The Role Of The National Human Rights Institutions

Rights Of Migrants At The Borders - The Role Of The National Human Rights Institutions Date: November 19, 2021 Diversity Of Independent Human Rights Actors 1. National Human Rights Institutions (NHRIs) 2. Ombudsman institutions 3. National Preventive Mechanisms 4. Specialized ombudsman institutions - e.g. children, persons with disabilities (NMMs), gender equality and similar 5. Equality bodies 6. Data protection agencies National Human Rights Institutions - State mandated bodies, independent from government - Broad legal or (preferably) constitutional mandate to promote and protect human rights at the national level - Recommendations, proposals...not binding! - Distinctive feature: on the basis of their compliance with the UN Paris Principles, NHRIs are periodically accredited before the Sub- committee on Accreditation (SCA) of the Global Alliance of NHRIs (GANHRI) -  A status - Fully compliant with Paris Principles  B status - Partly compliant with Paris Principles  No status - Not compliant with Paris Principles If it does not comply fully to the PP, a NHRI can be downgraded Ombudsman Institutions  Investigate cases of rights violations by public authorities, upon complaints or by own initiative - right to good administration  Limited promotional work, strong legal background  Public authorities have legal obligation to respond to requests  Can be established at national, regional and local level with broad or limited mandate diversified in many countries  The Venice Principles 2019  25 principles to guide their work, in 6 categories  No accreditation processes National Preventive Mechanisms - OPCAT, Art 3, 17-23  Each State Party shall set up, designate or maintain at the domestic level one or several visiting bodies for the prevention of torture and other cruel, inhuman or degrading treatment or punishment (hereinafter referred to as the national preventive mechanism) - Functional and personal independence, pluralistic and with professional knowledge - Powers: to regularly examine the treatment of the persons deprived of their liberty in places of detention, to make recommendations, policy advice - Must have sufficient resources, access to all places of detention without prior notice, access to all information, liberty to chose There Is No 'One Size Fits All'  One institution: Ombudsman = NHRI = NPM   Croatia, Poland, Spain, Portugal, Georgia, Albania, Lithuania, Latvia... Two separate institutions  Greece (Ombudsman= NPM + Greek National Commission for Human Rights),   Denmark (the Danish Parliamentary Ombudsman =NPM + DIHR) Three separate institutions  Great Britain (Equality and Human Rights Commission + Parliamentary and Health Service Ombudsman + HM Inspectorate of Prisons)  Netherlands (Institute for Human Rights + Ombudsman + Inspectorate for Implementation of Sanctions),  France (National Consultative Commission on Human Rights + Defenseur des Droits + Contôleur Général des lieux de privation de liberté  Other examples:  Germany, Italy, Switzerland... Why NHRIS? 1. State bodies, independent from the government 2. Broad legal mandate to promote and protect (all) human rights 3. Professional knowledge and experience 4. Access to information 5. Combining of the mandates allows for comprehensive assessments 6. Credibility 7. Recognized by Global Compact on Migration, OHCHR... NHRI's And Migrant's Rights At The Borders - Contributed to evidence  Conducting investigations  Monitoring crossing points, detention facilities  Individual complaints - Independent fundamental rights monitors for forced returns - Advising governments - Reporting to Parliaments, international and European actors - Supporting and cooperating with CSO's - Raising awareness - However,...  Limitations of the mandate(s)  Strong opposition from state authorities 1. Not implementing recommendations 2. Denying access to information 3. Discrediting the work 4. Harassments and threats against NHRI and its leadership 5. Limited resources Croatian Example  2015/2016: Monitoring the situation on the Serbo-Croatian border - the Balkan Route  Investigating complaints about the pushbacks and violence + visits to the police stations findings about the systemic shortcomings’ denial of access to data  Mol has denied all allegations, but has not substantiated any of their claims  Role of the Parliament  Cooperation with NGOs, NHRIs from Serbia and Bosnia  Strong media presence  How to measure effectiveness? How To Move Forward? - Key thematic areas for NHRI engagement: 1. Procedures at borders  Screening Regulation: MS should establish independent monitoring mechanism 2. Detention and reception 3. Return 4. Increased mandate and involvement of EU agencies - Collective NHRI' s monitoring?