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National Human Rights Institutionsin countries of Eastern Partnership
Brussels, 17 October 2011
DRAFT PRESENTATION
International standards and accreditation
Recognition of NHRIs by international partners
NHRIs in Eastern Partnership countries at a glance
Technical Cooperation - capacity building
Polish-French cooperation project
Interim conclusions
Draft recommendations
OUTLINE
International standards and accreditation
The perspective of the international and regional human rights protection
systems
Shift of focus from standard-setting to standard-implementation
National Human Rights Institutions - one of the pillars of national hr protection systems
reaffirms the important and constructive role played by NHRIs, in particular:
their advisory capacity to the competent authorities,
their role in remedying human rights violations,
their role in dissemination of human rights information,
and education in human rights;
VIENNA DECLARATION AND PROGRAMME OF ACTION1993
encourages:
establishment and strengthening of national institutions,
having regard to the ‘Principles relating to the status of national institutions’ [so called ‘Paris Principles’ – see below],
recognizing that it is the right of each State to choose the framework which is best suited to its particular needs at the national level.
VIENNA DECLARATION AND PROGRAMME OF ACTION1993
“NHRIs compliant with the Paris Principles are
essential to national human rights protection
systems […]. They can play a crucial role in
promoting and monitoring the effective
implementation of international human rights
standards at the national level, a role which is
increasingly recognized by the international
community.”
The UN Secretary General on NHRIs
a national advisory commission
on human rights
a national anti-discrimination
/equality commission
an ombudsmana national
commissionon human rights
TYPES OF NHRIs
a national preventive mechanism
NHRIs should, in particular:
be set up under the constitution or other legislative acts of
the country (not by an instrument of the Executive),
be vested with competence to promote and protect human
rights,
operate independently, in particular from the executive,
submit recommendations, proposals and reports to the
Government or parliament on any matter relating to human
rights.
The international standards of NHRIs
PARIS PRINCIPLES pt. I
NHRIs should, in particular:
receive and act upon individual or group complaints of
human rights violations,
contribute to interaction of national authorities with
international human rights mechanisms and procedures
and between domestic actors,
ensure the pluralist representation of social forces (of
civil society) engaged in the protection and promotion of
human rights.
The international standards of NHRIs
PARIS PRINCIPLES pt. II
COUNCIL OF EUROPE
CE Committee of Ministers rec.
R(97)14•Recommends that the governments of member states •Consider […] the possibility of establishing effective national human rights commissions which are pluralist in their membership, ombudsmen, or comparable institutions.
PACE RES. 1605 (2003)•independent•appointed by a parliament•politically neutral•enjoying personal immunity•guaranteed sufficient resources•entitled to prompt and unrestricted access to all information•accessible•entitled to confidentialit•empowered to give opinions and make proposals
Categories status “A” means that the given NHRI acts in compliance
with the Paris Principles,
status “B” means that the NHRI is not fully in compliance with the Paris Principles,
status “C” means non-compliance with the Paris Principles.
Accreditation procedure
ICC Sub-Committee on Accreditation
Re-accreditation every 5 years
BELARUS has no NHRI to be qualified in terms of Paris Principles.
NHRI ACCREDITATION
NHRIs= the major partner in international
human rights dialogue
source of information& cooperating partner
for the HRC (UPR), and its special procedures
source of information & cooperating partner
for human rights treaty bodies
cooperating partnerfor EU, OHCHR,
Council of Europe & other intern.
and bilateral partners
THE ROLE OF NHRIs WITH “A” STATUS IN INTERNATIONAL HUMAN RIGHTS COOPERATION
oral statements& submitting written statements
separate seating in all sessions
interventions after a country mission by special procedures
submitting documents
SPECIAL RIGHTS OF NHRIs WITH “A” STATUS IN THE HRC
Creation of NHRIs regional groups
European Group of NHRIs:Armenia, Azerbaijan, Georgia and Ukraine
+ 30 countries
SPECIAL RIGHTS OF NHRIs WITH “A” STATUS IN THE HRC
Recognition of NHRIs by international partners
OVERALL AIM: promotes compliance by NHRIs with Paris Principles.
SPECIFIC OBJECTIVES:
encourages the networking and sharing of good practices among NHRIs,
supports the strengthening of NHRIs’ regional networks,
facilitates NHRIs’ access to UN country teams and other partners,
facilitates NHRIs’ interaction with the UN human rights
mechanisms,
provides support to the International Coordinating Committee.
UN OHCHR
UNDPMany country offices of UNDP offer assistance to NHRIs as part of programs related to the rule of law, governance and democracy, and human rights. Some projects have also been supported by this Program in Eastern Partnership countries (e.g. in Georgia, Moldova).
OVERALL AIM: promotes the establishment of NHRIs as an independent and effective institution – initial focus on ombudsman; since eighties also on the collective NHRIs.
SPECIFIC OBJECTIVES:
horizontal cooperation between NHRIs - to exchange views and experience, strengthening the capacity of NHRIs, enhancement of thematic expertise, building National Preventive Mechanisms.
COUNCIL OF EUROPE
OVERALL AIM: monitors the situation of human rights defenders, including NHRIs and ombudsmen. Identifies challenges and obstacles faced by human rights defenders.
SPECIFIC OBJECTIVES: assisting in the development of independent NHRIs, strengthening the capacity of NHRIs, promoting the cooperation between NHRIs and NGO, focus on cooperation via local OSCE offices.
OSCE/ODIHR
OVERALL AIM: promotes the establishment and strengthening of NHRIs in compliance with Paris Principles.
SPECIFIC OBJECTIVES:
strengthening capacities of the NHRIs, enhancement of horizontal cooperation, enhancement of thematic expertise.
EUROPEAN UNION
NHRIs in Eastern Partnership countries at a glance
ARMENIA
HUMAN RIGHTS DEFENDER
Enshrined in the 1995 Constitution, established in 2004
Appointed and revoked by the Parliament
The executive power has no direct control over the
ombudsman, but
the President can propose candidates for the office
Enjoys immunities and guarantees of independence
Funded from the state budget
ARMENIA
MANDATE
• Supporting individuals in
protection of their rights and
freedoms
• Creation of state guarantees,
and mechanisms for the
protection of human rights and
fundamental freedoms
• Improving the country’s level of
legal and juridical protection of
the people
• NPM - implementing the OPCAT
POWERS
• Handling individual cases – acting on complaints from individuals
• May not consider complaints in cases which fall under purview of a court
• Can initiate constitutional control of normative acts
• Right to review draft laws related to hr prior to submission
• As part of the complaint procedure, may access premises, documentation and information from any state institution
• As a result of the complaint procedure, may demand from the relevant authorities to take actions to stop/address violations
• Cannot initiate investigations on his/her own initiative
ARMENIA
INTERACTION
• Cooperation with NGOs• Foreign support from both
international organizations (OSCE/ODHIR, EU, UNDP, COE+EU) and countries: Polish-French Project, the Netherlands
• Example EU projects: „Support to the Office of the Human Rights Defender of the Republic of Armenia” (1m EUR), „Effective protection of human rights through the Human Rights Defender’s Institute as a National Preventive Mechanism in accordance with the Optional Protocol of the Convention against Torture (OPCAT)” (300k EUR)
• Participates in the joint CoE-EU „Peer to Peer” programs
ASSESSMENT
• Graded „A” for compliance with Paris Principles in 2008. Scheduled re-accreditation in October 2011• Ombudsman’s annual reports show an increased need for cooperation between the ombudsman and state authorities, in particular with the parliament• The annual reports also indicate decreased funding in recent years • Other reports (UPR) refer to challenges to reaching out to communities and the need to strengthen partnership with civil society institutions• CEDAW and CRC recommended establishment of special positions dealing with women and children rights • Recommendations (UPR) which enjoyed the support of the Government dealt inter alia with increase of monitoring, expansions of the work in regions, capacities for addressing child issues, resources for NPM
AZERBAIJAN
COMMISSIONER FOR HUMAN RIGHTS
Enshrined in the 1995 Constitution, established in 2002
Appointed and revoked by the Parliament
The executive power has no direct control over the
ombudsman, but
the President has the exclusive right to propose candidates
for the
office.
Enjoys legal immunities and guarantees of independence
Funded from the state budget
AZERBAIJAN
MANDATE• Supporting individuals in protection of their rights and freedoms
• NPM - implementing the
OPCAT
• Local offices in major
cities
• Special counselor on
gender equality
POWERS• Handling individual cases – acting on complaints from individuals• May not consider complaints in cases which fall under purview of a court• Can initiate constitutional control of normative acts• As part of the complaint procedure, may access premises, documentation and information from any state institution• As a result of the complaint procedure, may demand from the relevant authorities to take actions to stop/address violations
AZERBAIJAN
INTERACTION
• Cooperation with NGOs
• Participates in the joint CoE-EU
„Peer to Peer” programs
• Polish-French Project
• Due to the rapid and strong growth
of its GNP, Azerbaijan has become a
donor of aid, while international
donors have noticeably reduced their
activity in the country; proposes that
the EU should focus on transfer of
know-how and best practices
ASSESSMENT
• Graded „A” for compliance with Paris
Principles in 2006. Currently under review
procedure with suggestion for lowering the
grade to „B” with pending protest by the
ombudsman (final decision before 22 October
2011)
• Issues raised in the accreditation process
include independence and appointment
procedure
• Ombudsman’s reports indicate adequate
funding and staffing. Highlight a need for
increased cooperation with state authorities
• CRC recommended establishment of special
positions dealing with children rights
BELARUS
No NHRI or equivalent institution which could be qualified under Paris Principles Recommendations by the Human Rights Council to establish such an institution “enjoyed the support of the Government” (UPR, HRC, 2010 – UN Doc. A/HRC/15/16)
GEORGIA
PUBLIC DEFENDER
Enshrined in the 1995 Constitution, established in 1997
Appointed and revoked by the Parliament
The executive power has no direct control over the
ombudsman, but
the President has a right to propose candidates for the office.
Enjoy legal immunities and guarantees of independence
Funded from the state budget
GEORGIA
MANDATE• Supporting individuals in protection of their rights and freedoms
• Guaranteeing the observance of human rights by state and local authorities
•Monitoring observation of human rights by state authorities
• Local offices in major cities• Educational activities in the field of human rights and freedom
• Implements the OPCAT NPM• Tolerance Center – the Council of National Minorities (CNM) and the Council of Religions (CR)
• Centre for Disability Rights • Center of Children’s Rights • Centre for Women’s Rights
POWERS•Handling individual cases – acting on complaints from individuals•Can initiate constitutional control of normative acts•Can act as amicus curie in cases involving human rights •As part of the complaint procedure, may access premises, documentation and information from any state institution•As a result of the complaint procedure, may request relevant authorities to take actions to stop/address violations•Can initiate investigations on his/her own initiative
GEORGIA
INTERACTION
• Cooperation with NGOs
• Cooperation: United Nations (via UNDP and
UNICEF), European Union, Council of Europe,
governments of several countries (Denmark,
Liechtenstein, Lithuania, Switzerland) and
NGOs (i. a. Open Society Foundation and
Raoul Wallenberg Institute)
• Polish-French Project
• Beneficiary of the EuropAid project
"Support to the Public Defender’s Office” in
the years 2008-2010 (1.4m EUR)
• Participates in the joint CoE-EU „Peer to
Peer” programs
ASSESSMENT
• Graded „A” for compliance with
Paris Principles in 2007
• Ombudsman reports need for
increased cooperation with state
authorities
• Reports of the Public Defender
indicate that the technical
cooperation plays a vital role in
enabling the office to carry out its
responsibilities in an effective
manner
MOLDOVA
PARLIAMENTARY ADVOCATES and CENTRE FOR HUMAN
RIGHTS
No constitutional framework. Established in 1998.
Polycratic institution – 4 Parliamentary Advocates supported
by the
CHR (equal in their rights)
Appointed and revoked by the Parliament
The executive power has no direct control over the
ombudsmen, but
the President has a right to propose candidates for the
office.
Enjoys legal immunities and guarantees of independence
Funded from the state budget
MOLDOVA
MANDATE• Supporting individuals in protection of
their rights and freedoms
• Guaranteeing the observance of
human rights by state and local
authorities
• Local offices in major cities
• Promoting changes in legislation
• Educating the society on human rights
• Cooperation with civil society
• Implementing the OPCAT NPM
• Protection of Children Rights
POWERS•Handling individual cases – acting on complaints from individuals•Can initiate constitutional control of normative acts•As part of the complaint procedure, may access premises, documentation and information from any state institution•As a result of the complaint procedure, may initiate court proceedings•As a result of the complaint procedure, may demand from the relevant authorities to take actions to stop/address violations•Can initiate investigations on his/her own initiative in case of severe violations of human rights
MOLDOVA
INTERACTION
• Extensive cooperation with NGOs
• Cooperation: United Nations (via
UNDP), European Union and
Council of Europe via the Joint
Program to support Democracy in
the Republic of Moldova (2010-
2012), and NGOs (i.a. Open
Society Foundation)
• Participates in the joint CoE-EU
„Peer to Peer” programs (present
focus: NPM)
• Polish-French Project
ASSESSMENT
• Graded „B” for compliance with Paris
Principles in 2008
• Issues raised in the accreditation
process include: funding and technical
capabilities, legal framework,
appointment procedure
• Ombudsmen report critical funding,
staffing and technical deficiencies as well
as need for increased cooperation with
state authorities
• Independent reports (UNDP, CoE) call
for writing the institution in the
Constitution, improved technical and
financial support, overhaul of the
appointment process and transformation
into a monocratic body
• The HR Committee was concerned that
the Centre for Human Rights of Moldova
was inadequately funded and that the
majority of complaints addressed to it
were not investigated
MOLDOVA
ASSESSMENT
• CRC recommended that the Republic of Moldova ensure that the Advocate for Children had adequate resources to exercise his or her mandate effectively
• CAT and HRC recommended that the Government clarify what constituted the national preventative mechanism on torture, and strengthen the independence and capacity of parliamentary advocates and the national preventative mechanism to carry out regular and unannounced visits to all detention places
• The Special Rapporteur on violence against women and CEDAW recommended that the Government strengthen the national machinery for the advancement of women with financial and human capacity and political authority
• CoE-ECRI recommended that the Republic of Moldova guarantee that the Ombudspersons’ decisions are implemented, and provide the Institution with all the means and resources it needs to carry out its various tasks.
UKRAINE
PARLIAMENTARY COMMISSIONER FOR HUMAN RIGHTS
Enshrined in the 1996 Constitution, established in 1998
Appointed and revoked by the Parliament
The executive power has no direct control over the
ombudsman
Enjoys immunities and guarantees of independence
Funded from the state budget
MANDATE• Protection and prevention of
violation of human rights
• Ensuring observance of human
rights by other state authorities
• 3 local offices
• Supporting harmonization of
Ukrainian law with adopted standards
• International cooperation in the field
of human rights
• Discrimination and protection of
personal data
POWERS•Handling individual cases – acting on complaints from individuals•Can initiate constitutional control of normative acts•As part of the complaint procedure, may access premises, documentation and information from any state institution•As a result of the complaint procedure, may request relevant authorities to take actions to stop/address violations, •Can initiate investigations on his/her own initiative
UKRAINE
UKRAINE
INTERACTION
• Cooperation with NGOs
• Foreign support from both
international organizations
(OSCE/ODHIR, UNDP, COE+EU) and
countries (Switzerland, Polish
Ombudsman)
• Polish-French Project
• Participates in the joint CoE-EU
„Peer to Peer” programs (present
focus: NPM)
ASSESSMENT• General observation: insufficient
documentation (i.a. annual reports)
available in commonly used foreign
languages makes assessment difficult
• Initially graded „B” for partial
compliance with Paris Principles in
2008 - upgraded to „A” in 2009
• ICC Accreditation, UN UPR - concerns
about independence, appointment
procedure, scope of NGO cooperation
• CoE Commissioner for Human Rights:
Emphasis on need for increased
cooperation between the ombudsman
and state authorities
• Ombudsman reports decreased
funding in recent years
Technical Cooperation- capacity building
OHCHR SURVEY ON NATIONAL HUMAN RIGHTS INSTITUTIONS
Many NHRIs need technical assistance related to:
organizational and resource management, knowledge of the international human rights system, relationships with public bodies and civil society, and the follow-up of NHRI recommendations by their respective
Governments.
OHCHR offers technical cooperation assistance for NHRIs
OHCHR has not developed a comprehensive programme specifically
designed for NHRIs in Eastern Partnership countries
OHCHR
OSCE/ODIHR
Human Rights Defenders in the OSCE Region: Our Collective
Conscience (2008).
OSCE focuses on challenges and threats to human rights
defenders, including NHRIS:
Threats, attacks on physical integrity
Right to liberty and freedom of movement
Freedom of association and assembly
Enabling and enhancing capabilities
Most of the above issues apply to NGOs and individual human rights
defenders, but NHRIs are also a focus of OSCE’s attention
OSCE offers technical cooperation assistance for NHRIs via local offices
The assistance is designed individually by each office
Long period of involvement in assistance in the creation and development of NHRIs in the CoE Member States (including Commissioner for Human Rights, Human Rights Directorate, and Venice Commission). Host of European NHRIs network (currently 50 NHRIs), including annual
meetings, workshops and seminars focusing on selected themes, structural issues and the involvement of NHRIs in the implementation of
the ECHR and the judgements of the European Court of Human Rights. NHRIs information and advisory centre, Central projects of particular interest to Eastern Partnership countries:
Peer-to-Peer Programme (2008-2009) - Joint EU-CoE project “Setting up an active network of independent non-judicial human rights structures”. Special focus on non EU member States.” Implementing agency: CoE Commissioner for Human Rights.
Peer-to-Peer II Programme (2010 – 2012) - Joint EU-CoE project „Promoting national non-judicial mechanisms for the protection of human rights and especially the prevention of torture.” Implementing agency: Legislative Support and National Human Rights
Structures Division, Directorate General of Human Rights and Legal Affairs.
COUNCIL OF EUROPE
EUROPEAN NEIGHBOURHOOD AND PARTNERSHIP INSTRUMENT (ENPI) The Strategy Paper of the Eastern Regional Programme for the years 2007 – 2013 reiterates:
one of the primary goals of the EU is “to promote democracy and human rights (…)”
“The EU’s development policy is driven (…) with the complementary aims of promoting good governance and respect for human rights. At the same time it emphasizes the need for a differentiated approach depending on contexts and needs.”
The Democracy and Human Rights instrument will provide support to promote human rights and freedoms.
Comprehensive Institution Building Program
EUROPEAN UNION
NO SPECIFIC REFERENCE TO NHRIs
THE EUROPEAN INSTRUMENT FOR DEMOCRACY AND HUMAN RIGHTS (EIDHR) - Strategy Paper 2007 – 2010
The purpose of this Instrument is to provide support for the promotion of democracy and human rights in non-EU countries. […]
Objective 2 of the Strategy: “Strengthening the role of civil society in promoting human rights and democratic reform, in supporting the peaceful conciliation of group interests and consolidating political participation and representation.”
While talking on Multiannual programming from 2007 to 2010, the strategy has identified the creation of an ombudsman as one of its desirable outcomes
EASTERN PARTNERSHIP (EPA)
Joint Declaration of the Prague Eastern Partnership Summit (7 May 2009)
“will be based on commitments to the principles of international law
and to fundamental values, including democracy, the rule of law and the respect for human rights and fundamental freedoms, as well as to,
market economy, sustainable development and good governance.“ “The EU will develop Comprehensive Institution-BuildingProgrammes individually with each partner country in order to
improve their administrative capacity, including through training, technical assistance and any appropriate innovative measures.”
The launch of the EPA increased the current credit line of the European Neighbourhood and Partnership Instrument by 350 million €
Comprehensive Institution-Building Programmes developed with Ukraine and Moldova have not specifically focused on the NHRIs so far
EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS
The Agency recognizes NHRIs as part of its main stakeholders. Establishment of NHRIs is seen as one of the key developments in the area of access to justice.
In 2010, the Agency published its comprehensive survey of NHRIs in all Member States
The Agency’s focus are NHRIs in EU Member States
POLISH-FRENCH INITIATIVE I
POLISH-FRENCH INITIATIVE I
POLISH-FRENCH INITIATIVE I
Initiated by the Polish Human Rights Defender in 2009 and
conducted in cooperation with the Defender of Rights
of the French Republic
Ombudsman institutions from all EP countries invited to participate
Project planned for the years 2009-2013
Annual topics: 2010 - solidarity, 2011 – violence and discrimination,
2012 – basic civil liberties, 2013 – rule of law
POLISH-FRENCH INITIATIVE II
Goals:
Reinforcing the NHRIs
Promoting solutions implemented in EU countries
Supporting the NGOs and stakeholders
90% of the project financed by the Polish MFA
Year 2009 ~ 35 000 EUR Year 2010 ~ 75 000 EUR
Year 2011 ~ 62 700 EUR
POLISH-FRENCH INITIATIVE III
Key areas
• The model of the institution
• NPM under OPCAT
• Crime victims
• Equal treatment and
antidiscrimination
• Poverty and social exclusion
• New technologies
INTERIM CONCLUSIONS
Institution-to-institution
approach ensures high impact of
the support
Cooperation should be focused
on key areas formulated as a
part of an overarching strategy
Substantial financial support
required for the project to reach
its full potential
Methods
• Seminars and workshops
• Institution visits
INTERIM CONCLUSIONS I INTERIM CONCLUSIONS I
NHRIs IN COUNTRIES OF THE EASTERN PARTNERSHIP
AS BENEFICIARIES OF EU COOPERATIVE PROGRAMMES
as recipients of direct and individual
support
as partners of cooperation among the NHRIs
supported/facilitated by EU
as participants in wider international cooperation
of NHRIs, supported by the EU
NHRIs in Eastern Partnership countries as recipients of direct and individual support
a wide range of institutional needs have been addressed -
from the review of relevant legislation and strengthening of the
independence of NHRIs, assessment and strengthening of
NHRIs’ substantive capacities, through building of regional
infrastructure to the purchase of vehicles
Relevant projects are orchestrated by the EU Delegations in
specific countries
NHRIs in Eastern Partnership countries as partners of cooperation among the NHRIs
the “Council of Europe facility” established by the European Commission within the Democracy and Human Rights Instrument - it should: “contribute to supporting the reform processes the six partner [Eastern Partnership] countries through a multilateral approach and to facilitating approximation to the Council of Europe and EU standards in core areas covered by the Eastern Partnership. […] It will allow for the mobilisation of Council of Europe expertise, peer to peer advice and the exchange of best practices among participating countries. It will also serve as a framework for multilateral activities (e.g. capacity-building, training) implemented by the Council of Europe […] there are no specific references to NHRIs in the available
documentation
POLISH-FRENCH INITIATIVE
NHRIs in Eastern Partnership countries as participants in wider international cooperation
in 2010, the European Commission has contributed to the Office of the UN High Commissioner for Human Rights almost 7 millions US$ of unearmarked support in the framework of Democracy and Human Rights Instrument.
Peer-to-Peer Programmes (2008-2009 and 2010-2012) – joint EU-CoE projects, currently following a two track
approach:
a) the promotion of NHRIs in general,
b) setting up and development of national preventive mechanisms against torture.
CONCLUDING OBSERVATIONS
1) Human rights are perceived as a theme (principle) permeating all relevant EU programmes.
2) It is difficult to draw the border-line between human rights 2) projects that are NHRIs relevant and other.
3) NHRIs are perceived as partners and frequently referred in 3) policy documents among relevant actors. It is not
entirely4) clear whether these references do have practical
impact.
CONCLUDING OBSERVATIONS
4) two programmes specifically target NHRIs:
a) Peer to Peer Programme (EU-CoE)Results - Achievements:
o intensive exchange and the promotion of good practices in various substantive human rights areas
o establishment of national preventive mechanisms against torture
b) the Polish-French initiative to establish a framework for knowledge and experience sharing among NHRIs from the Eastern Partnership Countries.
CONCLUDING OBSERVATIONS
5) Assistance is largely offered on a rather ad hoc basis – it does not seem to be based on thorough needs assessment providing a basis for a comprehensive strategy to help each individual NHRI to become a sustainable mechanism of the human rights protection, acting effectively and efficiently.
6) There is a room for improvement by giving NHRIs a stronger standing within coordinated efforts undertaken by international, regional and bilateral partners involved at the country level.
DRAFT RECOMMENDATIONSDRAFT RECOMMENDATIONS
The NHRIs in the countries of the Eastern Partnership have a considerable time of experience in both the implementation of their mandates and in international cooperation behind them. First of these institutions was established in 1997 (Georgia). Yet, cooperation offered by international organizations and bilateral partners continues to be vital for enabling these NHRIs to fully exploit their potential and comply with the Paris Principles.
In this context, it would be essential to develop a consistent European Union strategy (strategic approach) with a view to strengthening the capacities, autonomy and independence of NHRIs in accordance with the Paris Principles. Such a strategy should
• lead to the recognition of NHRIs across policies, programmes and projects on cooperation with the Eastern Partnership as crucial actors in the area of human rights, the rule of law and democracy,
• be based on coordinated and targeted approach, involving actors from within and outside the European Union, such as the Council of Europe, the OSCE, OHCHR, and UNDP, as well as from non-governmental organizations and civil society,
• follow the already implemented and principally effective double-track concept combining assistance offered to individual NHRIs with the support for networking among the NHRIs concerned,
• be implemented within a timeframe needed for ensuring the sustainability of results.
In the light of the NHRIs reports, such a strategy may target, in particular:
• strengthening the autonomy of the NHRIs in substantive, procedural and organizational terms and their effectively guaranteed independence, in particular from the executive power,
• equipping the NHRIs with the powers as well as substantive and organizational capacities to carry out their mandates, including in the area of analysis, intervention, prevention, and the promotion of the rights and freedoms,
• enhancing effectiveness and efficiency of handling complaints lodged by rights holders,
• strengthening the authority of the NHRIs among their domestic counterparts, in particular the parliament and various branches of the government, including law enforcement agencies and social services,
• maintaining effective links with the civil society, in particular with disadvantaged, excluded and vulnerable groups.
While formulating the overreaching strategy for cooperation with NHRIs from Eastern Partnership countries, it would be relevant to assess the current validity of issues raised in a series of Foreign Policy Briefing Papers on EU assistance to EP countries, published on behalf of the European Parliament's Committee on Foreign Affairs in 2008.
With a view to effectively assisting the NHRIs from Eastern Partnership countries and facilitating networking and cooperation among them, steps should be taken to better utilize the potential of the already undertaken initiatives.
The European Union should consider the establishment of a framework for supporting the initiative by the Polish and French ombudsmen to create a twinning network specially designed for the NHRIs in Eastern Partnership countries. Ensuring a sound financial basis for this initiative may give it a much needed impulse.
It could also be within this Polish-French initiative that common thematic priorities may be identified. Exchange of experience and peer to peer sharing of good practices may be helpful to all those involved. Further participation of NHRIs from Eastern Partnership countries in all-European and international programmes and projects carried out by various actors should be strongly encouraged, as e.g. in the EU-CoE Peer-to-Peer project under which two all-European networks were set up and are being nurtured, one for the general-purpose NHRIs and one of the National Preventive Mechanisms against torture. Since the relevant projects are coming to an end relatively soon, it would be essential to ensure their continuation or follow-up and thus, the sustainability of results.
The European Parliament may consider its greater involvement in generating a conducive climate of support for the NHRIs from Eastern Partnership countries by inter alia promoting the concept of the development and implementation of the aforementioned strategy aimed at strengthening the capacities and impact of these institutions and encouraging cooperation of various, in particular European, partners with the NHRIs from the region.
The European Parliament may also wish to place the compliance with the Paris Principles by and support for the NHRIs as a standing item on the agenda of the Parliamentary Cooperation Committees established in the framework of cooperation with the countries of Eastern Partnership, if this has not been done yet.
European Fundamental Rights Agency should be encouraged to integrate NHRIs in Eastern Partnership countries into its relevant analysis, programmes and activities. This would enable the NHRIs to benefit from the expertise gathered by this Agency.