Monitoring is not an obligation of NHRIs according to the Paris Principles; however, “monitoring is an important means of ensuring that legislative and policy initiatives are being successfully implemented. NHRIs can use the results of monitoring activities to promote more effective implementation measures”238. “Monitoring is important because it provides concrete evidence of what is occurring. [It] also provides periodic and regularly collected data, sheds light on trends, signals progress or deterioration, and suggests areas for priority action.”239 In order to effectively monitor how peacebuilding and conflict transformation initiatives are being implemented nationally, an NHRI could consider the following steps:
1. “When receiving individual complaints the NHRI should not simply treat these on an individual basis but also consider them as a means of getting information on what goes on in the country. Information from individual complaints, respecting the tenets of confidentiality, should be systematised and taken into account as part of monitoring.”240
2. The Paris Principles require that NHRIs develop ties with civil
society. Civil society is a primary source of information and human
rights NGOs are knowledgeable about the human rights situation in the area where they operate. If an NHRI has close ties and regular interaction with civil society, it can obtain a lot of information about the general situation in the country. This relationship has to go beyond the mere contact with human rights NGO’s and also include other representatives of the society, such as women’s organisations, children’s organisations, community based organisations, rural organisation, trade unions, professional bodies (including law and medical societies), churches etc. “In addition to making sure that all kinds of reports from said groups are conveyed to the NHRI, the NHRI should also meet up with these groups to share information.”241
3. Another way of obtaining information on the human rights situation of the country is using the press. Not all the information used by NHRIs should come from the press, nevertheless, press releases, be they through the radio, TV or newspapers might given useful information on the general situation in the country, especially if done in a systematic way.
4. Another important part of the monitoring process is going on visits around the country “Based on information from civil society and the
238
Supra note 223, p. xiv.
239 Ibid, p. 37 240 Supra note 230, p. 16-17 241 Ibid, p. 17
press an NHRI should be able to decide where to go and whom to visit.”242 NHRIs should visit schools and other places where youth gather, as they should be involved in peacebuilding initiatives. According to a UNICEF report “whether the community is a war- torn village or a refugee camp, young people will need encouragement and guidance to develop their potential and contribute to their communities. With adequate support and access to necessary resources, they can become agents for change and provide a foundation for rebuilding lives and communities, contributing to a more just and peaceful society”243. Therefore it is crucial for NHRIs to visit the places where young people are, not only to certify if their human rights are being respected, but also to ensure that they are involved in peacebuilding initiatives. NHRIs’ representatives should also visit prisons and detention facilities and any other places where gross human rights violations are reported to be occurring.
5. NHRIs should also monitor state policy connected to development and poverty reduction. Peacebuilding should not only focus on redress and punishment for violation of civic and political rights. After all, “if economic and social inequalities go unaddressed and the grievances of the poor and marginalized go unheard, we are left with only uncertain guarantees of nonrepetition. It is like treating the symptoms while leaving the underlying illness to fester”244. Sustainable peace is closely connected to respect for human rights, including economic and social rights. Therefore NHRIs should monitor Poverty Reduction Strategies in order to ensure that excluded and marginalized groups are included and that their voices and claims are being heard. As Kofi Annan said “[i]n an increasingly interconnected world, progress in the areas of development, security and human rights must go hand in hand. There will be no development without security and no security without development. And both development and security also depend on respect for human rights and the rule of law”245. Strategies to development and development policies should also be addressed by NHRIs in order to make an “equality check”. Development has to include all the population without any form of discrimination following a human rights-based approach.
NHRIs shall make reports and advise the government, parliament and any other competent body on the national situation for human rights in general
242
Ibid.
243
UNICEF, Map of Programmes for Adolescent Participation During Conflict and Post-
Conflict Situations (UNICEF, 2003), p. 3
244
Laplante, Lisa J., “Transitional Injustice and Peacebuilding: Diagnosing and Addressing the Socioeconomic Roots of Violence through a Human Rights Framework” (The
International Journal of Transitional Justice, Vol. 2, Issue 3, 2008), p. 333.
245
and with respect to specific matters; on situations of human rights violations in any part of the country with proposals for mitigating actions; and on any human rights violation, in accordance with the Paris Principles. On the basis of monitoring as just set out, an NHRI should include matters with respect to peacebuilding in general reports on human rights to the relevant competent bodies. All such reports should in ordinary cases be shared with civil society and be disseminated via the press.246