Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition bills and proposals, and shall make such recommendations as it deems appropriate in order to ensure that these provisions confirm to the fundamental principles of human rights. It shall, if necessary, recommend the adoption of new legislation, the amendment of legislation in force and the adoption or amendment of administrative measures (b) To promote and ensure the harmonization of national legislation, regulations and practices with the international instruments to which the State is a party, and their effective implementation (c) To encourage ratification of the above-mentioned instruments or accession to those instruments, and their effective implementation ACJ Reference on Torture Ratification of relevant international instruments NHRIs should stress the importance of ratifying all relevant treaties regarding torture, including the International Covenant on Civil and Political Rights, its First Optional Protocol, the Convention against Torture and the Optional Protocol. In particular, they should stress the importance of individuals having a right to make a complaint to relevant international bodies and therefore the importance of their States becoming party to the First Optional Protocol to the International Covenant on Civil and Political Rights and making a declaration under article 22 of the Convention against Torture. Legislative implementation of international obligations in domestic law NHRIs should urge their State to: • include a comprehensive definition of the term torture in domestic legislation • ensure that torture is a specific criminal offence under domestic law • recognize customary international law as informing domestic law • give legislative effect to the non-refoulement principle, including the prohibition of the return of person to a country in which they may face torture or other cruel, inhuman or degrading treatment or punishment 44