President His Highness Sheikh Khalifa bin Zayed Al Nahyan has proclaimed federal law No. 12 of 2021 initiating the National Human Rights Institution (NHRI).
According to article 2 of the law, an independent entity to be known as the National Human Rights Institution and located in Abu Dhabi will be established. The National Human Rights Institute may open other branches and offices in other emirates.
According to Article 3 of the law, the Institution must be a self-contained legal entity with financial and administrative autonomy in carrying out its powers, operations, and responsibilities.
According to article 4, the NHRI’s mission is to promote and safeguard human rights and basic freedoms in accordance with the UAE Constitution, applicable laws and legislation, and relevant international conventions.
According to Article 5 of the law, the NHRI must participate in the development of a national action plan to promote and protect human rights in the country, as well as propose a mechanism for its implementation, promote a culture of human rights, and raise public awareness about human rights through seminars, conferences, and panel discussions.
The Institution should also make recommendations to the relevant authorities and institutions on the extent to which national legislation and laws are compatible with international human rights treaties and conventions to which the UAE is a party, as well as track human rights violations, verify their authenticity, and report them to the appropriate authorities.
The Institution’s mandate also includes participation in international and regional fora concerned with human rights.
The NHRI must have a board of trustees of at least 11 members, including the Chairperson, with at least half of the members working full-time, according to Article 6.
The second clause of the article outlines the process for selecting members of the NHRI, which will be decided by the UAE President and will include advisory bodies, academics, civil society institutions, and those with technical and professional expertise, in their personal capacity, while also ensuring that women are properly represented.
The third article stipulates that a number of government representatives, to be determined by the President’s decision, will participate in the activities of the NHRI and attend its meetings without voting rights.
Article 8 specifies the NHRI’s membership term, which is four years, renewable once, and begins on the date of the resolution’s issue. Members must carry out their responsibilities in their official capacities.
The Board is required to convene at least once every three months, according to article 9. The Chairperson may call an extraordinary meeting of the Board at any time if a majority of the members requests it.
A majority of the Board’s members must be present for the meeting to be valid, and the Chairperson or Vice-Chairperson must be among those present. A majority vote of the members present is required to make decisions. If there is a tie, the Chairman will have the last say.
The Paris Principles treat human rights institutions founded in conformity with them as official state-created organisations dedicated to the promotion and protection of human rights. In carrying out their mandates, such institutions have financial and administrative autonomy and are regulated by the Paris Principles for National Human Rights Institutions, which were agreed in 1993.
The UAE’s willingness to build its human rights institutional structure in a way that will boost the country’s position and highlight its role in promoting it led to the creation of this essential mechanism.
The UAE was determined to follow best practices and assess prior experiences of other nations with similar institutions when formulating this law.
The UAE also sought support from international organisations, including the Office of the High Commissioner for Human Rights, which assisted in the drafting of the NHRI law with legal and technical assistance.
