The Paris Principles on Establishment of National Human Rights Institutions and Realization of Fundamental Rights and Freedoms - A Case Study of the Commission for Human Rights and Good Governance in Tanzania

Abstract

It is well understood that promotion and protection of human rights is primarily a State responsibility. State is reckoned with as the dispensable guarantor of human rights. Although this is the fact, it is imperative to note that there must be a national institution which may serve as implementation mechanism for the commitment and aspirations of the state in this regard. Usually, this institution is provided with the functions of monitoring State responsibility in promoting and protecting human rights at national level.

In order to be effective in undertaking the aforementioned duties, a national institution needs to have some key criteria. These criteria include but not limited to independence, membership, and investigation and inquiries. Meanwhile, in order the said criteria to be legally enforceable; they have to be embodied in the institution's establishing legislation which is its source of power.

The Commission for Human Rights and Good Governance in Tanzania is one of the national human rights institution established as a focal point with the purpose envisaged above. It was established under the Principles Relating to the Status of National Institutions - Paris Principles. Therefore, this study will dwell on examining the Commission's legislation which was established in line with the requirement of the Paris Principles. By so doing, the study will analyze it to see whether is compatible with the wording provided in these Principles for the Commission to fulfill its mandates.

This study is categorically divided in six chapters. Chapter one is basically a research proposal, containing components such as background to the problem, statement of the problem, aims and objectives of the study and contemplated methodology. Literature review and the need for additional study, and study significance are also other issues discussed in this part.

Chapter two seeks to unveil different initiatives taken within the United Nations Framework on the evolution and strengthening of national human rights institutions. It will try to highlight the 1993 World Conference on Human Rights and its outcomes in relation to the positive development of the work of NHRIs. Some of the key criteria in the process of establishing a national institution will also be elaborated.

Chapter three elaborates the definition of a national human rights institution. It will also analyze various types of NHRIs as portrayed by different scholars. Moreover, the chapter will discuss the definition of Paris Principles which will be followed by highlighting some elements that contribute to the effective functions of NHRIs.

Chapter four seeks to briefly explain the history to the establishment of the Commission. It will show what are powers, competence and institutional guiding factors. Not only that but also core values, vision and mission statements will be described. It will end up by pointing out what are the management principles and organization structure of the Commission.

As the main part of the study, chapter five makes an assessment of the Commission's works in the realization of fundamental rights and freedoms in relation to the Paris Principles. By so doing, the chapter will assess various provisions of the Commission's establishing legislation which are considered by this study as legal flaws. The aim will be to analyze whether they are compatible with Paris Principles in order to do not injure the envisaged purpose of promoting and protecting human rights in Tanzania.

Lastly, chapter six provides some concluding remarks and then wind up by proposing some recommendations from the research results. The recommendations will intend to provide some possible solutions that may be used by the Commission in having a strong legislation, which will assist in creating effectiveness of the Commission hence being compatible with the Paris Principles.