Effectiveness of National Human Rights Institutions in Advancing Good Governance: A comparative study of South Africa and Nigeria

Abstract

Constitutionalism is central to achieve good governance in Africa, and the role of National Human Rights Institutions (NHRIs) in this regard is affirmed in Article 26 of the African Charter on Human and Peoples’ Rights and other laws. The South African Human Rights Commission (SAHRC) and the Nigerian National Human Rights Commission (NHRC) have ‘A’ status accreditation which suggests that both institutions are substantially in compliance with the Paris Principles. However, there remains the issue of whether the ‘A’ status reflects their viability or otherwise in reality. Through the lenses of legislative framework, qualification and appointments, financial autonomy and the nature of their recommendations, this article examines the ability of both institutions to effectively perform their functions towards the achievement of good governance. Thus, using doctrinal and comparative law methodologies, this article finds that while NHRC falls short in terms of legislative framework and other indicators like financial autonomy, appointment and dismissal, the SAHRC relatively meets the standard of the Paris Principle though with challenges. Although the Paris Principles provides that ordinary legislation is acceptable legal framework, such is not sufficient in the context of Nigeria. Therefore, for ordinary legislation to be regarded as sufficient, the context in which an NHRI operates should be considered. Also, arguments have been made for NHRI’s financial autonomy, it is posited that what is achievable in reality is relative financial autonomy not absolute financial autonomy. On recommendations, judicial decisions including the South African Human Rights Commission v Agro Data held SAHRC’s recommendations as non-binding. This article however argues that distinction needs to be drawn between recommendations requiring performance of an act as means to an end, and recommendations determining rights and obligations, as while the former should be binding, the latter may be non-binding to prevent usurpation of judicial powers.

Suggested citation

Oluwatosin Senami Adegun (2025). Effectiveness of National Human Rights Institutions in Advancing Good Governance: A comparative study of South Africa and NigeriaInternational Journal for Law & International Business Transactions, 1(1). https://doi.org/10.69798/87425009

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