Part II: Preventing torture: NHRIs in action Chapter 10: NHRIs and the Optional Protocol to the Convention against Torture KEY QUESTIONS • How can NHRIs promote ratification of the Optional Protocol to the Convention against Torture, as well as open debate on the options for a national preventive mechanism? • What are the challenges for NHRIs in being designated as a national preventive mechanism? • How can NHRIs not designated as a national preventive mechanism cooperate with the Optional Protocol’s bodies? Introduction The Optional Protocol to the Convention against Torture aims to prevent torture and ill-treatment by establishing a system of regular visits to places of detention. These visits are undertaken by an international body, the Subcommittee on Prevention of Torture, and by a national preventive mechanism (NPM). The Optional Protocol was adopted in 2002 and entered into force in 2006. It represents an important new instrument for the prevention of torture and offers several different roles that NHRIs can play (see chapter 7 for more information). So far, the majority of NPMs designated are National Human Rights Institutions. 1. Promoting the Optional Protocol 1.1. Role of NHRIs in the ratification of the Optional Protocol As part of their general mandate to promote ratification of international instruments, NHRIs can be actively involved in promoting ratification of the Optional Protocol. This can be done through formal recommendations to the Government, discussing the importance of the Optional Protocol in its annual or thematic reports, lobbying relevant Government Ministers and Members of Parliament and raising awareness and building support with different stakeholders and the public. When discussing ratification of the Optional Protocol, consideration should also be given to the practical steps involved in implementing the treaty and, in particular, the possible options for establishing or designating a NPM. 131

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