the cooperation and strengthening of national institutions and to continuing to
examine all issues relating to the question of national institutions;
11. Welcomes also the Principles relating to the status of national institutions,
annexed to the present resolution;
12. Encourages the establishment and strengthening of national institutions
having regard to those principles and recognizing that it is the right of each
State to choose the framework that is best suited to its particular needs at the
national level;
13. Requests the Secretary-General to report to the General Assembly at its
fiftieth session on the implementation of the present resolution.
Annex
PART IV
Principles relating to the status of national institutions
1. A national institution shall be vested with competence to promote and protect
human rights.
2. A national institution shall be given as broad a mandate as possible, which shall
be clearly set forth in a constitutional or legislative text, specifying its composition
and its sphere of competence.
3. A national institution shall, inter alia, have the following responsibilities:
(a) To submit to the Government, Parliament and any other competent body, on
an advisory basis either at the request of the authorities concerned or through the
exercise of its power to hear a matter without higher referral, opinions, recommendations, proposals and reports on any matters concerning the promotion and
protection of human rights; the national institution may decide to publicize them;
these opinions, recommendations, proposals and reports, as well as any prerogative of the national institution, shall relate to the following areas:
(i) Any legislative or administrative provisions, as well as provisions relating to
judicial organizations, intended to preserve and extend the protection of human
rights; in that connection, the national institution shall examine the legislation
and administrative provisions in force, as well as bills and proposals, and shall
make such recommendations as it deems appropriate in order to ensure that
these provisions conform to the fundamental principles of human rights; it shall,
if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures;
(ii) Any situation of violation of human rights which it decides to take up;
(iii) The preparation of reports on the national situation with regard to human
rights in general, and on more specific matters;
(iv) Drawing the attention of the Government to situations in any part of the
country where human rights are violated and making proposals to it for initiatives to put an end to such situations and, where necessary, expressing an
opinion on the positions and reactions of the Government;
(b) To promote and ensure the harmonization of national legislation regulations
and practices with the international human rights instruments to which the State is
a party, and their effective implementation;
86