by Miranda Tafoya & Judy Baladi
On March 15 and 16, the Global Alliance of National Human Rights Institutions (GANHRI) held its Annual Meeting at the Palais des Nations in Geneva, Switzerland. Over 200 participants, including National Human Rights Institutions (NHRIs) from all over the world and the NHRI team from the International Justice Clinic (Clinic) at UCI Law, along with NGOs, United Nations representatives, and others, joined this annual gathering to assess one important way in which human rights are implemented in domestic settings.
Whether they are advancing human rights-compliant public policy or providing a vehicle for rights-oriented engagement at all levels of government and civil society, NHRIs often play an important role in democratic and non-democratic societies. The Clinic’s NHRI team has developed a deep interest in the subject. Working with a coalition of advocates around the country, Clinic students (like ourselves!) have urged the establishment of an American NHRI, which would serve as an independent body to help bring the United States in line with international human rights norms and in full compliance with treaties it has ratified.
Given the increasing pressures and pushback human rights defenders are facing today, the Annual Meeting was an important opportunity to celebrate the 30th anniversary of the Paris Principles––a set of international standards that NHRIs must meet to gain credibility and to operate effectively––and the 75th anniversary of the Universal Declaration on Human Rights (UDHR). One of the goals of the conference was to “highlight the actions taken by NHRIs today to address the pressing human rights issues facing communities around the globe.” The existence of independent NHRIs promotes access to justice for all and builds effective, accountable, and inclusive institutions at all levels. This gathering of NHRIs represented an important step toward revitalizing the global consensus on human rights.
Knowledge Exchange
In order to create space for information sharing, GANHRI facilitated a Knowledge Exchange session on the prevention of torture and ill treatment. Participants split up into breakout groups and the Clinic’s NHRI team joined a group with representatives from the NHRIs of Australia, Croatia, Mongolia, Ireland, Ghana, Canada, Cameroon, the Commonwealth, Spain, along with observers from GANHRI. The Oversight Senior Advisor for the Association for the Prevention of Torture moderated the breakout group. Participants shared their NHRI’s achievements and priorities in addressing torture, promoting direct engagement with those at risk, and employing strategies to overcome challenges.
Participants emphasized that success in preventing torture and the use of force requires more than having a National Preventive Mechanism (NPM); it also depends on the full breadth of an NHRI’s mandate. They agreed that cooperation with civil society and government actors is key.
In the plenary session following the breakout discussions, rapporteurs from each group shared their insights. Many NHRIs had mandates for receiving and investigating complaints. They stressed the importance of educating prisoners on their legal rights and thoroughly training detention facility staff. While investigating torture claims and conducting routine inspections, many NHRIs are able to visit detention centers unannounced; however, many face resistence when entering non-conventional facilities such as migration detention centers and psychiatric facilities. Other challenges include a lack of resources and budget to monitor all facilities and a lack of cooperation by the government. Some NHRIs are unable to access criminal files because the government refuses to cooperate and maintain transparency.
Human Rights Work Today
The second day of the conference began with opening remarks from several leaders in the field, including GANHRI Secretary Amina Bouayach. She highlighted how NHRIs can make human rights a reality for all and that GANHRI’s mission is to support and strengthen the capacities of its members. The United Nations Development Programme Administrator, Achim Steiner, underscored that, at a time when human rights are regressing in many parts of the world, NHRIs are critical to ensure freedom of expression, protect human rights defenders, hold governments to account, and give a voice to the voiceless.
One session centered around “Human Rights in 2023, Key Trends & Threats.” Mikiko Otani, the Chairperson for the Committee on the Rights of the Child, shared that NHRIs help implement children’s rights at the national level by teaching children and adults about children’s rights. Mona M-Bikay from UPR Info urged NHRIs to leverage the full potential of Universal Periodic Review (UPR) to foster progress in human rights. Thanks to UPR, NHRIs have the opportunity to help make governments responsible for the political commitments they made when they accepted the responsibilities of the UPR. Michel Forst, the Special Rapporteur on Environmental Defenders under the Aarhus Convention and former UN Special Rapporteur on the protection of Human Rights Defenders, called on NHRIs to be more effective in adopting plans of action to protect climate defenders from violent attacks.
Another session –– “NHRIs and the Paris Principles in Today’s Context” –– featured panelists from NHRIs across all regional networks including: Rosalind Croucher, President of the Australian Human Rights Commission (AHRC); Joseph Whittal, Commissioner of Human Rights and Administrative Justice of Ghana; Blanca Izaguirre Lozano, National Commissioner of National Commission of Human Rights of Honduras; Maty Elhadji Moussa, President of the National Human Rights Commission of Niger; and Alyson Kilpatrick, Chief Commissioner of the Northern Ireland Human Rights Commission.
Professor Croucher spoke of the AHRC’s resilience and commitment to the Paris Principles and human rights when its relationship with the Australian government became tense during changes in the administration. Chief Commissioner Alyson Kilpatrick shared how the independence of Northern Ireland’s NHRI has been central to safeguarding the Good Friday Agreement, but that the NHRI is now facing threats to its funding and capacity. Deliberate attempts to undermine human rights work coupled with an underestimation of the value of human rights are, she said, threatening the NHRI’s A-status accreditation.
Commissioner Lozano shared similar concerns, discussing how corruption has led to attacks and attempts to delegitimize the Honduran NHRI. She highlighted gender-based challenges, particularly how the obligation to defend human rights falls disproportionately on women, especially in certain cultural contexts. Commissioner Whittal shared his experience working to disband witch camps while ensuring the reintegration of women accused of witchcraft into their respective communities. He also discussed how Ghana’s NHRI pushed a memorandum to their Parliament, highlighting the unconstitutionality of a Promotion of Family Values bill that seeks to roll back LGBTQ+ rights in Ghana. The President of Niger’s NHRI, Maty Elhadji Moussa, discussed how European policy has “moved the border to Niger” for migrants. He shared insights regarding challenges Niger’s NHRI faces when it advocates for migrant rights and assistance.
Promoting the Universal Declaration on Human Rights & the Paris Principles
A final breakout session focused on UDHR implementation and protection. The Clinic’s team joined a group with representatives from New Zealand, Scotland, Northern Ireland, Gambia, Rwanda, Sierra Leone, Malawi, and Malaysia. The Equal Employment Opportunities Commissioner of the New Zealand Human Rights Commission moderated the breakout group. Participants shared their achievements in ensuring that the UDHR is a lived experience for everyone, demonstrating how the Paris Principles contribute to an NHRI’s success and growth, how being a GANHRI member can add value to the domestic effort, and what kinds of challenges NHRIs face.
Participants emphasized the importance of a broad mandate and adherence to the Paris Principles in enabling public and private investigations. Independence, adequate budget, government participation, and civil society engagement are all key components necessary for an NHRI to uphold the UDHR effectively. NHRI representatives also agreed that GANHRI membership provides a unique opportunity to connect with other NHRIs to brainstorm solutions and interventions for difficult human rights issues.
Many participants pointed to cultural challenges when advocating for certain human rights protections, and how they are working to overcome such challenges. For instance, NHRIs combating child marriage are working to pass laws mandating secondary education and are developing educational programs to inform the public about the risks of early pregnancy, rather than attempting to outlaw child marriage altogether. Other NHRIs facing cultural pushback with respect to issues such as female genital mutilation are similarly utilizing educational programs to inform and change public opinion.
Hope for an American NHRI
The Clinic’s NHRI team shared with the meeting’s attendees the letter to Director of the Domestic Policy Council Susan Rice, signed by a coalition of 85 supporting organizations and 35 individuals. The coalition’s efforts and the Clinic’s participation in the Annual Meeting were met with significant excitement and support from NHRIs, NGOs, and other human rights advocates in attendance at the Annual Meeting. They expressed their willingness to help the United States think through key considerations, ranging from choosing a suitable NHRI model to navigating the rigorous accreditation process.
On March 27, 2023, nine members of Congress sent a letter urging the Biden Administration to seize the moment at the recent Summit for Democracy and announce the establishment of a presidential commision to explore the creation of an American NHRI. The American Civil Liberties Union (ACLU) has also launched a petition to Bring Human Rights Home with a National Human Rights Institution to strengthen this call.
President Biden has stated, “[d]emonstrating that our commitment to human rights begins at home is among the most powerful and persuasive tools in our foreign policy kit.” If the Biden Administration hopes to place values at the core of its foreign policy, we believe it must also address the gaps in its domestic human rights implementation. To fulfill this commitment to integrate and elevate human rights practices domestically, the U.S. Government must answer the global call to design and implement an NHRI to strengthen America’s commitment to human rights.
Our Takeaways
Each state embraces NHRIs with a distinctive signature connected to its own system of government and human rights needs. Despite the idiosyncrasies of each state’s political and legal landscape, the independence of an NHRI from its government is always paramount. NHRIs can only effectively hold governments accountable to their human rights obligations if their independence is protected.
GANHRI highlighted that independence is essential for an NHRI to pass the rigorous accreditation process. Conversations with GANHRI members at the Annual Meeting confirmed that modifying an existing institution to establish an American NHRI would face challenges in meeting the standards set by the Paris Principles. As such, the Clinic’s NHRI team will continue to explore available approaches, building on the Clinic’s December 2022 report with an NHRI case study project and the development of a website consolidating NHRI research and advocacy in the United States.
In an increasingly polarized political climate, it is critical to identify key government actors to push this initiative forward. Interviews with various NHRIs over the past couple years have highlighted the importance of finding appropriate political actors and moments to champion the establishment of an American NHRI. The Biden Administration should harness the global support that has been expressed towards pioneering an American NHRI. The moment to act is now.