of recommendations. Once the final report is shared with the authorities and made public, NPMs
engage in a sustained dialogue process to follow-up on their recommendations and ensure their
implementation. In practice, it means not only relying on written exchanges such as emails or official
correspondence, but also – and most importantly – maintaining face-to-face or online meetings and
informal engagements, to establish trust .
NPMs have direct engagements with the authorities also beyond their recommendations following
visits to places of detention, for example to discuss relevant thematic issues or to advocate for legal
and policy changes. NPMs are also regularly consulted on specific issues and provide expert advice
to authorities.
How does dialogue work in practice?
Dialogue can take various forms, including bilateral discussions with individual institutions or interinstitutional roundtables involving multiple authorities. For example, some NPMs convene meetings with
police, health ministries, and judicial actors to advance detention safeguards or organise discussions
on draft recommendations to secure early buy-in. Regular annual meetings with relevant authorities,
such as OPCAT focal points, help review the implementation of recommendations and address any
issues.
For dialogue to be effective, NPMs must engage with relevant institutions and key actors consistently
over time. This often involves designating focal points within institutions for more informal and regular
communication. Besides formal written requests for responses on recommendations, NPMs should
also hold face-to-face or online meetings and maintain informal exchanges via phone or messaging
apps to build trust, address challenges, and facilitate agreements. Depending on the NPM, the heads,
members and staff of the institution may have different responsibilities when it comes to dialogue with
the authorities. This may depend also on the dialogue format and addresses, for instance whether the
dialogue involves high-level authorities or technical staff. While there is no single model applicable to
all NPMs, it is important that NPMs clearly define in advance the responsibilities relating to dialogue
with the authorities within their team.
What are the limits to dialogue?
Dialogue should be the guiding principle in all activities conducted by the NPM. However, it may have
some limitations.
Dialogue requires willingness and inclusion of both parties. Genuine and meaningful engagement
is possible only if there is trust and respect between the NPM and the authorities, and if the NPM
preserves its independence. It is important that the NPM does not let only authorities dictate the terms
on which the dialogue takes place.
In some circumstances, NPMs may need to draw a line when it comes to dialogue with the authorities
and take a different approach. For example, it may be helpful to also approach the media or mobilise
other national or international actors when there is an urgent and serious issue uncovered, or when
there is a lack of engagement from authorities over the long term. Even in those cases, it is important
for NPMs to try to keep some form of engagement with the authorities, because they are the ones who
have the responsibility to bring about change.
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NPM Toolkit for Asia Pacific NPM-NHRIs