This is the first Commonwealth-wide comparative study of national human rights institutions (NHRIs), and is designed to help everyone interested in establishing and developing NHRIs to improve their effectiveness. The study looks at the international framework for the protection of human rights, and the historical and political background to the establishment of NHRIs and ombudsman offices. The individual mandates of various institutions are considered, looking at them region by region. Finally, the study compares the normative framework and mandates of the NHRIs are analysed, comparing what NHRIs are empowered to do and what they are doing in practice, though value judgements as to the merits and demerits of individual named institutions are avoided. Rather than provide a detailed theoretical analysis, the study concentrates on helping practitioners and policy-makers improve the working of NHRIs in practice, and will be a useful tool both to the institutions themselves and to all those who wish to support them.

Compendium of documents on National Human Rights Institutions in eastern and southern Africa Edited by Charles M Fombad 2019 ISBN: 978-1-920538-95-8 Pages: 898 Print version: Available Electronic version: Free PDF available About the publication Africa’s increasing recognition and protection of human rights have been accompanied by a surge in the number of NHRIs established with broad mandates to promote and protect human rights. The mandates and powers of the NHRIs vary from country to country, as does their ability to deliver on these mandates. Indeed, the rapid increase in the number of NHRIs in Africa has come with a variety of substantive and operational challenges. In the face of such challenges, those who work in NHRIs need to understand the broader regional and global context in which the institutions operate and the changing nature of human rights issues. This compendium provides an overview of NHRIs in eastern and southern Africa. It is guided to a large extent by the internationally agreed-upon Principles Relating to the Status of National Institutions, referred to as the Paris Principles. These Principles are broadly accepted as the benchmark against which the legitimacy and credibility of NHRIs can be assessed. Endorsed by the United Nations General Assembly in 1993, the Paris Principles provide NHRIs with guidelines as to their competence and responsibilities, their composition and guarantees of independence and pluralism, and their methods of operation; additional principles relate to the status of commissions with quasi-jurisdictional competence. The generous financial support of the Konrad Adenauer Stiftung, Rule of Law for Sub-Saharan Africa, Nairobi, Kenya office, is gratefully acknowledged. Table of Contents PREFACE INTRODUCTION AN OVERVIEW OF NHRIS IN EASTERN AND SOUTHERN AFRICA THE OMBUDSMAN OF ANGOLA THE OFFICE OF THE OMBUDSMAN IN BOTSWANA THE BURUNDIAN INDEPENDENT NATIONAL HUMAN RIGHTS COMMISSION THE DEMOCRATIC REPUBLIC OF THE CONGO’S NATIONAL COMMISSION ON HUMAN RIGHTS 6 PART B THE SWAZILAND COMMISSION ON HUMAN RIGHTS AND PUBLIC ADMINISTRATION INTEGRITY THE ETHIOPIAN HUMAN RIGHTS COMMISSION THE KENYA NATIONAL COMMISSION ON HUMAN RIGHTS THE LESOTHO HUMAN RIGHTS COMMISSION THE LESOTHO HUMAN RIGHTS COMMISSION THE NATIONAL HUMAN RIGHTS COMMISSION OF MAURITIUS THE RWANDAN NATIONAL COMMISSION FOR HUMAN RIGHTS THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION THE TANZANIAN COMMISSION FORHUMAN RIGHTS AND GOOD GOVERNANCE THE ZAMBIAN HUMAN RIGHTS COMMISSION THE ZIMBABWE HUMAN RIGHTS COMMISSION NATIONAL HUMAN RIGHTS INSTITUTIONS IN EASTERN AND SOUTHERN AFRICA: LESSONS AND PROSPECTS FOR THE FUTURE

This collection of essays explores the notion, tools and challenges of human rights diplomacy, which is understood as the utilisation of diplomatic negotiation and persuasion for the specific purpose of promoting and protecting human rights. Theoretical reflections are combined with first-hand accounts from a range of policy-makers involved in human rights diplomacy at the bilateral, regional and multilateral (UN) level. Contributors include inter-governmentally appointed office-holders, human rights ambassadors, members of UN human rights treaty bodies and representatives of inter-governmental organisations, national human rights organisations and non-governmental organisations. Their analysis shows that skilful and principled diplomacy can become a crucial part of a holistic approach to human rights protection, complementing other means such as legal remedies, public advocacy, political pressure and technical assistance. This book builds on discussions at a high-level workshop on the topic, organised by the University of Nottingham Human Rights Law Centre, the European Inter-University Centre for Human Rights and Democratisation and the Adam Mickiewicz University of Poznań.

This book uses comparative law and comparative international law approaches to explore the role of human rights ombuds, classic-based ombuds and other types of ombuds institutions in human rights protection and promotion, their methods of application of international and domestic human rights law and their roles in strengthening good governance. It highlights the increasing importance of national human rights ombuds institutions globally and their roles as national human rights institutions (NHRIs). Chapters address: ombuds institutions as mechanisms to strengthen democratic, horizontal and vertical accountability, the rule of law and good governance; national human rights ombuds institutions as NHRIs; the investigatory, litigation, promotional and other powers of human rights and classic-based ombuds and their methods for applying international and domestic human rights law; ombuds institutions and the protection and promotion of international children’s rights; national human rights ombuds additional mandates as OPCAT national preventive mechanisms, UN Convention on the Rights of Persons with Disabilities Article 33(2) framework mechanisms and EU national equality bodies; human rights ombuds and business and human rights; ombuds institutions, gender and women’s rights; the European Ombudsman and human rights; national human rights ombuds and other ombuds models by region, accompanied by case studies on national human rights ombuds; and the legal and extra-legal factors affecting ombuds institutional effectiveness.

National Human Rights Institutions (NHRIs) – human rights commissions and ombudsmen – have gained recognition as a possible missing link in the transmission and implementation of international human rights norms at the domestic level. They are also increasingly accepted as important participants in global and regional forums where international norms are produced. By collecting innovative work from experts spanning international law, political science, sociology and human rights practice, this book critically examines the significance of this relatively new class of organizations. It focuses, in particular, on the prospects of these institutions to effectuate state compliance and social change. Consideration is given to the role of NHRIs in delegitimizing – though sometimes legitimizing – governments' poor human rights records and in mobilizing – though sometimes demobilizing – civil society actors. The volume underscores the broader implications of such cross-cutting research for scholarship and practice in the fields of human rights and global affairs in general.

Sonia Cardenas offers the most comprehensive account to date of the emergence of national human rights institutions, exploring why states create these institutions and examining their impact on contemporary human rights struggles.