National Human Rights Institutions Pathways for Pacific States

36Guardians of RightsThe Paris Principles state that NHRIs may be authorised tohear and consider complaints. Guidelines for proceduresin these cases are provided. There is an emphasis on theprinciple of “amicable settlement through conciliation or,within the limits prescribed by law, through binding decisionsor, where necessary, on the basis of confidentiality”.existing traditional forms of dispute resolution.• Provide opportunities for senior officials and traditionalleaders to observe NHRI dispute-resolution practices.Where an NHRI is given authority to hear complaints itneeds appropriate legal powers, including the power toinvestigate complaints and conduct inquiries (with anemphasis on amicable settlement) and provide remediesfor human rights violations.THE PACIFIC CONTEXTIt is up to individual states to determine whether an NHRIwill have jurisdiction to hear complaints. That issue wouldneed to be considered in light of the functioning of otherparts of the justice system, existing human rights mechanismsand how these were working.For example, in Tuvalu, there was considerable support forthe development of a forum for alternative resolution ofdisputes in appropriate cases. Difficulties with the administrationof justice, pressure on the Fale Kaupule processesand the lack of a sitting magistrate were causingconsiderable delays. There was support for mechanismsof conciliation, premised on a legal framework for appropriateenforceability, rather than the adversarial courtstructure. However, the provision of an alternative forumfor dispute resolution could not go forward without addressingthe capacity and resource issues of the offices ofthe Attorney-General and the People’s Lawyer and havinga working magistrate appointed.SUGGESTIONS:• Provide more information about how NHRIs resolvedisputes and the powers for investigation and prosecutionof complaints.• Provide information about how conciliation processescan work effectively alongside, and not in conflict with,