23 (XXXIV). National institutions in the field of human rights[1]26

The Commission on Human Rights, Recalling General Assembly resolutions 1961 (XVIII) of 12 December 1963 and 2200 C (XXI) of 16 December 1966 and Economic and Social Council resolutions 9 (II) of 21 June 1946, 772 B (XXX) of 25 July 1960 and 888 (XXXIV) of 24 July 1962, Bearing in mind the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the international instruments in the field of human rights, Recalling also the concepts contained in General Assembly resolution 32/130 of 16 December 1977, Recognizing the importance of action by Member States to develop and utilize their national machinery for the effective realization of human rights, Recognizing also that at present the international community has insufficient information regarding existing types of national institutions for the promotion and protection of human rights,

1. Invites Member States, within the framework of their national legislation and policy and according to their available means, to set up national institutions for the promotion and protection of human rights;

2. Recommends that these national institutions should have such structure, composition and recommendatory or other powers as the Government of the Member State concerned may wish to give them, keeping in mind both the legal, judicial, executive and other systems of the country and the goal of the realization and effective achievement of all human rights and fundamental freedoms;

3. Decides that the seminar on national and local institutions in the field of human rights, to be held under the advisory services programme in September 1978, should, as a part of its task, suggest certain possible guidelines for the structure and functioning of national institutions, based on the provisions of the present resolution and the annex thereto;

4. Requests the Secretary-General to circulate both the present resolution and the above-mentioned guidelines suggested by the seminar to all Member States for their comments and suggestions;

5. Requests Member States to comment upon the guidelines circulated by the Secretary-General in accordance with paragraph 4 above and to make suggestions regarding future guidelines which could be available to Governments of Member States for their assistance in setting up such national institutions in the field of human rights;

6. Invites Member States, with a view to the exchange of information and experience in regard to the functioning of national and local institutions in the field of human rights, to communicate to the Secretary-General all relevant information on that subject;

7. Requests the Secretary-General to prepare a report containing all the information so received from Member States, together with their comments and suggestions regarding possible guidelines for national institutions to be set up in the future and to circulate this report to the members of the Commission on Human Rights as early as possible, before the thirty-fifth session of the Commission;

8. Decides to consider this report of the Secretary-General under a sub-item entitled, "The importance of national institutions in the field of human rights", under the item "Further promotion and encouragement of human rights and fundamental freedoms, including the question of the programme and methods of work of the Commission".

Annex SOME POSSIBLE FUNCTIONS WHICH COULD BE PERFORMED BY NATIONAL INSTITUTIONS IN THE FIELD OF HUMAN RIGHTS, IF SO DECIDED BY THE GOVERNMENT CONCERNED

National institutions could:

(a) Act as a source of relevant information for the Government of a Member State and for the people of that country regarding matters connected with human rights;

(b) Assist in the education of public opinion towards an awareness of and respect for human rights;

(c) Consider, deliberate upon and make recommendations, within their specified terms of reference, regarding any particular state of affairs that may exist nationally that the Government may wish to refer to them;

(d) Advise on any questions regarding human rights referred to them from time to time by their national Government;

(e) Study and keep under review the status of legislation, judicial decisions and administrative arrangements for the promotion of human rights, and prepare and submit, in this connexion, periodic reports at prescribed intervals to the appropriate authorities designated by the Government of the Member State concerned;

(f) Perform any function which the Government of a Member State may wish to assign to them in connexion with its duties under those international conventions in the field of human rights to which it is a State party.



[1]26 Adopted at the 1473rd meeting, on 8 March 1978, without a vote. See chap. IX.
Disclaimer:

This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.