NATIONAL HUMAN RIGHTS

INSTITUTIONS ON BUSINESS
AND HUMAN RIGHTS
National Human Rights Institutions [NHRIs]
A NHRI is a ‘body which is established by a Government under the Constitution, or
by law, the functions of which are specifically defined in terms of the promotion
and protection of human rights’.
The idea of establishing national human rights institutions was first conceived in
the aftermath of World War II. In 1946, the UN Economic and Social Council
invited Member States to consider establishing information groups or local
human rights committees. Subsequently, the UN General Assembly requested the
Secretary-General to submit a detailed report on NHRIs.
In 1991, the first international workshop on National Institutions for the
Promotion and Protection of Human Rights took place in Paris. A key outcome was
the Paris Principles relating to the status of national institutions.
A key outcome of this conference was the adoption by the UN General Assembly
in 1993 of the Paris Principles relating to the status of national institutions, which
is now broadly accepted as the international standard for NHRIs testing an
institution’s legitimacy and credibility.
The Paris Principles lay down the requirements an entity must meet to show it has the
capacity to be a NHRI.
These requirements are quite general and focus on such things as the necessity of a broad
mandate and independence. But there is no prescribed model for an NHRI and thus the
diversity among NHRIs is great.
Around the world, six models can be discerned:
 human rights commissions;
 human rights ombudsman institutions;
 hybrid institutions;
 consultative and advisory bodies;
 institutes and centres and
 multiple institutions.

The main types of NHRIs are national human rights commissions or institutes and
national human rights Ombudsperson institutions.
The Paris Principles set out six main criteria that NHRIs require to meet. These are: Mandate
and competence, Autonomy from Government, Independence guaranteed by a Statute or
Constitution, Pluralism, Adequate resources; and adequate powers of investigation.
Paris Principles:
Principles relating to the Status of National Institutions (The Paris Principles),
adopted by General Assembly resolution 48/134 of 20 December 1993
Competence and responsibilities
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;
(c) To encourage ratification of the above-mentioned instruments or accession to those
instruments, and to ensure their implementation;
(d) To contribute to the reports which States are required to submit to United Nations
bodies and committees, and to regional institutions, pursuant to their treaty obligations and,
where necessary, to express an opinion on the subject, with due respect for their independence;
(e) To cooperate with the United Nations and any other orgnization in the United Nations
system, the regional institutions and the national institutions of other countries that are competent
in the areas of the protection and promotion of human rights;
(f) To assist in the formulation of programmes for the teaching of, and research into, human
rights and to take part in their execution in schools, universities and professional circles;
(g) To publicize human rights and efforts to combat all forms of discrimination, in
particular racial discrimination, by increasing public awareness, especially through
information and education and by making use of all press organs.
Composition and guarantees of independence and pluralism
1. The composition of the national institution and the appointment of its
members, whether by means of an election or otherwise, shall be established
in accordance with a procedure which affords all necessary guarantees to
ensure the pluralist representation of the social forces (of civilian society)
involved in the protection and promotion of human rights, particularly by
powers which will enable effective cooperation to be established with, or
through the presence of, representatives of:
 (a) Non-governmental organizations responsible for human rights and efforts to combat
racial discrimination, trade unions, concerned social and professional organizations, for
example, associations of lawyers, doctors, journalists and eminent scientists;
 (b) Trends in philosophical or religious thought;
 (c) Universities and qualified experts;
 (d) Parliament;
 (e) Government departments (if these are included, their representatives should
participate in the deliberations only in an advisory capacity).
2. The national institution shall have an infrastructure which is suited to the
smooth conduct of its activities, in particular adequate funding. The purpose
of this funding should be to enable it to have its own staff and premises, in
order to be independent of the Government and not be subject to financial
control which might affect its independence.
3. In order to ensure a stable mandate for the members of the national
institution, without which there can be no real independence, their
appointment shall be effected by an official act which shall establish the
specific duration of the mandate. This mandate may be renewable,
provided that the pluralism of the institution's membership is ensured.
Methods of operation
Within the framework of its operation, the national institution shall:
(a) Freely consider any questions falling within its competence,
whether they are submitted by the Government or taken up by it
without referral to a higher authority, on the proposal of its members
or of any petitioner,
(b) Hear any person and obtain any information and any documents
necessary for assessing situations falling within its competence;
(c) Address public opinion directly or through any press organ,
particularly in order to publicize its opinions and recommendations;
(d) Meet on a regular basis and whenever necessary in the presence of
all its members after they have been duly concerned;
(e) Establish working groups from among its members as necessary,
and set up local or regional sections to assist it in discharging its
functions;
(f) Maintain consultation with the other bodies, whether jurisdictional
or otherwise, responsible for the promotion and protection of human
rights (in particular, ombudsmen, mediators and similar institutions);
(g) In view of the fundamental role played by the non-governmental
organizations in expanding the work of the national institutions,
develop relations with the non-governmental organizations devoted to
promoting and protecting human rights, to economic and social
development, to combating racism, to protecting particularly vulnerable
groups (especially children, migrant workers, refugees, physically and
mentally disabled persons) or to specialized areas.
Additional principles concerning the status of commissions with quasi-jurisdictional
competence
A national institution may be authorized to hear and consider complaints and petitions
concerning individual situations. Cases may be brought before it by individuals, their
representatives, third parties, non-governmental organizations, associations of trade
unions or any other representative organizations. In such circumstances, and without
prejudice to the principles stated above concerning the other powers of the
commissions, the functions entrusted to them may be based on the following principles:
 (a) Seeking an amicable settlement through conciliation or, within the limits prescribed by the
law, through binding decisions or, where necessary, on the basis of confidentiality;
 (b) Informing the party who filed the petition of his rights, in particular the remedies
available to him, and promoting his access to them;
 (c) Hearing any complaints or petitions or transmitting them to any other competent
authority within the limits prescribed by the law;
 (d) Making recommendations to the competent authorities, especially by proposing
amendments or reforms of the laws, regulations and administrative practices, especially if
they have created the difficulties encountered by the persons filing the petitions in order to
assert their rights.
The United Nations Global Alliance of National Human Rights Institutions
(GANHRI):
HRIs met in Tunis for the second international workshop, they decided to establish the
Global Alliance of National Human Rights Institutions (GANHRI), previously known as
the International Coordinating Committee of institutions for the promotion and
protection of human rights (ICC). Since then, the UN General Assembly has adopted
numerous resolutions calling for the strengthening of NHRIs. 
Representing more than 110 NHRIs, their members and staff across all regions, GANHRI is
one of the largest human rights networks worldwide, with a Head Office in Geneva.
GANHRI is recognised, and is a trusted partner, of the United Nations. It has established
strong relationships with the UN Human Rights Office, UNDP and other UN agencies, as
well as with other international and regional organisations, NGOs, civil society and
academia.  
In March 2016, the ICC General Meeting endorsed the change of the organisation’s name
from the International Coordinating Committee of National Institutions for the Promotion and
Protection of Human Rights to the Global Alliance of National Human Rights Institutions
(GANHRI).
The United Nations Global Alliance of National Human Rights Institutions (GANHRI) is
mandated to review and accredit NHRIs that are in compliance with the Paris
Principles. This is done through a peer-review process undertaken by GANHRI’s Sub-
Committee on Accreditation (SCA). When compliant with the Paris Principles, the
GANHRI can grant the institution A or B status. In general, GANHRI only accredits
one institution per jurisdiction.
Fully compliant NHRIs are granted the A-status which provides them with certain
prerogatives. A-status NHRIs may make an oral statement under all substantive
agenda items of the Human Rights Council; participate through video messages in the
HRC plenary debates, including during the adoption of the outcome of the Universal
Periodic Review of the country by the Council, the interactive dialogue following the
presentation of a country mission report by a special procedures mandate holder and
panels or annual discussions; submit documents, which will be issued with UN
Document symbol; and take separate seating in all sessions.
According to Linda C Reif, this accreditation-process of GANHRI that puts certain pressure
on NHRIs and States to comply with the Paris Principles in order to be bestowed with
certain (reputational) prerogatives, thus functions as a gatekeeper mechanism.
National Human Rights Institutions and Business and Human Rights:
At the time when the Paris Principles were adopted, there was less attention for the impact
of business on human rights than is the case nowadays. The traditional State-centric focus
of international human rights law may provide an explanation for the fact that the Paris
Principles do not explicitly mention the need for NHRIs to engage with non-State actors.
However, the Special Representative to the Secretary-General on Business and Human
Rights (SRSG) John Ruggie  stressed the role of National Human Rights Institutions
(NHRIs), noting that:
The actual and potential importance of these institutions cannot be overstated. Where
NHRIs are able to address grievances involving companies, they can provide a means
to hold business accountable. NHRIs are particularly well-positioned to provide
processes – whether adjudicative or mediation-based – that are culturally appropriate,
accessible, and expeditious. Even where they cannot themselves handle grievances, they
can provide information and advice on other avenues of recourse to those seeking
remedy. Through increased interchange of information, they could act as lynchpins within
the wider system of grievance mechanisms, linking local, national and international levels
across countries and regions. [UN Doc A/HRC/8/5 [2008] para 97]
The idea that NHRIs have an important role to play in the quest to hold
business accountable for human rights abuse, be it as advisors, mediators
or adjudicators is increasingly being recognized.
The 2011 UN Guiding Principles on Business and Human Rights
(UNGPs) point out several roles that NHRIs can take on in the business
and human rights domain such as ‘helping States identify whether
relevant laws are aligned with their human rights obligations and are
being effectively enforced, and in providing guidance on human rights
also to business enterprises and other non-State actors’ and as an
example of State-based grievance mechanisms. 
NHRIs themselves are increasingly claiming a role in this field and various
international organizations have pointed out that NHRIs have a role to play.
Collaborative networks of NHRIs have confirmed that NHRIs have a
role to play in addressing business and human rights issues.
 For example, in 2009, The United Nations Global Alliance of National
Human Rights Institutions [GANHRI] (then called the International
Coordinating Committee, ICC), established a Working Group on
Business and Human Rights, the first ICC’s thematic Working Group.
In 2010, the ICC’s 10th Biennial Conference held in Scotland was
dedicated to the topic of business and human rights. Over 80 NHRIs
adopted the Edinburgh Declaration.
The Edinburgh Declaration 2010 by International Co-ordinating
Committee [ICC] of National Institutions for the Promotion and
Protection of Human Rights.
Tenth International Conference of the International Coordinating
Committee of National Institutions for the Promotion and Protection of
Human Rights was devoted to the role of national human rights
institutions (NHRIs) in addressing Business and Human Rights.
The Conference took place in Edinburgh, Scotland between October 8 –10,
2010 and was hosted by the Scottish Human Rights Commission
(SHRC), in cooperation with the Office of the High Commissioner for
Human Rights (OHCHR) and the International Coordinating
Committee (ICC) of NHRIs.
The Tenth International Conference adopted the Declaration. The relevant
provisions are:
8. Acknowledging that the responsible operation of business and effective
regulation can contribute to promoting respect, protection and fulfilment of
human rights and assist in channelling the benefits of business toward this
goal and that it is crucial that States create a legal framework to
appropriately and effectively regulate the activities of business
corporations;
9. Acknowledging the need for NHRIs to work collaboratively with NGOs in
implementing their mandate sharing knowledge and expertise and
welcoming the NGOs Plan of Action presented at the NGO Forum of the 10th
International Conference.
10. Reaffirming the importance of effective national institutions for the
promotion and protection of human rights, vested with competence to
promote and protect human rights and enjoying as broad a mandate as possible,
in line with the Principles relating to the status of national institutions under UN
General Assembly Resolution 48/134 20 December 1993 (Paris Principles);
11.Emphasising the important role national human rights institutions can play
in addressing corporate-related human rights challenges, both as a body at the
international level , at the regional level and individually at the national level;
12. Welcoming the thematic areas discussed in the Regional Working groups of
the conference: Child labour, human trafficking, privatisation, public
procurement, safe and healthy environment, and endorsing the
recommendations made in the specific working groups
Hereby agree:
13.To follow up this Biennial Conference by,
Encouraging ICC Regional Networks and individual NHRIs to consider the
practical functions they can fulfil in promoting enhanced protection against
corporate-related human rights abuse, greater accountability and respect for
human rights by business actors, access to justice for victims and establishing
multi-stakeholder approaches including but not limited to the following
initiatives:
A . Promotion/Education/Research
I. Undertaking workshops on business and human rights in each ICC Region,
in coordination with the ICC Working Group on Business and Human Rights
and OHCHR inviting participation from relevant stakeholders, including
regional stakeholders from government, labour, business and NGOs;
II. Engaging with their respective governments to promote a greater
awareness of the impact of business enterprises on the realisation of
human rights, and the relevant State obligations with regard to the
promotion and protection of human rights in their own jurisdiction and
extra-territorially;
III. Advocating and advising governments to introduce or strengthen and
implement national legislation and regulations that meet international best
practice in the prevention of human rights violations by business
corporations including labour rights;
IV. Providing guidance to business on how to integrate human rights
into their every day business to translate human rights principles and
into a language that business can relate to, fostering corporate cultures
respectful of human rights;
V. Conducting research to assess the impacts of business operations on
the realization human rights of communities;
VI. Creating a database, newsletter, web page to share best practices
between all NHRIs on promotion, monitoring cases and other areas;
VII. Enhancing the capacity of NHRIs in dealing with business and
human rights issues, through training and exchange visits;
VIII. Facilitating dialogue between government, corporations and other
business enterprises and civil society, including human rights defenders
and trade unions on the above issues;
B. Monitoring
I. Monitoring and documenting violations of human rights by corporations
operating or registered under the domestic jurisdiction;
II. Examining the conditions of access to justice for all, including through
conducting public enquiries, with particular reference to indigent,
vulnerable and marginalised groups, affected by the business corporations
and the private sector,
III. Reviewing national human rights actions plans and relevant programmes
to ensure human rights based approach to business is included;
IV. Interacting with international and regional human rights mechanisms to
report and monitor the implementation of relevant human rights
instruments and standards; Noting that monitoring may involve a wide range
of activities and NHRIs may wish to consider and discuss them within
various regional and international meetings.
C. Complaints Handling
NHRIs with complaint handling functions could consider:
I. Promoting within the community and the business sector an awareness of
their respective roles in monitoring and receiving complaints of human rights
violations by business entities, as well as other remedies;
II. Handling complaints related to corporate human right abuse using their
quasi-judicial powers, including through conciliation, mediation, and making
recommendations or orders to improve the situation;
III. Co-operating in the development of a database on the regulatory
framework and remedies available in their respective jurisdictions;
IV. Utilising their complaints mechanisms, and the outcomes of complaints
and inquiries, to monitor on-going practices of business entities;
V. Working closely with the judiciary to promote access to justice, and handling
cases related to public interest litigation.
D. Mediation and Conciliation
•Mediate between enterprises, trade unions, governments and victims of business-
related abuse;
•Assist the victims of business-related abuse to seek redress and compensation;
•Refer cases to the domestic jurisdiction for follow-up
14.NHRIs may further consider:
•Establishing partnerships with organisations in the area of corporate social
responsibility including the including the UN Global compact, the media, academia,
business organisations, trade unions and national, regional and international organisations.
•Reviewing in each ICC Regional Network national Action Plans on Business and Human
Rights prepared by each NHR
•Creating focal points within their respective organisations on business and human rights;
•Reporting, via Regional Chairs, to the ICC Annual Meeting starting from May 2011 in
Geneva on progress towards the development of national action plans.
Regional collaborative networks have also recognized the role NHRIs
can play in the field of human rights and business. On the African
continent, NHRIs cooperating in NANHRI adopted the 2011 Yaoundé Plan
of Action affirming their collective commitment to strengthen their
capacity on business and human rights, address business-related
human rights abuses, highlighting three specific areas: labour,
environment and land related human rights abuses.
In Europe, the NHRIs collaborate in ENNHRI, the European Network
of National Human Rights Institutions. One of its four working groups
engages with business and human rights.
 In the Americas, in 2011, the NHRI-Network organized a regional
seminar on business and human rights, resulting in a declaration and
action plan.
OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP’S
DRAFT OPTIONAL PROTOCOL TO THE LEGALLY BINDING
INSTRUMENT TO REGULATE, IN INTERNATIONAL HUMAN
RIGHTS LAW, THE ACTIVITIES OF TRANSNATIONAL
CORPORATIONS AND OTHER BUSINESS ENTERPRISES
The States Parties to the Present Protocol have agreed as follows:
Article 1
Each State Party shall, in accordance with their legal and
administrative systems, designate or establish, no later than two years
after the entry into force of the present Protocol in the Party, a National
Implementation Mechanism to promote compliance with, monitor and
implement the [LEGALLY BINDING INSTRUMENT].
Article 2
States Parties shall consider the Principles Relating to the Status of
National Institutions for the Protection and Promotion of Human Rights
(Paris Principles) when designating or establishing the National
Implementation Mechanism and, in particular, they shall:
 1. Guarantee the functional independence of the National Implementation
Mechanism as well as the independence of its officials and personnel;
 2. Ensure gender balance and the adequate legal representation for the
protection of the human rights of those persons facing risks of violations of
their human rights as a result of the acts or omissions of those persons
conducting business activities of a transnational character;
 3. Provide necessary resources for the functioning of the National
Implementation Mechanism, and;
 4. Ensure that the officials and personnel of the National Implementation
Mechanism have the required expertise and knowledge for the fulfilment of
their mandate.
Article 3
In order to promote the implementation of the [LEGALLY BINDING
INSTRUMENT], National Implementation Mechanisms shall have the following
functions:
1. Make the content of the [LEGALLY BINDING INSTRUMENT] known to the
general public, business [enterprises] and victims and guarantee in all appropriate
means and languages.
2. Cooperate with other national institutions, foreign National Implementation
Mechanisms and civil society organizations, as appropriate, to raise awareness on
the implementation of the [LEGALLY BINDING INSTRUMENT], including by:
 a. Responding to enquiries by victims, business [enterprises] and the general public, as
appropriate;
 b. Submitting recommendations to relevant national authorities for improving the
implementation of the [LEGALLY BINDING INSTRUMENT] and the prevention of human
rights [violations] in the context of any business activities of a transnational character;
 c. Submit proposals and observations on existing or draft legislation [on matters relating
to the implementation of the (LEGALLY BINDING INSTRUMENT)]
3. Make recommendations to the competent authorities of the [State Party concerned]. These
authoritites shall be required to examine such recommendations and enter into dialogue on
possible implementing measures, as appropriate according to their legal and
administrative systems.
Article 4
1. In order to prevent human rights violations in the context of business activities of a
transnational character under Article 9 of the [LEGALLY BINDING INSTRUMENT], a
National Implementation Mechanism, shall, as a minimum, have competence to request all
necessary information from the State Party in whose territory the National Implementation
Mechanism operates concerning the implementation of the [LEGALLY BINDING
INSTRUMENT] within the territory or jurisdiction of such State Party. Such request of
information may include:
 a. All reports on non-financial matters, including at a minimum environmental and human
rights matters submitted by and [natural or legal persons conducting business activities of a
transnational character] under their jurisdiction,
 b. Internal policies, outcomes and indicators of environmental and human rights impact
assessments provided by [natural or legal persons conducting business activities of a transnational
character] under their jurisdiction in accordance with article 9 of the [LEGALLY BINDING
INSTRUMENT];
2. A National Implementation Mechanism may request the National
Implementation Mechanism of another State Party for the information
referred to above with respect to persons conducting business activities of a
transnational character in cases where such persons conduct such activities
in other State Parties and are the subject of an due diligence
implementation review under Article 5 or an investigation under Article 6 of
this Protocol by the National Implementation Mechanism making such
request for information.
3. The National Implementation Mechanism addressed shall accord full and
sympathetic consideration to, and shall afford adequate opportunity for,
consultations with the requesting National Implementation Mechanism,
and shall cooperate through supply of publicly available non-confidential
information of relevance to the matter in question and of other information
available to the Member, subject to domestic law and to the conclusion of
mutually satisfactory agreements concerning the safeguarding of its
confidentiality by the requesting National Implementation Mechanism.
Article 5
States Parties to the present Protocol shall grant to the National Implementation
Mechanism competence to conduct reviews on the implementation of due diligence
obligations in accordance with Article 9 of the [LEGALLY BINDING INSTRUMENT],
upon request by victims, natural or legal persons conducting business activities of a
transnational character or all other persons with a legitimate interest, or in cases in
which the National Implementation Mechanism deems it necessary to act ex-officio
on the basis of information available to it about acts or omissions affecting the
implementation of or compliance with such due diligence obligations.
1. In conducting such reviews, the National Implementation Mechanism shall
comply with the minimum requirements of due process of law under the legal and
administrative system of the State party concerned.
2. The National Implementation Mechanism shall have the competence to conduct
visits and inspections to the business enterprise’s facilities, and conduct joint visits
and inspections with other National Implementation Mechanisms and relevant
authorities of the concerned State Party to monitor the implementation and follow
up of due diligence plans or policies.
3. In cases where the National Implementation Mechanism identifies
non-compliance by a natural or legal persons conducting business
activities of a transnational character] of its due diligence obligations,
National Implementation Mechanisms shall provide recommendations to
such natural or legal persons conducting business activities of a
transnational character to bring its operation into compliance, [or]
inform the competent authorities about such conduct or omission if
those recommendations where not considered in order to ensure their
effective implementation.
4. When conducting such reviews, the National Implementation
Mechanisms shall cooperate among each other in order to comply with
the present provision, particularly by making available all necessary
information to conduct such reviews.
Article 6
1. States Parties may recognize the competence of National Implementation
Mechanisms to receive and consider complaints of human rights violations
alleged to have been committed by natural or legal persons conducting
business activities of a transnational character brought by victims or a group of
victims, their representatives or other interested parties.
2. The National Implementation Mechanism shall investigate the complaint
received under the requirements of due process of law recognized under the
legal and administrative system of the State Party concerned.
3. The National Implementation Mechanisms shall bring any complaint under
the present [Protocol] to the attention of the natural or legal persons
conducting business activities of a transnational character and the State party
concerned as soon as possible, and shall, among others, have the competence to:
 a. Request and receive all necessary information from States Party concerning the
grounds of the complaint;
 b. Request and receive additional information from States Parties,
intergovernmental or non-governmental organizations, or other reliable sources it
deems appropriate, and receive written or oral testimony from victims, the
concerned business [enterprise], experts, witnesses, victims associations and others;
 c. Conduct visits or inspections to the place where the violation occurred or it is
taking place and conduct joint inquiries with other National Implementation
Mechanisms and relevant authorities of the State Party concerned;
 d. Transmit to the State Party concerned, for its urgent consideration, a request to
relevant authorities to take interim measures as it might be necessary to avoid
possible irreparable damage to the victim or victims of the alleged violations.
4. After all documentation has been submitted, the National Implementation
Mechanism shall make available its good offices to the parties concerned with a
view to reaching an amicable settlement of the matter, consistent with the legal and
administrative system of the State party concerned. When an agreement on an
amicable settlement is reached under the auspices of the National Implementation
Mechanism, it shall discontinue the complaint proceedings at the National
Implementation Mechanism under the present Protocol
5. The National Implementation Mechanism will monitor ex-officio the
compliance by the parties of the agreement reached through an
amicable settlement under the preceding paragraph.
 6. In case of non-compliance with the agreement on an amicable
settlement, the National Implementation Mechanisms shall
communicate it to the Committee established in the present Protocol,
without prejudice to the right to institute appropriate judicial or
administrative procedures against the non-complying party.
Article 7
The competences granted to the National Implementation Mechanism
shall not exclude or, limit the right of victims of to seek any judicial or
non-judicial remedies under the legal system of a State Party before,
during or after an amicable settlement has been reached. Nonetheless,
the National Implementation Mechanism shall discontinue its good
offices in case judicial or nonjudicial remedies were sought.
Article 8 [Individual complaint mechanism]
1. A State party to the present [Protocol] recognizes the competence of
the Committee established under Article 9 of the LEGALLY BINDING
INSTRUMENT (hereafter referred to as the Committee) to receive and
consider communications from or on behalf of individuals or group of
individuals, and those under Article 6.5 of the present Protocol, with
regards to human rights violations in the context of business activities
of transnational character under the jurisdiction of a State Party to
the present Protocol.
2. Where a communication is submitted on behalf on an individual or
group of individuals this shall be with their consent unless the author
can justify acting on their behalf without such consent.
Article 9
The Committee shall consider a communication inadmissible when:
1. The communication is anonymous;
2. The communication is manifestly ill-founded or not sufficiently
substantiated;
3. The facts that are the subject of the communication ocurred prior to
the entry into force of the present Protocol for the State party
concerned, unless those facts continued after that date; and
4. All available domestic remedies have not been exhausted, unless the
application of the domestic remedies is unreasonably prolonged or
unable to bring effective relief.
Article 10
Subject to the provisions of Article 9 of the present Protocol, the
Committee shall bring any communications submitted to it
confidentially to the attention of the States Parties concerned and the
involved person conducting business activities of a transnational
character. The Committee shall invite the concerned States Parties and
the involved person conducting business activities of a transnational
character to co-operate in the examination of the communications
received and submit within six months after the communication was
received by the Committee, written explanations or statements
clarifying the matter and the remedy, if any, that may have been taken
in the matter.
 Article 11
 Taking into account any written statement or explanation which may have been
submitted by the concerned States Parties and the involved person conducting business
activities of a transnational character, as well as any other relevant information available to it,
the Committee may, designate one or more of its members to make a confidential inquiry
and to report to the Committee urgently.
 1. If an inquiry is made in accordance with Article 10 of this article, the Committee shall
seek the co-operation of the parties concerned and such inquiry may include a visit to the
territory where the harm was committed and/or where the involved person conducting
business activities of a transnational character is incorporated or has substantial
business interests, as the Committee deems appropriate.
 2. After examining the findings of an inquiry made in accordance with this article, the
Committee shall transmit these findings to the State party and the involved person
conducting business activities of a transnational character concerned, together with any
comments or suggestions which seem appropriate in view of the situation.
 3. After such proceedings have been completed, the Committee may decide to include a
summary of the inquiry in the annual report on its activities to the General Assembly of
the United Nations, according to Article [14.4 (d) of the [LEGALLY BINDING
INSTRUMENT]
 Article 12
 States parties shall take all appropriate steps to ensure that individuals or
group of individuals under its jurisdiction are not subjected to any human
rights violation, ill-treatment or intimidation as a consequence of
communications or cooperation with National Implementation Mechanisms
or the Committee pursuant to the present Protocol.
 Article 13
 The Secretary-General of the United Nations shall be the depositary of the
present Protocol.
 Article 14
 The present Protocol shall be open for signature by signatory States and regional
integration organizations of the [LEGALLY BINDING INSTRUMENT] at the
United Nations Headquarters in New York as of (…). It shall be open for
accession by any State or regional integration organization which has ratified,
formally confirmed or acceded to the [LEGALLY BINDING INSTRUMENT]
and which has not signed the present Protocol.
Article 15
“Regional integration organization” shall mean an organization constituted by
sovereign States of a given region, to which its member States have transferred
competence in respect of matters governed by [LEGALLY BINDING INSTRUMENT]
as referred to it in Article 15.10 of [LEGALLY BINDING INSTRUMENT] and the
present Protocol.
Article 16
1. Subject to the entry into force of the [LEGALLY BINDING INSTRUMENT], the
present Protocol shall entre into force on the thirtieth day after the deposit of the tenth
of ratification or accession.
2. For each State or regional integration organization ratifying, formally confirming or
acceding to the present Protocol after the deposit of the tenth such instrument, the
Protocol shall enter into force on the thirtieth after the deposit of its own such
instrument.
Article 17 – Amendment to the protocol; Article 18 – Denounciation; Article 19 – languages;
Article 20 – Authorized signatories
NHRC In India:
The National Human Rights Commission (NHRC) of India was established
on 12 October, 1993. The statute under which it is established is the
Protection of Human Rights Act (PHRA), 1993 and inconformity with
Paris Principles.
It is an Act to provide for the constitution of a National Human Rights
Commission, State Human Rights Commission in States and Human
Rights Courts for better protection of human rights and for matters
connected therewith or incidental thereto.
The NHRC is an embodiment of India’s concern for the promotion and
protection of human rights.
The National Human Rights Commission, India has retained its 'A' status
of accreditation with the Global Alliance of National Human Rights
Institutions, GANHRI for the fourth consecutive term of five years.
The Protection of Human Rights Act (PHRA), 1993
CHAPTER II - THE NATIONAL HUMAN RIGHTS COMMISSION [Ss.
3 to 11]
Section 3 - Constitution of a National Human Rights Commission
(1) The Central Government shall constitute a body to be known as the National
Human Rights Commission to exercise the powers conferred upon, and to perform
the functions assigned to it, under this Act.
(2) The Commission shall consist of:
 (a) a Chairperson who has been a Chief Justice of the Supreme Court;
 (b) one Member who is or has been, a Judge of the Supreme Court;
 (c) one Member who is, or has been, the Chief Justice of a High Court;
 (d) two Members to be appointed from amongst persons having knowledge of, or
practical experience in, matters relating to human rights.
Justice Arun Kumar Mishra is the current and eighth Chairperson of National
Human Rights Commission of India.
(3) The Chairperson of the National Commission for Minorities, the
National Commission for the Scheduled Castes, the National
Commission for the Scheduled Tribes and the National Commission for
Women shall be deemed to be Members of the Commission for the
discharge of functions specified in clauses (b) to (j) of section 12.
(4) There shall be a Secretary-General who shall be the Chief Executive
Officer of the Commission and shall exercise such powers and discharge
such functions of the Commission except judicial functions and the
power to make regulations under section 40 B, as may be delegated to
him by the Commission or the Chairperson as the case may be.
(5) The headquarters of the Commission shall be at Delhi and the
Commission may, with the previous approval of the Central Government,
establish offices at other places in India.
There are five Divisions in the Commission. These are,
Law Division: The Law Division of the Commission handles registration and disposal
of complaints.  The Division also receives intimations regarding deaths in
police/judicial custody, deaths in the custody of defence/para military forces and
custodial rapes. Suo motu cognizance of serious matters taken by the Commission is
also dealt with by the Division.
Investigation Division: The Investigation Division is headed by an officer of the rank
of Director General of Police, assisted by one DIG and three Senior Superintendents of
Police.
Policy Research, Projects and Programmes Division: This Division undertakes and
promotes research on human rights and organizes conferences, seminars and
workshops on important human rights issues.
Training Division:  This division is responsible for spreading human rights literacy
among various sections of the society. 
Administration Division: This division looks after the establishment, administrative
and related requirements of the Chairperson and Members of the NHRC
 Chapter – III [Sections 12-16] – Powers and Functions of NHRC
 Section 12. Functions of the Commission
 The Commission shall perform all or any of the following functions, namely:-
 (a) inquire, suo motu or on a petition presented to it by a victim or any
person on his behalf or on a direction or order of any court, into
complaint of,
 (i) violation of human rights or abetment thereof; or
 (ii) negligence in the prevention of such violation, by a public servant;
 (b) intervene in any proceeding involving any allegation of violation of
human rights pending before a court with the approval of such court;
 (c) visit, notwithstanding anything contained in any other law for the time
being in force, any jail or other institution under the control of the State
Government, where persons are detained or lodged for purposes of treatment,
reformation or protection, for the study of the living conditions of the
inmates thereof and make recommendations thereon to the Government;
(d) review the safeguards provided by or under the Constitution or any
law for the time being in force for the protection of human rights and
recommend measures for their effective implementation;
(e) review the factors, including acts of terrorism that inhibit the enjoyment
of human rights and recommend appropriate remedial measures;
(f) study treaties and other international instruments on human rights and
make recommendations for their effective implementation;
(g) undertake and promote research in the field of human rights;
(h) spread human rights literacy among various sections of society and
promote awareness of the safeguards available for the protection of these rights
through publications, the media, seminars and other available means;
(i) encourage the efforts of non-governmental organisations and institutions
working in the field of human rights;
(j) such other functions as it may consider necessary for the protection of
human rights.
Section 13. Powers relating to inquiries
(1) The Commission shall, while inquiring into complaints under this Act,
have all the powers of a civil court trying a suit under the Code of Civil
Procedure, 1908, and in particular in respect of the following matters, namely:
 (a) summoning and enforcing the attendance of witnesses and examining them on oath;
 (b) discovery and production of any document;
 (c) receiving evidence on affidavits;
 (d) requisitioning any public record or copy thereof from any court or office;
 (e) issuing commissions for the examination of witnesses or documents;
 (f) any other matter which may be prescribed.
(2) The Commission shall have power to require any person, subject to any privilege
which may be claimed by that person under any law for the time being in force, to
furnish information on such points or matters as, in the opinion of the Commission, may
be useful for, or relevant to, the subject matter of the inquiry and any person so
required shall be deemed to be legally bound to furnish such information within the
meaning of section 176 and section 177 of the Indian Penal Code
(3) The Commission or any other officer, not below the rank of a Gazetted Officer, specially
authorised in this behalf by the Commission may enter any building or place where the
Commission has reason to believe that any document relating to the subject matter of
the inquiry may be found, and may seize any such document or take extracts or copies
therefrom subject to the provisions of section 100 of the Code of Criminal Procedure, 1973,
in so far as it may be applicable.
Section 14. Investigation
(1) The Commission may, for the purpose of conducting any investigation pertaining to
the inquiry, utilise the services of any officer or investigation agency of the Central
Government or any State Government with the concurrence of the Central Government
or the State Government, as the case may be.
(2) For the purpose of investigating into any matter pertaining to the inquiry, any officer
or agency whose services are utilised under subsection (1) may, subject to the direction
and control of the Commission:-
 (a) summon and enforce the attendance of any person and examine him;
 (b) require the discovery and production of any document; and
 (c) requisition any public record or copy thereof from any office.
CHAPTER IV – PROCEDURE [Sections 17 to 20]
Section 17. Inquiry into complaints
The Commission while inquiring into the complaints of violations of human rights
may–
(i) call for information or report from the Central Government or any State
Government or any other authority or organisation subordinate thereto within such
time as may be specified by it:-
Provided that–
 (a) if the information or report is not received within the time stipulated by the
Commission, it may proceed to inquire into the complaint on its own;
 (b) if, on receipt of information or report, the Commission is satisfied either that
no further inquiry is required or that the required action has been initiated or
taken by the concerned Government or authority, it may not proceed with the
complaint and inform the complainant accordingly;
(ii) without prejudice to anything contained in clause (i), if it considers necessary,
having regard to the nature of the complaint, initiate an inquiry.
Section 18. Steps during and after inquiry
[The Commission may take any of the following steps during or upon the
completion of an inquiry held under this Act, namely:-
(a) where the inquiry discloses the commission of violation of human rights or
negligence in the prevention of violation of human rights or abetment thereof by a
public servant, it may recommend to the concerned Government or authority –
 (i) to make payment of compensation or damages to the complainant or to the victim or
the members of his family as the Commission may consider necessary;
 (ii) to initiate proceedings for prosecution or such other suitable action as the Commission
may deem fit against the concerned person or persons;
 (iii) to take such further action as it may think fit;

(b) approach the Supreme Court or the High Court concerned for such directions,
orders or writs as that Court may deem necessary;
c) recommend to the concerned Government or authority at any stage of the
inquiry for the grant of such immediate interim relief to the victim or the members
of his family as the Commission may consider necessary;
(d) subject to the provisions of clause (e), provide a copy of the inquiry
report to the petitioner or his representative;
(e) the Commission shall send a copy of its inquiry report together with
its recommendations to the concerned Government or authority and
the concerned Government or authority shall, within a period of one
month, or such further time as the Commission may allow, forward its
comments on the report, including the action taken or proposed to be
taken thereon, to the Commission;
(f) the Commission shall publish its inquiry report together with the
comments of the concerned Government or authority, if any, and the
action taken or proposed to be taken by the concerned Government or
authority on the recommendations of the Commission.
Section 20. Annual and special reports of the Commission
(1) The Commission shall submit an annual report to the Central
Government and to the State Government concerned and may at any
time submit special reports on any matter which, in its opinion, is of such
urgency or importance that it should not be deferred till submission of
the annual report.
(2) The Central Government and the State Government, as the case may be,
shall cause the annual and special reports of the Commission to be laid
before each House of Parliament or the State Legislature respectively, as
the case may be, along with a memorandum of action taken or proposed
to be taken on the recommendations of the Commission and the
reasons for non-acceptance of the recommendations, if any.
CHAPTER VI - HUMAN RIGHTS COURTS
Section 30. For the purpose of providing speedy trial of offences arising out
of violation of human rights, the State Government may, with the
concurrence of the Chief Justice of the High Court, by notification,
specify for each district a Court of Session to be a Human Rights Court to
try the said offences.
Provided that nothing in this section shall apply if
 (a) a Court of Session is already specified as a special court; or
 (b) a special court is already constituted, for such offences under any other law for
the time being in force.
Section 31. Special Public Prosecutor
For every Human Rights Court, the State Government shall, by notification,
specify a Public Prosecutor or appoint an advocate who has been in practice
as an advocate for not less than seven years, as a Special Public Prosecutor for
the purpose of conducting cases in that Court.
Limitations of NHRC
NHRC cannot take any action against violation of Human rights by
private parties.
The Recommendations made by the NHRC are not binding.
NHRC cannot penalize the authorities that don’t implement its
recommended orders.
The NHRC has limited jurisdiction over cases related to armed forces.
The NHRC cannot hold jurisdiction in the following cases:
- Cases older than one year. 
- Cases that are anonymous, pseudonymous, or vague.
- Frivolous cases.
- Cases pertaining to service matters.
Core Advisory Groups of NHRC:
NHRC Core group on Business, Environment and Human Rights –
Constituted on 29th June, 2018. [F.No 10/5/2018-PRP&P] and reconstituted on
16/02/2021 [File No. R-20/2/2020 – PRP&P (RU-3)]
The terms of reference of the Core Advisory Group on Business and Human
Rights are:
 To identify ways and means to promote dissemination and implementation of the
UNGP on Business &Human Rights, 2011
 To review the existing legislations and regulations relevant to business, environment
and human rights and to assist the Commission on recommending to the concerned
ministries on the effective implementation and/or need for revision of laws and
regulations relevant to the issue.
 To identify barriers in effective implementation of "access to remedy framework”
and advise the Commission on strengthening it with respect to human rights
violations across businesses in conformity with the latest national &international
developments in the domain of BHR.
To examine the best practices available in India and abroad dealing with
the business and human rights and to make suggestions thereon.
To undertake national mapping of business, environment and human rights
issues and to advice the commission on recommending to MCA to address
various identified risks in the National Action Plan on BHR (under
preparation by the MCA).
To provide its inputs/remarks on the research studies entrusted by the
commission or on any specific tasks related to subject of BHR
undertaken by the Commission.
NHRC organized a national conference on Business and Human Rights on 12
Jnuary 2018 in collaboration with Bharat Heavy Electricals [BHEL].
The Conference made following suggestions:
 Develop a national action plan on Business and Human Rights in conformity with
UNGP
Business to develop a self regulatory mechanism to ensure the human rights
protection of workers
NHRC may conduct short term collaborative research study/project on business and
human rights and to establish a chair/working group with IIM Bengaluru for taking this
subject on a sustainbale basis for long term.
Develop accreditation or rating mechanism for all the PSUs on protection and
promotion of Human Rights.
Remove the word volountary from the National Volountary Guidelines of the MCA,
Government of India.
Companies need to adapt/use a self assessment tool [developed by industry
federation/organization facilitated by NHRC] to self evaluate their commitment to
human rights and to identify the need gaps for further developments.
NHRC - STRATEGIC PLAN FOR THE PERIOD - 01 APRIL 2018 TO
31 MARCH, 2021
The strategic plan provide the focus area of NHRC to many areas including
the environment protection, bonded & child labour issues, NGO’s/civil
society and encourage research on issues related to human rights, etc.
It recommend various activities including:
National conference on Business & Human Rights
Encourage research projects on gender Issues and create a Data-base
online on the issues related to women, child, business and human rights
etc.
Advisory on Impact of COVID 19 Pandemic: Businesses & Human
Rights and Future Response
The NHRC constituted a committee of experts to assess the impact of
COVID-19 on business and human rights including the rights of the
employees, employers and other stakeholders, etc.
The Advisory has been framed in consultations with various stakeholders
including representatives from Ministry of Corporate Affairs& MSMEs,
International Labour Organisation (ILO), Quality Council of India (QCI),
Confederation of Indian Industries (CII), Private Sector Representatives,
NGOs, Civil Society & others.
The Advisory is aimed at serving as an orientation for business
heads/leaders/enterprises/MSMEs etc to help them integrate the human
rights & human rights approaches into their decision making process and
communications, in the backdrop of COVID-19 crisis management.
The major focus/suggestions of the advisory are:
The need for responsible business practices to protect informal workers
during COVID19 pandemic
Governments & Financiers can increasingly urge companies to use
(emergency) funds to support stakeholders not shareholders
Due Diligence Framework for Businesses to manage the COVID-19
shocks.
Prevention of Human Trafficking
Business Continuity and Risk Management
Advisory for business heads or employers, mitigating employee and
infrastructural risks and resolving workplace issues