1-4. 국제인권제도와의 교류
1-4. Interaction with the International Human Rights System
채택일 2018. 2. 21.
G.O. 1.4 Interaction with the international human rights system
The Paris Principles recognise that monitoring and engaging with the international human rights system, in particular the Human Rights Council and its mechanisms (Special Procedures and Universal Periodic Review) and the United Nations Human Rights Treaty Bodies, can be an effective tool for NHRIs in the promotion and protection of human rights domestically.
Depending on existing domestic priorities and resources, effective engagement with the international human rights system may include:
- submitting parallel or shadow reports to the Universal Periodic Review, Special Procedure mechanisms and Treaty Bodies Committees;
- making statements during debates before review bodies and the Human Rights Council;
- assisting, facilitating and participating in country visits by United Nations experts, including special procedures mandate holders, treaty bodies, fact finding missions and commissions of inquiry; and
- monitoring and promoting the implementation of relevant recommendations originating from the human rights system.
While it is appropriate for governments to consult with NHRIs in the preparation of a state’s reports to human rights mechanisms, NHRIs should neither prepare the country report nor should they report on behalf of the government. NHRIs must maintain their independence and, where they have the capacity to provide information to human rights mechanisms, do so in their own right. NHRIs should not participate as part of a government delegation during the Universal Periodic Review, during periodic reviews before the Treaty Bodies, or in other international mechanisms where independent participation rights for NHRIs exist. Where independent participation rights for NHRIs do not exist in a particular fora and an NHRI chooses to participate in proceedings as part of a state delegation, the manner of their participation must clearly distinguish them as an independent NHRI.
In considering their engagement with the international human rights system, NHRIs are encouraged to actively engage with the Office of the United Nations High Commissioner for Human Rights (OHCHR), GANHRI, their Regional Network and other NHRIs, as well as international and national NGOs and civil society organizations.
JUSTIFICATION
Sections A.3(d) and A.3(e) of the Paris Principles give NHRIs the responsibility to interact with the international human rights system in three specific ways. That is, NHRIs are required:
1. To contribute to country reports submitted to United Nations bodies and committees, and to regional institutions, in line with the States’ treaty obligations;
2. To express an opinion on the subject, where necessary, with due respect for their independence; and
3. To cooperate with the United Nations and any other organization in its system, as well as with regional human rights institutions and the NHRIs of other countries.
The SCA is of the view that NHRI engagement with international bodies is an important dimension of their work. Through their participation, NHRIs connect the national human rights enforcement system with international and regional human rights bodies. Domestically, NHRIs play a key role in raising awareness of international developments in human rights through reporting on the proceedings and recommendations of treaty-monitoring bodies, special procedures mandate holders and the Universal Periodic Review. Their independent participation in human rights mechanisms through, for example, the production of parallel reports on the State’s compliance with treaty obligations, also contributes to the work of international mechanisms in independently monitoring the extent to which states comply with their human rights obligations.
Moreover, NHRI participation in regional and international coordination bodies serves to reinforce their independence and effectiveness, overall. Through exchanges, NHRIs are provided with an opportunity to learn from shared experiences. This may lead to collectively strengthening each other’s positions and contributing to resolving regional human rights issues.
NHRIs are encouraged to monitor the states’ reporting obligations under the Universal Periodic Review and the international treaty bodies, including through dialogue with the relevant treaty body committees.
While it is appropriate for governments to consult with NHRIs in the preparation of a state’s reports to human rights mechanisms, NHRIs should neither prepare the country report nor should they report on behalf of the government. NHRIs must maintain their independence and, where they have the capacity to provide information to human rights mechanisms, do so in their own right.
The SCA wishes to clarify that an NHRI’s contribution to the reporting process through the submission of stakeholder or shadow reports under relevant international instruments should be done independently of the state, and may draw attention to problems, issues and challenges that may have been omitted or dealt with inadequately in the state report.
The SCA recognizes the primacy of an NHRI’s domestic mandate, and that its capacity to engage with the international human rights system must depend on its assessment of domestic priorities and available resources. Within these limitations, NHRIs are encouraged to engage wherever possible and in accordance with their own strategic priorities. In so doing, the SCA highlights that NHRIs should:
• avail themselves of the assistance offered by OHCHR, which provides technical assistance and facilitates regional and global cooperation and exchanges among NHRIs; and
• engage with GANHRI, their respective regional SCA representative and Regional Network
참고 정보 링크 서비스
| • 일반 논평 / 권고 / 견해 |
|---|
| • 개인 통보 |
|---|
| • 최종 견해 |
|---|