1-11. 국가인권기구의 연례보고서
1-11. Annual Reports of NHRIs
채택일 2018. 2. 21.
G.O. 1.11 Annual reports of NHRIs
Annual, special and thematic reports serve to highlight key developments in the human rights situation in a country and provide a public account, and therefore public scrutiny, of the effectiveness of an NHRI. The reports also provide a means by which an NHRI can make recommendations to government and monitor respect for human rights by government.
The importance for an NHRI to prepare, publicize and widely distribute an annual report on its national situation with regard to human rights in general, and on more specific matters, is stressed. This report should include an account of the activities undertaken by the NHRI to further its mandate during that year and should state its opinions, recommendations and proposals to address any human rights issues of concern.
The SCA considers it important that the enabling laws of an NHRI establish a process whereby its reports are required to be widely circulated, discussed and considered by the legislature. It is preferable for the NHRI to have an explicit power to table reports directly in the legislature rather than through the Executive and, in so doing, to promote action on them.
Where an NHRI has made an application for accreditation or re-accreditation, it will be required to submit a current annual report, that is, one from the preceding year’s reporting period. Where the published report is not in one of the GANHRI languages, a certified translation of the key elements of the report must be submitted in its application for accreditation. The SCA finds it difficult to assess the effectiveness of an NHRI and its compliance with the Paris Principles in the absence of a current annual report.
JUSTIFICATION
Section A.3(a) of the Paris Principles requires NHRIs to be responsible for, “submit[ting] to the Government, Parliament and any other competent body, […] reports on any matters concerning the promotion and protection of human rights.” It states that institutions “may decide to publicize them”, and enumerates the four areas that these reports shall relate to:
(i) Recommendations on the creation or amendment of any legislative or administrative provisions, including bills and proposals;
(ii) Any situation of violation of human rights;
(iii) Human rights in general and on more specific matters; and
(iv) Proposals to put an end to human rights violations, and its opinion on the proposals and reaction of government to these situations.
With a view to assisting NHRIs in fulfilling their obligations pursuant to this provision of the Paris Principles, the SCA provides the following guidance on its requirements, based on international proven practices:
• Purpose of reports – Annual, special and thematic reports serve to highlight key developments in the human rights situation in a country and provide a public account, and therefore public scrutiny, of the effectiveness of an NHRI. The reports also provide a means by which an NHRI can make recommendations to government and monitor respect for human rights by government;
• Content of reports – The annual report of an NHRI is a vital public document that not only provides a regular audit of the government’s performance on human rights but also an account of what the NHRI has done. As such, this report should include an account of the activities undertaken by the NHRI to further its mandate during that year and should state its opinions, recommendations and proposals to address any human rights issues of concern, and the government’s action on its recommendations;
• Publication of reports – It is important for an NHRI to publicize and widely distribute an annual report on its national situation with regard to human rights in general, and on more specific matters. It is vitally important that all the findings and recommendations of the NHRI be publicly available as this increases the transparency and public accountability of the NHRI. In publishing and widely disseminating its annual report, the NHRI will play an extremely important role in educating the public on the situation of human rights violations in the country;
• Submission of reports – The NHRI should be given the legislative authority to table its reports directly to the legislature rather than through the Executive. The legislature should be required to discuss and consider the reports of the NHRI, so as to ensure that its recommendations are properly considered by relevant public authorities.
The SCA finds it difficult to review the accreditation status of an NHRI in the absence of a current annual report, that is, a report dated not earlier than one year before the time it is scheduled to undergo an accreditation review by the SCA.
참고 정보 링크 서비스
| • 일반 논평 / 권고 / 견해 |
|---|
| • 개인 통보 |
|---|
| • 최종 견해 |
|---|