights of Persons with

Disabilities, the Open-ended Working Group on Ageing, and the 2030 Agenda for

Sustainable Development, including the high-level political forum on sustainable

development, to further enhance the participation of national human rights institutions

compliant with the Paris Principles and to allow for their contribution to these United

Nations mechanisms and processes, bearing in mind the relevant provisions dealing with

their participation contained in Assembly resolution 60/251, Human Rights Council

resolutions 5/1 and 5/2, and 16/21 of 25 March 2011, and Commission on Human Rights

resolution 2005/74, and encourages the continuation of these efforts;

25. Invites both the Expert Mechanism on the Rights of Indigenous Peoples and

the United Nations Permanent Forum on Indigenous Issues to work to further enhance the

participation of national human rights institutions, in accordance with their mandates and

rules of procedure;

26. Commends the work of the Office of the High Commissioner with national

human rights institutions, including through technical cooperation, capacity-building

activities and advice, and encourages the High Commissioner, in view of the expanded

activities relating to national human rights institutions, to ensure that appropriate

arrangements are made and budgetary resources are provided to continue and further extend

activities in support of national human rights institutions, including by supporting the work

of the Global Alliance of National Human Rights Institutions and its regional networks, and

invites Governments to contribute additional voluntary funds to that end;

27. Welcomes the strengthening of international cooperation among national

human rights institutions, including through the Global Alliance of National Human Rights

Institutions, and encourages the Secretary-General to continue to provide the assistance

necessary for holding international, regional and cross-regional meetings and conferences

of national human rights institutions, including meetings of the Global Alliance of National

Human Rights Institutions, in cooperation with the Office of the High Commissioner;

28. Also welcomes the important role of national human rights institutions in

supporting cooperation between their Governments and the United Nations in the

promotion and protection of human rights;

29. Further welcomes the strengthening in all regions of regional cooperation

among national human rights institutions, and notes with appreciation the continuing work

of the Network of African National Human Rights Institutions, the Network of National

Institutions for the Promotion and Protection of Human Rights in the Americas, the Asia-

Pacific Forum of National Human Rights Institutions and the European Network of

National Human Rights Institutions;

30. Encourages all States and national human rights institutions to continue to

take appropriate steps to promote cooperation, the exchange of information, the sharing of

experience and the dissemination of best practices concerning the establishment and

effective operation of national human rights institutions;

31. Invites national human rights institutions to include in their cooperation the

exchange of best practices on strengthening their liaison role between civil society and their

Governments;

32. Requests the Secretary-General to submit to the Human Rights Council, at its

thirty-ninth session, a report on the implementation of the present resolution and a report on

the activities of the Global Alliance of National Human Rights Institutions in accrediting

national institutions in compliance with the Paris Principles.

39th meeting

29 September 2016

[Adopted without a vote.]