Target 16.a: Strengthen relevant national institutions, including through international cooperation, for building capacity at all levels, in particular in developing countries, to prevent violence and combat terrorism and crime
There has been some growth in the creation of fully independent NHRIs since 2015, now existing in nearly half of the countries in the world. However, many countries do not recognise them in their VNRs. Other important institutions, such as supreme audit agencies and ombudsmen, are also playing a key role.
Authors of chapter
Overview and Interlinkages
National Human Rights Institutions (NHRIs) are independent state institutions, with a constitutional and/or legislative mandate to protect and promote human rights. NHRIs address discrimination in all its forms, and promote and protect civil, political, economic, social, and cultural rights and thus are linked with nearly all of the SDGs as a key means of monitoring their progress. They have key connections with Target 4.7 on human rights education, Targets 5.c on gender equality and 10.3 on discrimination.
Within SDG16, NHRIs are particularly linked with accountable and transparent institutions (16.6), equal access to justice (16.3) and access to information and fundamental rights (16.10) â where they have a key role in monitoring and promoting human rights â and on the elimination of discriminatory legislation (16.b). In a few countries such as Malawi, the national human rights institution also serves as the oversight and appeals body for the national access to information legislation (16.10.2).
The mere existence of NHRIs will not contribute to the achievement of SDG16 or the 2030 Agenda as a whole. They must be able to operate and have access to processes, both on national and global levels. Resolutions 5/1, 5/2 and 16/21 of the Human Rights Council, as well as the United Nations General Assembly Resolution (UNGA) A/70/163, encourage all relevant UN mechanisms and processes to further enhance the participation of NHRIs compliant with the Paris Principles, and to allow for their contribution, including those related to the 2030 Agenda, such as the High-Level Political Forum (HLPF).1 Under the MĂŠrida Declaration â which focuses on the role of NHRIs in implementing the 2030 Agenda for Sustainable Development â NHRIs have agreed to fully engage with governments, civil society, and other stakeholders in order to promote the Agenda
In addition to NHRIs, other institutions which also play important roles in the achievement of the SDGs, including ombudsmen and supreme audit agencies, should be reviewed as well.
Progress on indicators
Official Indicators:
- 16.a.1: Existence of independent national human rights institutions in compliance with the Paris Principles (Tier I)
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Additional Indicators:
- Roles of Ombudsman and Supreme Audit Agencies in SDG processes and oversight
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Global Indicator 16.a.1 reaffirms that sustainable development cannot be achieved without strong and independent NHRIs. Indeed, to comply with the Paris Principles,2 they must operate and function independently from government. The Paris Principles constitute authoritative and reliable metrics, adopted by the UN General Assembly, to measure the independence, investigatory powers, mandate, and capacity of NHRIs. All NHRIs are regularly assessed and awarded with either A, B or no status, depending on their compliance with the Paris Principles by a Sub-Committee of Global Alliance of NHRIs (GANHRI), under the auspices of the Office of the High Commissioner for Human Rights (OHCHR).3
Source: Countries with NHRIs. Source: Danish Institute for Human Rights
There has been modest growth in fully independent institutions since 2015. According to GANHRIâs most recent review of 130 institutions, as of November 2022, there are 89 âAâ status accredited NHRIs (fully compliant with the Paris Principles) and 31 âBâ status accredited NHRIs (partially compliant with the Paris Principles), and 10 with âCâ or no status (not compliant with the Paris Principles).4Â In 2015, there were only 73 âAâ status NHRIs and 28 with âBâ status.
Even the official data in this indicator is inadequate. In the SDG Indicators Database, SDG Indicator 16.a.1 is significantly underreported as only 29 per cent5 of countries have included data on it in their VNRs.6 Moreover, the UN Statistics metadata repository on Indicator 16.a.1. clearly states that the main sources of the data come from GANHRI.7
Consequently, there is a point to be made about the lack of awareness of, not only the roles, but even the existence of NHRIs by decision makers domestically, which can also contribute to their underutilisation in the implementation of the 2030 Agenda and general underrepresentation in other SDG processes.
Alternative Indicators
Besides NHRIs, there is a cluster of other oversight bodies found in most countriesâ legal systems, including ombudsmen, supreme audit agencies, anti-corruption commissions, and information commissions. Some of these other institutions are playing an increasingly important role across many countries in promoting sustainable development.
Ombudsmen, which are typically independent officials appointed by parliaments, often have a similar role to NHRIs, with some having overlapping duties.8 A major part of their role is to promote human rights, the rule of law and good governance. Many have a specific focus relating to promoting health and gender equality, and protecting future generations and people with disabilities. The UNGA in 2021 noted their importance in âaddressing the imbalance of power between the individual and the providers of public servicesâ, key to many of the SDGs, and endorsed their role as independent mediators and overseers to promote the rule of law and good governance.9
Ombudsmen can investigate instances of mis- and mal-administration and are therefore important for the progress of many SDGs including 16.3 on access to justice and 16.6 on transparent and accountable institutions. Some, as in Sweden and Kenya, act as the oversight bodies for access to information under 16.10. At their annual meeting in Dublin in 2021, the International Ombudsmen Institute adopted the Dublin Declaration âGiving Voice to the Voicelessâ, which highlighted the contribution Ombudsmen make to the United Nations Agenda 2030, especially relating to SDG16.10 The Institute has a membership of 200 Ombudsman institutions from more than 100 countries worldwide.Â
Supreme Audit Institutions (SAIs) can also play a key role in monitoring SDG implementation. They are increasingly appearing in VNRs. According to the International Organisation of Supreme Audit Institutions (INTOSAI), over 100 SAIs have conducted performance audits assessing preparedness for the implementation of the SDGs.11 The INTOSAI maintains a Working Group on SDGs and Key Sustainable Development Indicators. INTOSAI reports members in nearly all UN Member States.12
Case study
To strengthen monitoring of Indicator 16.10.1 and to provide more nuanced data, the Danish Institute for Human Rights, in cooperation with UNOHCHR and an expert reference group of 20Â organisations and institutions, has developed an online assessment tool, the Right to Defend Rights. In addition to curating data relating to Indicator 16.10.1, it helps identify structural barriers and related human rights gaps to create a safe and enabling environment for human rights defenders.
National Human Rights Institutions (NHRIs) play an important role in promoting and monitoring an enabling environment for HRDs. NHRIs formalised their goals of improving the collection of data on violations against human rights defenders in 2018 when the Global Alliance of National Human Rights Institutions (GANHRI) adopted the Marrakesh Declaration. Through the Declaration, GANHRI members committed to: âMonitor and report on civic space â online and offline â though the collection and analysis of disaggregated data, including gender-based disaggregation and statistics related to killings, fabricated legal charges, misuse of specific laws and other attacks against human rights defenders, journalists and trade unionists, lawyers, students, academics, in line with SDG indicator 16.10.1â.13
Recommendations
- States should create independent national human rights institutions, fully compliant with the Paris Principles.
- States should formally include NHRIs, Ombudsmen, and Supreme Audit Agencies in SDG implementation processes including VNRs and official delegations.
- States should use data collected by NHRIs and Ombudsmen to introduce new or improve already existing laws, their implementation and monitoring.