Preventing Torture An Operational Guide for National Human Rights Institutions - Updated Edition
2.2. Opportunities and challenges for NHRIs designated as NPM
Designating an NHRI as NPM presents several advantages, when the institution has a strong legal
basis, expertise, positive reputation, trust and visibility, as well as strong links and experience with
the international human rights system and its status within international and regional NHRI networks.
NHRIs designated as NPMs also raise specific challenges in terms of resources, mandate, composition
and internal coordination.
2.2.1. Resources
According to the Optional Protocol, States should make available the necessary resources for the
effective functioning of the NPM. Designating an existing NHRI as the NPM should not be viewed
by the Government as an economical way of implementing its responsibilities under the Optional
Protocol. As highlighted in the Nairobi Declaration, NHRIs can undertake this additional mandate only
if they are provided with the necessary human and financial resources.
2.2.2. Legislation and powers
Most NHRIs have a strong legal basis, often grounded in the constitution. In many cases, this founding
legislation contains some powers required by the Optional Protocol, in particular related to visiting
places of detention. However, the founding legislation of NHRIs often falls short of compliance with all
OPCAT requirements. In such cases, there are several options:
• pass new or additional legislation designating the NHRI as the NPM
• revisit the institution’s founding legislation entirely and include the required amendments.
Regardless of the approach chosen, the specific functions and powers of the NPM should be stated
explicitly in law, in order to sustain the NPM’s existence in the long term. This process will also need
to be accompanied by discussions on the institutions’ internal rules and processes.
Insights from practice:
Togo ratified the Optional Protocol in 2010. It decided to give the mandate to the NHRI, the
Commission Nationale des Droits de l’Homme but to revise its legal basis. The 2005 CNDH law was
profoundly amended in 2018. The new Commission is now composed of nine members divided into
three sub-commissions. The sub-commission on prevention is implementing the NPM mandate.
Maldives ratified the Optional Protocol in 2006 and the National Human Rights Commission was
designated as NPM by Presidential Decree in 2008. The 2013 Anti-torture Act officially designated
the NHRI as NPM and provided a legislative basis to this mandate.
2.2.3 Mandate and change of mindset
NHRIs have a mandate to handle complaints and to investigate and document cases of human rights
violations. The fact that the NHRI already undertakes visits to places of detention is not, in itself,
sufficient to ensure that these visits will meet the OPCAT requirements. The preventive visits described
in the OPCAT differ in their objectives and their approach from other types of visits, in particular visits
to investigate complaints of torture and ill-treatment.
The work of an NPM is forward-looking, multidisciplinary, aimed at reducing risks and root causes
of torture and ill-treatment, and at protecting the dignity of those deprived of their liberty, even in the
absence of complaints. The approach of NPMs is also based on ongoing, constructive engagement
and dialogue with the authorities. It often focuses on bridging the gap between what exists in law
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