B Explanatory
memorandum by Ms Zappone, rapporteur
1 Introduction,
scope and aim of the report
1. Both parliaments and national human rights institutions
(NHRIs) have a crucial role to play for the protection and realisation
of equality, human rights and non-discrimination, as separate entities
and in the framework of an efficient co-operation. “NHRIs are natural
partners for parliaments in supporting their role as legislators
and as a check and balance on executive and judicial power due to
the range of NHRI functions – from public awareness, education and
training, litigation and compliance, to research and policy review including
draft legislation and interactions with national parliaments.”
Note
2. NHRIs are important institutions at the national level that
have the potential to greatly enhance respect for equality and non-discrimination.
They are independent institutions for the promotion and protection
of human rights established by States and operating at national
level. NHRIs often command considerable respect for their views
and declarations on equality, human rights and non-discrimination,
particularly where they meet the requisite standards of mandate
and independence.
3. Most Council of Europe member States have established independent
national human rights institutions based on the 1993 Principles
relating to the status and functioning of national institutions
for the protection and promotion of human rights (Paris Principles),
which set out their structure and functions. While NHRIs can take the
form of human rights commissions, ombudspersons, consultative commissions
or institutes for human rights, depending on what suits the national
framework, they have common functions in promoting compliance with
international human rights standards at the national level. These
include: monitoring and making recommendations on legislation, raising
awareness and providing human rights education, receiving and supporting
individual cases and interacting independently with the international
human rights system, including the Council of Europe. NHRIs are
assessed against the criteria of the Paris Principles by the International Coordinating
Committee of NHRIs, for their level of independence, their mandate
powers and functions, and interaction with stakeholders. All NHRIs
should reach the standard of full compliance with the Paris Principles (A
Status).
4. Parliaments are a core part of human rights protection within
any member State, particularly in scrutinising legislation and the
actions of the executive. The Parliamentary Assembly has already
highlighted in a number of texts the role of parliaments to protect
and promote human rights, notably in its
Resolution 1823 (2011) “National parliaments: guarantors of human rights in
Europe”. Parliaments should take a more active role in promoting
and protecting equality and non-discrimination. One means of doing
this is through improved engagement with NHRIs.
5. This report assesses existing co-operation between National
Human Rights Institutions (NHRIs) and parliaments in Council of
Europe member States in addressing equality and non-discrimination.
It aims to identify best practices and propose measures for a greater
interaction between NHRIs and parliament on these issues, with a
view to multiplying mutual benefits.
6. It is based on desk research and on the replies to the questionnaire
I sent to all European NHRIs.
Note I would
like to thank the NHRIs for their co-operation and for the information
provided.
7. I would also like to thank the European Network of NHRIs for
its support and Dr Des Hogan, Acting Chief Officer of the Irish
Human Rights Commission, who participated in a hearing with the
Committee on Equality and Non-Discrimination in Strasbourg on 1
October 2013.
Note
2 Relevant
international instruments
8. The Paris Principles
Note set out the basic international standards
for NHRIs, which are required to “protect human rights, including
by receiving, investigating and resolving complaints, mediating
conflicts and monitoring activities; and promote human rights through
education, outreach, media, publications, training and capacity building
activities, as well as by advising and assisting governments ...”.
“When in compliance with the Paris Principles, NHRIs are cornerstones
of national human rights promotion and protection systems. NHRIs
also serve as relay mechanisms between international human rights
norms and the national level”.
Note
9. The Paris Principles also provide that NHRIs should establish
“effective co-operation” with parliaments, but do not define what
such co-operation could entail. They state that NHRIs have the responsibility
to “submit to the government, parliament and any other competent
body ... opinions, recommendations, proposals and reports on any
matters concerning the promotion and protection of human rights”,
and should publicise such reports.
10. The Abuja Guidelines on the Relationship between Parliaments,
Parliamentarians and Commonwealth National Human Rights Institutions
were adopted in Abuja (Nigeria) in 2004 at a meeting of NHRIs representatives
and of parliaments from the Commonwealth.
Note They call for the development of
a special working relationship, considering their contribution to
the protection and realisation of human rights. According to these
Guidelines, parliaments should set up an appropriate legal framework
for the establishment of NHRIs, ensure resources, debate NHRIs reports
and follow-up. I find particularly interesting that the Abuja Guidelines call
on parliamentarians to ensure that their constituents are made aware
of the work of NHRIs. NHRIs should provide independent advice to
parliaments, provide ongoing training to parliamentarians on human
rights and advise on the human rights implications of draft legislation.
The Guidelines are limited to parliaments from the Commonwealth
but could be used a source of inspiration, although they are not
universal.
11. The Belgrade Principles on the Relationship between NHRIs
and Parliaments, adopted in 2012, develop further the provisions
of the Paris Principles
Note and can be potentially
applied everywhere. They set out the responsibilities of parliaments
in the establishment and functioning of NHRIs, including ensuring
that their founding legislation is strong and that they are sufficiently
resourced to undertake their work. These Principles stress that
NHRIs can also act as an excellent resource for parliaments – providing
information on equality and non-discrimination issues as well as
on racism and intolerance. As the primary national human rights
body, NHRIs have access to and expertise in all human rights and
are able to provide credible, accurate information to parliament
to assist it in its work. The United Nations Secretary General stressed
that “[p]arliaments should play a critical role in securing the
independence and functioning of NHRIs ... States are encouraged
to use the Belgrade Principles as guidelines to strengthen co-operation
between NHRIs and parliaments for the promotion and protection of
human rights at the national level”.
NoteNote
12. The role of parliaments as human rights actors is also on
the recent agenda of the United Nations Human Rights Council. In
its Resolution 22/15 of 10 April 2013 on the Contribution of parliaments
to the work of the Human Rights Council and its universal periodic
review, the Council highlighted the role of parliaments in “translating
international commitments into national policies and laws”.
Note
3 Current practice
in Council of Europe member States
13. Within member States, there are already some excellent
examples of co-operation between NHRIs and parliaments. In the framework
of the preparation of this report, I sent a questionnaire
Note to NHRIs to obtain an overview
of actual practice in member States and then build on the work carried
out at the international level to date and make a set of proposals
in a number of specific areas, namely: awareness raising, education
and training; sharing of information; and partnerships, including
on reporting to treaty bodies.
14. In some member States, the parliament has a direct role in
selecting the members of the NHRI – for example, in Portugal, Spain
and Poland, parliament plays a direct role in the election of the
Ombudsman.
Note A number of NHRIs have been established
at the initiative of parliaments, such as the German NHRI, which
was established following a unanimous call of the lower Chamber
of the Federal Parliament,
Note and a member of the Human Rights Committee
of the parliament sits on the NHRI's board of trustees.
Note Many
NHRIs provide their reports to parliament, such as in Spain, Poland,
Note Bosnia
and Herzegovina
Note and Georgia.
Note In a number of member States, the
NHRI provides advice directly to the parliament.
Note
15. In Albania, the People's Advocate, elected by three fifths
of all the members of the Assembly, submits annual and special reports
to the Assembly. He may request the Assembly to hear him on a specific
topic, or be requested to prepare a report by the speaker or a group
of parliamentarians. He notably delivered a special report on the
rights of LGBT persons (2012), on violence against women (2012)
and the employment of persons with disabilities (2013). The People's
Advocate can be invited to submit opinions on draft laws and participate
in joint activities.
16. The Human Rights Defender of Armenia, elected by the National
Assembly, delivers an annual report on his/her activities and on
the human rights situation to the parliament and to the President
of the Republic. On a proposal by both the lead committee and the
Defender, the National Assembly can launch a special procedure for
a debate. The Defender also has the right to deliver special reports
and can send comments on draft laws. He/she has the right to attend
parliamentary sessions and can make a speech when issues related to
rights and fundamental freedoms are discussed, either in plenary
or in committee. Recently, the Defender participated in an informal
discussion in the Standing Committee on Human Rights Protection
on the need to develop a comprehensive anti-discrimination legislation.
17. The Austrian Ombudsman Board (AOB),
Note a
national parliamentary Ombudsman institution, can give statements
of opinions with regard to draft laws. The AOB submits an annual
report of activities to the National Council and Federal Council
and can report on a specific situation. A parliamentary committee
deals specifically with the Ombudsman Board (“Volkanwaltschaftsausschuss”)
and considers the annual reports. The AOB also points out potential
problems to lawmakers at the federal and regional level. At their
request, the members of the AOB can be given a hearing at the parliament.
The Austrian Ombudsman Board has regularly raised the issue of non-uniform
enforcement of anti-discrimination laws in the federal States and
the fragmentation of protection from discrimination legislation
in different federal and regional laws.
18. In Azerbaijan, the Office of the Commissioner for Human Rights
presents an annual report on the protection of human rights to the
parliament (Milli Mejlis). The Commissioner has regular contacts
with the parliament, participates in discussions, prepares advice
on draft legislation and promotes the ratification of international
conventions. Parliamentarians are invited to participate in awareness-raising
campaigns. The current Commissioner has focused her interventions
in parliament on violence against women, early marriages, child
abuse, discrimination and gender inequality. She recommended the
ratification of the Council of Europe Convention on Preventing and
Combating Violence against Women and Domestic Violence (CETS No.
210) to the parliament, as well as an increase in budget allocations
for programmes to prevent and combat violence against women.
19. In Belgium, the Centre for Equal Opportunities and Opposition
to Racism is undergoing changes and will be transformed into two
different institutions later in 2014: the Inter-federal Centre for
Equal Opportunities and the Federal Centre for Migration. The Centre
expressed concern over this transformation, which could affect the
status of the NHRI, negatively impacting as well on its relations
with parliament. The founding legislation of the Centre does not
explicitly include an engagement with the national parliament. The
Centre reports to the Prime Minister on its activities, and the
latter sends a copy of the report to the House of Representatives
and the Senate. Nevertheless, the law concerning the creation of
the Centre foresees a role in the provision of legal advice and
recommendations on the improvement of legislation. It is foreseen
that the future Inter-federal Centre will report annually to the
federal and regional parliaments on the execution of its mission.
20. The Centre is also an independent mechanism as required by
the United Nations Convention on the rights of persons with disabilities.
It was therefore invited in December 2013 to a hearing at the Senate
to present its advice with regard to the situation of prisoners
detained in the psychiatric wings of prisons. In January 2014, the
Centre was invited to present its study on the social and economic
monitoring of the participation on the labour market of persons
of a foreign nationality or origin to the members of the Parliamentary
Committee on social affairs. It is also invited to present several
of its annual reports (on discrimination and diversity, migration,
trafficking in and smuggling of human beings) followed by a debate. Upon
the request of the parliament, the Prime Minister commissioned the
Centre to prepare the development of a national action plan against
racism. I am of the opinion that this kind of co-operation could
be further encouraged.
21. In Bosnia and Herzegovina, the Human Rights Ombudsman is appointed
by the Parliamentary Assembly and can carry out investigations for
all cases involving violations of human rights and fundamental freedoms
enshrined in the Constitution and international treaties. The Ombudsman
institution submits its general annual report to the Parliamentary
Assembly and an annual report dedicated to discrimination. Discussions
on the reports take place at committee level. At times, members
of parliament ask for additional information. The Ombudsman can
also submit special reports such as on the rights of children, the
situation of persons with disabilities, elderly people, and address
specific recommendations. The Ombudsman is regularly invited to
attend discussions on legislative initiatives. The Ombudsman institution
and the Joint Committee on Human Rights, Rights of Children, Youth,
Immigration, Refugees, Asylum and Ethics have begun the practice of
holding joint, or special sessions in order to mark some international
days (International Children's Day, etc.).
22. The Bulgarian Ombudsman, elected by the National Assembly,
submits an annual report of activities and participates in a parliamentary
debate. He shall prepare reports on individual cases on his initiative
or at the request of the National Assembly. The Ombudsman can also
be asked to prepare opinions on draft laws.
23. The Ombudsman of the Republic of Croatia is a commissioner
of the Croatian Parliament for the promotion and protection of human
rights and freedoms laid down in the Constitution. The Ombudsman submits
an annual report with an evaluation of the status of the protection
of rights and freedoms. She has an obligation to inform the Croatian
Parliament of the occurrence of discrimination in her annual and,
when required, special reports. Reports submitted by the Ombudsman
are discussed at the committee level and in plenary. The Ombudsman
participates in discussions in the parliamentary committees every
time human rights or equality issues are on the agenda and regularly
submits comments when human rights and/or equality draft laws are
being discussed. She participates in the (plenary) sessions of the
Croatian Parliament when issues falling within her competence are
debated. The ombudsman can also engage with the parliament at her
own initiative.
24. In the Czech Republic, the Public Defender of Rights shall
be elected by the Chamber of Deputies for a term of six years and
shall perform his/her mandate in matters of the right to equal treatment
and protection against discrimination. The Defender submits an annual
report on activities to the Chamber of Deputies. In addition, the
Defender submits information on activities at least once every three
months. He/she is authorised to participate in meetings at the Chamber
of Deputies pertaining to matters concerning his/her mandate, even if
closed to the public. Every year, the Committee on Constitutional
and Legal Affairs of the Chamber of Deputies visits the Office of
the Public Defender of Rights. The Defender's office participated
in 2013 in a seminar on LGBT rights at the parliament.
25. The relationship between the NHRI and the Danish Parliament
is a particularly good example of co-operation between these bodies.
In 2012, the Danish Parliament made a resolution endorsing the Danish Institute
for Human Rights (DIHR) as the NHRI and a new procedure was introduced
whereby the Institute reports to parliament about its work and on
the situation and progress of human rights in Denmark, with a view to
strengthening accountability.
Note The Institute is mandated to advise
parliament, and in 2012 the Institute was asked to comment on 113
government reports, ministerial directives and draft laws.
Note A
yearly report to the parliament by the NHRIs allows monitoring progress
in human rights; it is sent directly to the members of parliament.
Its last report made detailed recommendations on access to the labour
market, called for investigation into indirect discrimination at
school, access to health services for refugees and immigrants, combating
hate crimes and equal treatment of Greenlanders in Denmark. The
DIHR is regularly asked to conduct a legal analysis and a human
rights assessment of the compatibility of draft legislation with international
obligations. The DIHR can also be asked to provide information to
a parliamentary committee. In February 2014, DIHR was asked to inform
the Parliamentary Committee on Greenland on the so-called “legally fatherless”
in Greenland.
26. The DIHR is also an interesting example of the work done by
NHRIs to combat racism and discrimination, its “Stop it now” campaign
to record instances of hate crimes and compile data on the extent
of discrimination in Denmark being a prime initiative.
Note
27. The Finnish NHRI is composed of the Parliamentary Ombudsman,
the Finnish Human Rights Centre and its Human Rights Delegation.
The Ombudsman and the Human Rights Centre each submit an annual
report to the parliament. The Ombudsman thereafter participates
in a debate with the parliamentarians. He/she can also submit a
report on a matter of particular importance and make recommendations
with regard to legislation. The Finnish NHRI recently participated
in committee hearings at the parliament on the government bill on
the police, the government report on the realisation of linguistic
rights and a government bill on the ratification of the Optional
Protocol to the Convention against Torture and other Cruel, Inhuman
or Degrading Treatment of Punishment (OPCAT). The work of the Ombudsman
for Equality and of the future Ombudsman for Equal Treatment (currently
the Ombudsman for minorities) should also be taken into consideration.
28. In Georgia, the Public Defender submits proposals, comments
or recommendations on Georgian legislation or draft laws to the
parliament with the aim of ensuring observance of human rights and
freedoms. For example in 2011, the institution provided recommendations
on the Law on Assembly and Manifestations, which impacted on freedom
of assembly, and reported that the institutions recommendations
were largely taken into account.
Note In special cases, the Public Defender
can propose the setting up of an ad hoc parliamentary human rights
investigation commission and request that parliament take up the
matter for consideration. The Public Defender submits an annual
report to the parliament on the situation of human rights and freedoms
in the country and addresses the Assembly during a plenary session.
The Defender asked the parliament to undertake sustainable activities
to increase women's political participation and ensure gender equality
through concrete and measurable results, ratify the Council of Europe
Convention on Preventing and Combating Violence against Women and
Domestic Violence (Istanbul Convention) and ratify the United Nations
Convention on the Protection of the Rights of Persons with Disabilities.
29. The German Institute for Human Rights is the NHRI, but does
not function as the national equality body. There are no reporting
obligations and there is no formal submission of the annual report.
However, the Institute distributes its report among all parliamentarians
and offers advice. It addresses recommendations to parliamentarians
in policy papers, studies and press statements. The parliament regularly
seeks advice from the NHRI. The NHRI can engage with the parliament
on its own initiative and upon request. The German Institute for
Human Rights also interacts with parliamentarians at the individual
level, which could be through a confidential dialogue or private
meetings, or at parliamentary group level. Representatives of the
Institute also participate in parliamentary hearings, for example
recently in hearings on the rights of persons with disabilities, trafficking
in human beings and the rights of unaccompanied minor refugees.
The Institute informed me that they send written contributions to
parliament on legislative proposals and organise side events (for
example on effectiveness of anti-discrimination legislation, human
rights of elderly persons). The German Institute for Human Rights
engages in follow-up to the concluding observations of treaty bodies
by organising follow-up conferences with the participation of parliamentarians,
government and civil society representatives to discuss implementation.
Note
30. The Greek National Commission for Human Rights has a formalised
relationship with the Hellenic Parliament. It submits recommendations
and proposals, prepares opinions on legislation and examines the compliance
of the national legislation with international human rights standards.
The Commission is composed of representatives of trade unions, non-governmental
organisations (NGOs), academics, the bar association, the Chair
of the Special Parliamentary Committee on Institutions and Transparency
and representatives of political parties elected and represented
in parliament (each party appoints one representative). The Commission
submits its annual report to the Prime Minister, the President of
the Parliament and leaders of political parties, which are represented
in the national, and European Parliament. The report is discussed
in the Special Committee on Equality, Youth and Human Rights, however
the report is not transmitted to all parliamentarians. The Commission
provides the parliament with expert advice, recommendations or reports when
a human rights issue arises during the legislative process, during
constitutional revision, when a bill is presented or at its own
initiative. It should receive a draft bill for comments before it
is submitted to parliament. The Commission recently prepared reports
on the draft bills transmitted to the parliament, on the topics
of racism and xenophobia, political participation of non-citizens
and equal treatment of women and men.
31. In Ireland, the observations and recommendations of the Irish
Human Rights Commission on draft legislation have frequently been
relied upon and cited in parliamentary debates. The Commission provides briefing
for parliamentarians and suggests areas of inquiry to committees.
It has a function to provide formal observations on draft legislation
to the government to ensure that it complies with constitutional
and international human rights standards, and comments on the human
rights implications of draft legislation, as well as on legislation
already in force. The Commission ensures that the observations are
also brought to the attention of parliamentarians. It can also decide
to undertake a comprehensive analysis of the human rights implications
of the legislation. The resulting recommendations are sent to the
authorities and published on the Commission's website and via the
media. The Irish Human Rights Commission does not have reporting obligations
to the parliament. However, it seeks the opportunity to be invited
to the parliament. As an example, on 13 November 2013, the Commission
made a presentation to the Oireachtas Joint Committee on Justice, Defense
and Equality on the recognition of the Irish Traveller Community
as an ethnic minority.
32. In Luxembourg, the Commission consultative des droits humains
prepares opinions, studies and recommendations for the attention
of the government. However, in practice, opinions on draft laws
are sent in parallel to the parliament and to the relevant parliamentary
committees.
33. The Netherlands Institute for Human Rights provides advice
about law proposals that relate directly or indirectly to human
rights at the request of the parliament or on its own initiative.
As an example, it advised the parliament on a law proposal submitted
by an MP on restricting the direct effect of international treaties.
It submits an annual report of activities to the parliament although
there is no legal obligation to do so. In addition, in July 2013,
the NIHR submitted for the first time a status report. I welcome
the proactiveness of the NIHR, which has invited MPs to ask more
often for advice, and for regular meetings with several parliamentary committees.
34. The Ombudsman of “the former Yugoslav Republic of Macedonia”
submits an annual report on human rights and can submit special
reports to the Assembly. The Ombudsman can initiate proceedings
in cases of violations of the principle of non-discrimination and
participate in parliamentary hearings.
35. In the Slovak Republic, Act No. 308/1993 on the establishment
of the Slovak National Centre for Human Rights includes an explicit
provision on the engagement and co-operation between the Centre
and the Slovak Parliament (Slovak National Council).
Note The Slovak National Council adopts
the budget for the Centre. The Centre does not submit its annual
report of activities to the parliament but it does send its annual
report on the observance of human rights, equality and rights of
the child, which is kept in the parliament's library. Staff members
of the Centre can participate in the session of the Committee for
Human Rights and National Minorities at any time as observers. They
participate as guest speakers in expert seminars, such as one recently
on housing for Roma.
36. The Human Rights Ombudsman of the Republic of Slovenia is
elected by the parliament by a two-thirds majority. He is required
to present to the parliament a general annual report and can also
present special reports. The Ombudsman's annual report gives a general
picture of the human rights situation in the country. He is often
invited by the Parliamentary Committee for Petitions, Human Rights
and Equal Opportunities to present his views on equality, human
rights, non-discrimination and racism. In 2012, he presented a special report
to the parliament on the living conditions of Roma in the country.
37. The Spanish Ombudsperson can submit advice and recommendations
to the authorities, remind legal obligations and present suggestions
with regard to new measures and legislation. The authorities and
officials are obliged to reply to the Ombudsperson. A joint Congress-Senate
Committee has been set up to liaise with the Ombudsperson. The Ombudsperson
reports annually to the parliament in a report, including on the
number and type of complaints received, those rejected, reasons
for rejection and those investigated with results of the investigation.
He may submit a special report when the situation so requires. In
2012, he presented 548 recommendations and suggestions to the administration.
Note
38. The Ukrainian Commissioner for Human Rights is appointed by
the Verkhovna Rada (parliament). The Commissioner has the right
to submit recommendations on amendments to laws concerning human
rights and fundamental freedoms and present an annual report on
the human rights situation in Ukraine to the parliament. This report
can identify gaps in legislation impacting human rights protection
and present concrete recommendations. The Commissioner can also
present reports on specific issues. The Commissioner has the right
to be heard during a plenary session if the issue discussed is covered
by his mandate and can participate in hearings during committee
meetings (for example, on labour migration and equality between
women and men last year). In 2013, the Commissioner recommended
that the parliament oppose the draft law on the ban on so-called
“homosexual propaganda”.
39. The Northern Ireland Human Rights Commission provides advice
to parliamentary committees.
4 Proposals for practical
engagement and improving co-operation on equality and non-discrimination issues
40. While these examples I have given focus on the co-operation
between parliament and NHRIs and their interaction on legislative
proposals, there are a considerable number of other ways in which
NHRIs and parliaments can and do engage with each other with the
shared goal of improving human rights. I will particularly focus
on proposals for increasing the effectiveness of the exchange between
NHRIs and parliaments for concrete impact.
41. A first proposal would be to encourage parliaments to establish,
where it does not yet exist, a specific committee dealing with equality,
human rights and non-discrimination issues. In addition, parliaments
could also demonstrate a systematic, cross-cutting engagement on
equality issues, by engaging several committees in this matter.
These committees could hold joint events with NHRIs to increase
awareness raising on equality and non-discrimination issues, which
could be done when the NHRI issues a report on these issues, or
when there is a report from the State to a relevant treaty monitoring
body. These events could take the form of a conference, seminar
or a round table.
42. NHRIs can play an important role with regard to reporting
and to the follow-up given to recommendations by international monitoring
bodies and treaty bodies, by presenting and explaining them to parliamentarians.
43. I can only encourage the submission of an annual report by
the NHRI to the parliament on the situation with regard to equality,
human rights and non-discrimination in the country. A general parliamentary
debate on equality and non-discrimination, based on the NHRI annual
report, could be held at a peak time in order to increase visibility.
As a consequence, more parliamentarians would feel engaged on these
issues.
44. NHRIs are well placed to provide education and training on
human rights to new parliamentarians, or parliamentarians who may
not have had the opportunity to develop adequate knowledge of human
rights prior to being elected. They can contribute to empowering
parliamentarians who are members of the committees dealing with
equality, non-discrimination and human rights. Parliamentarians
should understand the scope and the importance of equality and non-discrimination
in order to contribute to their effective implementation.
45. Parliaments should make greater use of NHRIs as information
resources on equality and non-discrimination issues, including by
inviting NHRIs to give evidence during parliamentary discussions,
and utilising NHRI reports and data. This would support and supplement
the work parliamentarians are already doing, and provide a reliable
source of up-to-date expertise to enrich parliamentary debates.
46. Holding regular, or rather systematic debates on the reports
and recommendations by the NHRIs would increase the engagement of
members of parliaments on equality, human rights, and non-discrimination
issues. A regular interaction would also contribute to developing
formal and informal contacts. The requirement to submit reports,
participate in debates and comment on draft legislation could be
formalised in legislation.
47. NHRIs can help to establish an accountability mechanism at
the parliament to oversee governments' engagement in the international
human rights monitoring system. Hearings held with the participation
of NHRI representatives could lead to parliamentary questions. NHRIs
can contribute to the consideration of equality and non-discrimination
in legislation and policy making.
48. NHRIs could inform parliamentarians about judgments of the
European Court of Human Rights and the decisions of other human
rights bodies and mechanisms, so as to monitor effective compliance.
They can also provide support to parliaments with work on harmonisation
of the existing legislation with international standards. NHRIs
could engage in the preparation of human rights impact assessment
of draft legislation. I have in this regard received a suggestion
to include such an assessment in the legislative cycle.
49. With a view to having an efficient co-operation, both NHRIs
and parliaments could appoint a liaison officer who would deal with
their co-operation. He/she could also report to parliament on individual
cases that show the existence of a systemic issue. NHRIs could relay
information to the parliament following its monitoring, notably
of places of detention.
50. Human rights protection entails receiving and investigating
complaints. The Austrian Ombudsman Board co-operates with the parliament
in dealing with petitions and citizens' initiatives lodged with
the National Council. I would encourage this type of co-operation
in other countries because it enables citizens to more directly
interact with parliaments on human rights concerns.
51. There can be no politicisation of the views of the NHRIs;
even though they often deal with highly political issues, they must
take care to avoid perceptions of political bias. Thus, any development
of co-operation with parliaments should respect the Paris Principles,
in particular as regards independence. NHRIs should continue to
act as a bridge between international human rights norms and national
legislation. NHRIs and parliaments can work together, enhance their
co-operation and contribute to raising awareness on equality and
non-discrimination. NHRIs can co-operate with parliaments with a
view to improving the respect for human rights; however, parliaments
can also contribute to protecting NHRIs.
5 Parliaments protecting
NHRIs
52. As I mentioned in the introduction, parliaments play
a crucial role in protecting their NHRI from the potential negative
attentions of the executive. As independent institutions, it is
not rare for NHRIs to come into conflict with the government as
a result of publicly challenging the human rights situation in the
country. This conflict has the potential to negatively impact on
the NHRIs, for example if the executive were to take measures to
reduce the NHRI’s independence, limit its mandate or powers or reduce
its budget or staffing to render it less effective.
53. Parliaments have an important role in supporting NHRIs, in
particular protecting undue cuts to its budget and resources, or
when there are proposals to merge an NHRI with other national bodies
in a way that would weaken its work, and protecting the NHRI's independence,
including holding the executive to account for any moves that may
weaken the NHRI's compliance with the Paris Principles. In States
without an “A” status NHRI, parliaments should identify – including
through reference to any findings of the Sub-Committee on Accreditation
of the ICC (International Coordinating Committee of National Human
Rights Institutions) – how the NHRI can become fully compliant with
the Paris Principles.
54. The merging of institutions may have negative consequences
on the institutions' staffing level, undermining the ability of
the institution to respond to the demands of the population. Drastic
budget cuts may affect the level of protection provided to the most
vulnerable and should be avoided. Parliaments, when voting on the
budget allocated to NHRIs, have the power to ensure that sufficient
funding is allocated.
55. Parliaments should improve their support for NHRIs by monitoring
threats to their independence in relation not only to budget but
also to appointments and to changes to their mandates and powers.
They should ensure that they play an active role in the appointments
of the NHRI Chair/Head. In general, parliaments should promote the
Paris Principles and compliance with them.
56. I also wish to mention the Basic principles for parliamentary
supervision of international human rights standards contained in
Assembly
Resolution 1823
(2011), calling for the establishment of human rights parliamentary
committees and for the organisation of human rights training for
parliamentarians. The better parliamentarians are informed, the
better they will protect NHRIs. Parliaments should also ensure that
sufficient time is given to the consideration of the work of NHRIs,
as recommended in the Abuja Guidelines.
6 Case study on Ireland
57. I have decided to include a case study on Ireland,
showing an example of concrete co-operation between parliamentarians
and an NHRI in the reform of the NHRI structure and strengthening
of the parliamentary oversight. Parliamentary engagement with national
human rights institutions on equality and non-discrimination is
even more pertinent given that a number of member States intend
to integrate the functions of their national equality body and human
rights institutions (for example, Belgium, Denmark, France, Ireland,
the Netherlands and the United Kingdom).
58. In 2008, Ireland was officially deemed to be in recession.
This prompted a radical rationalisation of State boards and agencies.
Initially it was proposed that the Irish Human Rights Commission
and the Equality Authority be merged with three other bodies: the
Data Protection Commissioner, the National Disability Authority
and the Equality Tribunal. This proposal faced considerable opposition
and was eventually dropped. In 2009, funding to both the Human Rights
Commission and the Equality Authority was cut significantly. The Commission
received a 32% reduction with the Equality Authority suffering a
42% reduction. The Commission described the cuts as “disproportionate
and excessive”. As a result of these budgetary cuts the Commission had
little or no operational resources after non-discretionary expenses.
Budget cuts to both bodies have followed year on year since 2008.
With a new government elected in 2011, details of the merger of
the bodies were finally published and outline legislation followed
in May 2012. The new government acknowledged the difficulties faced
by the two bodies and undertook a process of consultation on the
proposed legislation. The completed legislation is due for publication
in 2014.
59. The outline legislation for the merger of the Human Rights
Commission and the Equality Authority does not set out a formal
framework for co-operation between parliament and the new human
rights and equality body. No formal specification of parliamentary
committee oversight of human rights and equality is contained in
the current legislative outline. This is despite an international
trend towards closer co-operation between national parliaments and
NHRIs. The Belgrade Principles of 2012 recommend the establishment
of a formal framework. They also recommend that parliaments consult
with NHRIs on human rights and equality matters when considering
draft legislation and reports of international human rights mechanisms,
for example the United Nations Committee or Universal Periodic Review
reports.
60. With the objective of strengthening parliamentary oversight
of the Executive's work and co-operation with NHRIs, in my capacity
as member of the Parliamentary Committee on Justice, Equality and
Defence, I facilitated a meeting between the Chair of the Justice
Committee, Deputy David Stanton, and the respective heads of the
Human Rights Commission and the Equality Authority. Discussions
are currently ongoing, but among the initial proposals to emerge
from the meeting were the following:
- Establishment of a Sub-Committee on Human Rights and Equality
within the Justice Committee. A member from each committee of the
Oireachtas (parliament) would join/attend this Sub-Committee on Human
Rights and Equality in relation to issues from their own committee.
- Pre-legislative stage: committees engage with the new
Irish Human Rights Equality Commission (IHREC) at a pre-legislative
stage. A memorandum of understanding could be used to structure
this.
- Training for parliamentary members: The IHREC will make
training available to members of parliament on human rights and
equality issues.
- Role for the committee. Parliamentary committees would
have an involvement with the Commission's role in relation to supporting
public bodies in their duty to have due regard to equality and human
rights in the exercise of their functions.
- Identification of a legislative basis for the IHREC's
interaction/engagement/exchange with committees/parliament. A possible
amendment to the forthcoming legislation could be considered in
this regard.
7 Conclusions
and main recommendations
61. Parliaments and NHRIs share a common responsibility
to promote and guarantee the respect of equality, human rights and
non-discrimination.
62. In order to fulfil this objective, an efficient co-operation
is essential. Parliaments should identify the most appropriate structural
means of engaging with the NHRIs, for example through a committee
system. They should actively try to engage with and seek information
from the NHRIs on equality and non-discrimination issues. In conjunction
with their NHRI, parliaments should identify a clear framework for
engagement and support that would allow them to develop their interaction
in a collegial and constructive manner. I can therefore only encourage
parliaments and NHRIs to transform the Belgrade Principles into
a concrete working tool, for concrete co-operation, and to formalise
reporting requirements through legislation.
63. NHRIs have a responsibility to inform the parliamentarians
on the human rights situation. Parliamentarians in their turn have
a responsibility to seek information. NHRIs should warn parliaments
of upcoming challenges and threats in the field of equality and
non-discrimination. They should also advise parliaments on whether
a draft law or a law already in force are in conflict with international
human rights standards. By doing so, they can help parliaments to
be an oversight mechanism.
64. NHRIs and parliaments both also have a responsibility to raise
awareness of equality and non-discrimination issues with the general
public. A political decision to hold parliamentary debates on equality
and non-discrimination in plenary at peak times could also draw
parliamentarians' and the general public's attention to these matters.
65. In countries without an NHRI, parliaments should prioritise
efforts towards encouraging their establishment, ensuring that the
NHRI is created with strong links to parliament both in terms of
interaction and support.
66. The improvement of co-operation will not come about without
an efficient and realistic allocation of financial resources to
NHRIs, which would allow for better interaction, advice and the
provision of training. I therefore also wish with this report to
call on member States not to deprive NHRIs of the financial means necessary
to enable them to carry out their mandates. NHRIs are unfortunately
often underfunded and need robust support from parliament to ensure
their independence and adequate resources.
67. Both parliaments and NHRIs are protectors and guarantors of
equality and non-discrimination. They should make the full use of
this potential and further explore co-operation possibilities. A
constructive dialogue in the fields of equality and non-discrimination
would have a multiplier effect, contributing to an enhanced level of
protection for all.
