National Human Rights Institutions Research Articles

Impediments to the Advancement of Human Rights by the ZHRC in Zimbabwe

Zimbabwe as a member of the United Nations (UN) ratified a number of human rights treaties and the establishment of the much awaited Zimbabwe Human Rights Commission (ZHRC) which was long overdue was a generally welcome development in the human rights arena. The ZHRC is a National Human Rights Institution (NHRI) established by the Constitution of Zimbabwe (No.20) Act 2013. The Constitution mandates ZHRC to promote, protect and enforce human rights and fundamental freedoms enshrined under the Bill of Rights. The operational legal framework of the ZHRC is provided for in the Zimbabwe Human Rights Commission Act [Chapter 10:30]. In collecting data questionnaires, interviews and documentary review were used. Against this backdrop, the paper mainly seeks to explore and analyse the challenges faced by the Zimbabwe Human Rights Commission (ZHRC) in executing its mandate. Methodologically, the study relied extensively on available literature and reports. The study revealed that the ZHRC has been impeded by resource constraints, absence of legally binding laws, hostile political environment and lack of state compliance experiencing impediments which have affected its operation. The therefore study made some recommendations to help fortify and reinvigorate the ZHRC.

Designing a Novel Robot Activist Model for Interactive Child Rights Education

The paper presents an original research titled, ‘SUHAKAM Going Digital with Monash’, a two years Human Right Education initiatives in Malaysia. SUHAKAM is the National Human Rights Institution established by the Malaysia Parliament and is actively finding innovative approach for Human Rights public awareness, especially child rights education in Malaysia. Monash University Malaysia is a prominent University in Malaysia that have the latest educational technologies with effective pedagogy. The synergy between SUHAKAM and Monash for child rights education innovation aimed to bring the ground breaking Robot Activist across schools in Malaysia. The research seeks to understand the educational barriers that SUHAKAM are currently facing in meeting their obligations, to assist SUHAKAM in promoting child rights agenda across Malaysia in an innovative approach. A Robot Activist is thoughtfully designed, developed and deployed to introduce what SUHAKAM is, the Child Rights Conventions (in both Malay and English) with smart Q&A; followed by an interactive game session, “Simon Says” with pupils. This paper discusses the Robot Activist design research, operation and fun interactions. The finding shows that the educational robot acts as a catalyst to formalise the international human rights education in Malaysia, with the inter-disciplinary synergies of educational sessions using humanities aspects of advanced robotics for next generation engagement. The key constraints, reflections and recommendations are critically discussed on how an educational robot, the Robot Activist can engage children with the heavy-weighted topic such as child rights conventions. Recommendations to the next phase of the model design is proposed.

National Human Rights Institutions in Post-Conflict Settings: An Evolving Research Agenda?

Abstract The potential contributions that National Human Rights Institutions (NHRIs) can make in post-conflict settings has drawn increased attention from academics and practitioners alike. For some, NHRIs can assume positive roles assisting not only in the protection and promotion of human rights but also in peacebuilding and transitional justice processes. Conversely, scholars identify a spectrum of potential obstacles that may hinder the translation of this potential into practice. Others assess that NHRIs can even hamper efforts to transition from conflict to peace. Existing literature identifies a number of factors that determine the contributions that NHRIs can make in conflict-affected settings. These include the institutional design of an NHRI, the degree of autonomy from the government, and the level of expertise needed to navigate the post-conflict landscape. This article considers a number of mechanisms and avenues available that could help NHRIs to navigate post-conflict transitions. Specifically, the article examines the potential impact of peace agreements that include provisions on NHRIs; post-conflict guidelines developed for NHRIs operating in conflict-affected settings; and various accountability-based mechanisms that monitor NHRIs and post-conflict governments on an ongoing basis. After considering how these options could support the positive contributions that NHRIs make to peace, the article will argue that more questions than answers arise. By identifying these uncertainties, however, the discussion helps illuminate important gaps in the literature, pointing to the need for a more comprehensive and integrated research agenda on NHRIs in post-conflict contexts.

A Critical Appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman: An Equivalent to the Paris Principles?

ABSTRACT This article offers a detailed critical appraisal of the Venice Principles on the Protection and Promotion of the Ombudsman, adopted in 2019 by the Venice Commission of the Council of Europe. It praises them for being the most comprehensive set of constitutional and legal principles relating to ombudsman to date, drafted to be applicable to different legal and political systems. However, the article finds that such adaptability also resulted in some trade-offs and came at the expense of conceptual clarity of some of the principles. Despite that, the Venice Principles present a more complete document than the Paris Principles on National Human Rights Institutions, with better internal logic and consistency when it comes to ombudsman’s issues. The article concludes that ombudsman institutions fully in line with the Venice Principles would, ipso facto, reach a normative threshold for the compliance with the Paris Principles.

A Peace Treaty and Human Rights Protection on the Island of Ireland

The Belfast (Good Friday) Agreement of 1998 is a Peace Treaty. The Agreement included a mandate and mechanism for national human rights institutions in Northern Ireland and Ireland—a Joint Committee—to ensure strong cooperation between them. However, the Agreement assumed the UK's and Ireland's continuing membership of the European Union and when this changed following the referendum in 2016, the work of the Joint Committee was put into sharp focus. This article chronicles the collaboration of two institutions working in distinct legal and political jurisdictions in the context of the negotiations of the EU Exit and what was achieved and learned as a result.

Localizing Rights Compliance: The Case for Cities as "Shadow Reporters" at International Human Rights Treaty Bodies

"Shadow reports" by nongovernmental organizations (NGOs) and national human rights institutions (NHRIs) are commonplace within the international human rights treaty monitoring process. They became so for a simple reason: shadow reports improve the reporting process by providing useful information. This article contends that shadow reports from cities would do the same. Using the example of reports sent by the City of Berkeley, California, this article advocates for institutionalizing city shadow reporting because such reports can provide frontline information and help socialize cities into human rights compliance, even (and perhaps especially) when at odds with their national government.

Current Challenges to Human Rights and Freedoms and the Ombudsman Institution

The article examines the genesis of the institution of the Ombudsman of Ukraine – the Ukrainian Parliament Commissioner for Human Rights. The role of the Ombudsman is shown both in protecting the rights of individuals as well as in overcoming the systemic violations of human rights. The essence of modern challenges to human rights and freedoms is revealed: poverty, migration, human trafficking, modern terrorism, sea piracy, armed conflicts, wars, humanitarian disasters, dehumanization of society. The activity of the First Ombudsman of Ukraine on bringing the legislation of Ukraine and law enforcement practice in line with European and international human rights standards is analyzed. The need to form a modern legal culture based on international standards in the field of human rights and freedoms and the rule of law is analyzed. The article investigates monitoring mechanism of the national human rights institution performed through the Annual and Special Reports to the national Parliament. It also reveals forms of cooperation of the Ombudsman of Ukraine with national, international and European structures in the field of human rights. It is shown that not only the institution of the Ombudsman, in terms of its legal status, should be independent in the spirit of the Paris Principles, but the person in this post should also have personal independence. There are shown ways to establishing peace through the search for compromises and a trustful dialogue between the authorities and society. The innovation of the article is the analysis of the Ombudsman institution as a mechanism for the extrajudicial protection of human rights in the context of modern challenges to human rights and freedoms. A new term is introduced into scientific circulation – “the case law of the Ombudsman”.

International Human Rights Courts and Sources of Resilience: The Case of the Inter-American System

International courts (ICs) with human rights mandates have recently faced instances of backlash, aiming to curb their authority. But human rights ICs continue to function with their competences largely intact. A crucial source of IC resilience is embeddedness in domestic institutions and actors. Taking cues from research on the functioning of ICs, we argue that ICs will be resilient – able to maintain their competences and authority in the face of backlash – to the extent that they are embedded in domestic complexes. Our framework identifies key sites of embeddedness and stresses the importance of synergies between them: 1) incorporation of treaties into domestic law; 2) independent courts; 3) acceptance and use of IC jurisprudence by domestic judiciaries; 4) strong national human rights institutions; 5) incorporation of international law into legal training and research; and 6) presence of NGOs that rely on ICs. Empirically, the paper explores resilience in the Inter-American System of Human Rights. First, we discuss and map the state of each source of resilience across Latin America. Second, we show how the activation of sources of resilience helped preserve the integrity of Inter-American rights institutions during backlash orchestrated by several countries between 2011 and 2014.

Defining Governmental Human Rights Focal Points: Practice, Concept and Guidance

This study looks at governmental human rights focal points (GHRFPs), understood as states’ administrative structures mandated to provide the human rights response of the executive power and ensure human rights implementation at the national level through expertise-building, mainstreaming and coordination. GHRFPs are considered by international human actors—including the Danish Institute for Human Rights—to be a key element of national human rights systems, alongside National Human Rights Institutions (NHRIs). GHRFPs have spread across countries in various shapes—from human rights ministries to interministerial delegations—and with various mandates—either comprehensive or thematic. GHRFPs have not been apprehended as a single phenomenon, neither in academic investigations nor in international or regional guidance. International guidance for GHRFPs is fragmented, with human rights actors recommending different formulas over time—from national coordination committees to National Mechanisms for Implementation, Reporting and Follow-up. The absence of a generic referential set of standards cutting across GHRFPs’ diversity may explain this disjointed approach and limited research identifying GHRFPs as a field of inquiry. This study lays the ground for the comprehension of GHRFPs as a singular phenomenon and type of actor and for the critical review of their significance for human rights law and practice. To do so, the study documents state practices—providing original meta-data on, for example, human rights ministries and suggesting a typology of GHRFP embodiments. It compiles and analyses the relevant guidance, taking into account their interpretation by relevant human rights bodies. Based on this analysis, the study infers six core attributes associated with GHRFPs. These attributes define GHRFPs as a concept, which serves to delineate and structure a field of academic investigation.

Conceptualizing and Measuring Institutional Variation in National Human Rights Institutions (NHRIs)

A wealth of literature argues that domestic institutions can sometimes restrain government repression. In this article, we highlight an institution tasked specifically with protecting and promoting human rights: the National Human Rights Institution (NHRI). Although common international standards exist, NHRIs exhibit substantial variation in their organization, the rights that they protect, the activities they permit, and the manner in which they appoint their members. Scholarship to date has conceptualized and measured NHRIs dichotomously; an NHRI either exists or it does not. We present data that highlights NHRI heterogeneity collected via content analysis of NHRI annual reports, NHRI websites, national constitutions, government legislation, and other sources. Using these data, we show NHRIs that can publish their findings and NHRIs that can punish offenders are each associated with less state torture. These data will allow future researchers to better explore important questions regarding NHRI origins, design, processes, and effectiveness.

From Litigation to Rights: The Case of the European Court of Human Rights

Abstract Do regional human rights courts influence respect for rights? Beyond providing remedy for individual human rights abuse, case outcomes help frame potential social mobilization by setting standards and raising the rights consciousness of civil society actors. The expectation of mobilization can increase the government’s costs of flouting the court’s rulings. We argue that an enabling domestic environment characterized by two features increases government expectation of mobilization following regional court litigation. First, a robust civil society creates strong horizontal ties between potential mobilizing groups. Second, a national human rights institution (NHRI) creates vertical ties that both transfer information down from the court to civil society; and transfer demands up from civil society to political elites in position to make stronger human rights policy. Using data for all Council of Europe countries from 1980 to 2012, we find European Court of Human Rights litigation associated with higher respect for rights in an enabling domestic environment characterized by strong civil society and the presence of a NHRI.

National Human Rights Institutions: The Missing Link in Business and Human Rights Governance?

Abstract In 2014, the United Nations established a working group to elaborate an international treaty on business and human rights. In October 2018, negotiations on a first draft of the actually text took place. Besides this zero-draft, the working group released the draft text of an Optional Protocol containing several institutional arrangements. The Optional Protocol carves out a key role for national implementation mechanisms to promote compliance with, monitor and implement the treaty on business and human rights. With such an institutional arrangement, the future treaty would join the ranks of what can be called a new generation of human right treaties which institutionalize a top down with a bottom up approach aiming to address the disjuncture between rules and practice. The Optional Protocol indicates that this role of national implementation mechanism could be taken up by National Human Rights Institutions (NHRIs). This follows an increased recognition of NHRIs as significant actors in the business and human rights domain. Yet, the role of NHRIs in human rights governance in general, and in the business and human rights field in particular, is not yet well understood and undertheorized. The aim of this article is to add insight into the role of NHRIs in business and human rights by, first, describing some of the current activities undertaken by NHRIs in this field in order to analyze whether the role ascribed to them is actually being taken up and what challenges NHRIs face. From this perspective, it will be discussed whether the role foreseen in the Optional Protocol of the future business and human rights treaty holds promise.

The Participation of Non-Governmental Organisations and National Human Rights Institutions in the Execution of Judgments of the Strasbourg Court

Abstract Although relatively unknown, a formal role has been devised for non-governmental organisations and National Human Rights Institutions in the execution process of the judgments of the European Court of Human Rights. By virtue of Rule 9 of the Rules of the Committee of Ministers, ngos and nhris are empowered to be involved in this process by submitting written Communications for consideration by the Committee of Ministers. This exploratory research identifies the role ngos and nhris play through Rule 9, and demonstrates the added value of involving these actors in this respect. As such, this article provides a first inventory and exploration of these Rule 9 Communications, detailing the extent to which Rule 9 is made use of, by whom, in what way and, finally, whether these Communications (visibly) play a role in the supervision process. Combined, this reveals that ngos and nhris use Rule 9 to review, assess and report on the performance of domestic authorities with regard to the execution of judgments of the ECtHR. In doing so, they appear to act as an amicus in the execution process, by providing valuable observations at the echr level and, as such, it is argued that their participation is a welcome one.

El papel de las instituciones nacionales de derechos humanos en el ámbito de la responsabilidad empresarial

Un actor fundamental en la discusión sobre la responsabilidad de las empresas, en materia de derechos humanos, son las instituciones nacionales de derechos humanos. A través de distintas competencias, tienen la capacidad de contribuir al desarrollo de capacidades tanto en el sector público como en el privado, lo cual les permite participar directamente en la difusión e implementación de los Principios Rectores sobre las Empresas y los Derechos Humanos de la ONU. Aún más, en el marco de las negociaciones sobre la posibilidad de adoptar un tratado en la materia, será importante considerar el papel que dichas instituciones pueden desempeñar, a fin de colaborar activamente en la construcción de una cultura empresarial de derechos humanos.

Legislative, institutional and policy reforms to combat violence against women in Afghanistan

Since the fall of Taliban regime in 2001, the government of Afghanistan, in a bid to promote human rights and specifically women’s rights, made several legislative and institutional advances. These included the establishment of the Afghanistan Independent Human Rights Commission (AIHRC) as a national human rights institution, Ministry of Women’s Affairs, Departments of Women’s Affairs and Gender, Human Rights Units in various ministries and the passing of the Law on Elimination of Violence against Women (EVAW Law) through a Presidential Decree in 2009. Afghanistan is a signatory to several international human rights instruments, including the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW). International treaties and Conventions to which Afghanistan is a signatory forbid all types of discrimination against girls and women and oblige Afghanistan to eliminate all types of discrimination, violence and other possible detrimental practices against women. This paper aims to critically analyse the international obligations of Afghanistan concerning violence against women and the necessary legal and institutional amendments for providing better protection for such victims. This paper has pursued a reformist agenda to eliminate violence against women, which is largely caused by weaknesses in Afghanistan’s legal, institutional and policy frameworks regarding women. The existing legal environment in Afghanistan comprises three incoherent sources of law—State legal code, customary practices and Islamic sharia law. Adopting and implementing the recommendations are likely to contribute significantly to the emancipation of women in Afghanistan. Thus, as part of the reformist agenda adopted by this paper, violence against women warrants urgent legal, institutional and policy reforms.

National Human Rights Institutions and Sustainable Development with Specific Reference to Selected African Examples

That National Human Rights Institutions (NHRIs) play an important role in the protection and promotion of human rights is a well-known fact. This has been widely acknowledged by the United Nations (UN). Also well-known is the fact that several African countries have enacted new constitutions during the last two to three decades. One of the most salient features of those new constitutions is that they establish NHRIs, among other things. Given their unique role and mandate, these NHRIs can and do play an important role in the realisation of the sustainable development goals contained in the UN 2030 Agenda for Sustainable Development. Adopting a case study approach, this article explores the role NHRIs have played in the promotion and protection of human rights in selected African countries and implications for sustainable development in those countries. The main argument is that there are several lessons African countries can learn from each other on how their NHRIs can more meaningfully play that role. Accordingly, best practice and comparative lessons are identified and it is recommended that NHRIs can contribute to sustainable development more meaningfully if they can make themselves more relevant, credible, legitimate, efficient and effective.

The role and effectiveness of national human rights institutions: lessons from selected African countries†

The purpose of this paper is to discuss and determine the role that national human rights institutions have played in promoting and protecting human rights in selected African countries. The countries chosen for discussion include South Africa, Uganda, Kenya, Ghana and Ethiopia. There are specific reasons for the choice of these countries. The paper highlights these reasons before discussing the various human rights institutions in detail and concluding with comparative lessons and recommendations on how the role and effectiveness of these institutions can be enhanced.

National Human Rights Institutions (nhris) in asean

This paper analyses and compares the protection capacity of National Human Rights Institutions (nhris) in the Philippines and Thailand, as well as the impact of governmental action on their performances. Here, protection capacity means the extent to which the law authorizes the nhris to carry out protective functions in dealing with human rights violations. This comparison evidences that the Philippines’ nhri has greater protection capacity and much more stable mandates than the Thai nhri. Moreover, although the two nhris share the same core mandates to receive complaints of human rights violations, to investigate them, recommendation of remedial measures to the concerned parties, and referral to legal channels, the ways in which these mandates are carried out in the two countries differ. Also the legal and political means by which the governments of both countries have impacted the nhris’ performances, differ considerably.

‘An ombudsman for Mauritius?’ Decolonization and state human rights institutions in the 1960s

AbstractMauritius had a pivotal role in the evolution and spread of state human rights institutions in the 1960s. The island offered an influential model for how an ombudsman, a Scandinavian mechanism, could be transported to postcolonial, economically developing, and multi-racial countries. However, this was a compromised mechanism that fell short of local ambitions for an effective guarantee of individual rights, minority protections, and socioeconomic justice. This article argues that the Mauritian ombudsman embodied the uneven power-laden struggles of the postcolonial transition, where British colonial imperatives and jealousy over sovereign authority predominated. With the use of private papers, British archival records, and Mauritian legislative debates, the article examines the relationship between decolonization and the early precursors to national human rights institutions, later popularized in the 1990s. The findings are critical for recognizing the inherent limitations of these institutions and the forgotten possibilities imagined by some anti-colonial actors for remaking postcolonial society.

On the Establishment of a National Human Rights Institution in China

Contemporary human rights have universal values, and human rights issues are important factors in assessing the legitimacy of a government . The Paris Principles provide an international standard to establish a national human rights institution in each country. To comply with the development of international human right cause and overcome deficiency of decentralized domestic human rights institutions, it is necessary to establish a kind of national human rights institution which is in line with international standards as well as the situation of China. Based on a number of conditions that has been initially possessed for the establishment of a national human rights institution, China should make further preparations progressively for the institution’s establishment in order to implement the constitutional principles and fulfill its international obligations.