How can NPMs influence law and policy in practice?
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Based on their understanding of the changes needed, there are a number of ways that NPMs can contribute to law and policy frameworks that uphold the dignity of those deprived of liberty. These may include:
- Submitting proposals and observations concerning existing or draft legislation. In this regard, a number of NPMs (particularly those that are NHRIs) have specific wording in their founding legislation that requires the authorities to send them relevant draft legislation for comments and inputs. This may also involve participation in specific committees or legislative review processes or providing input to ad hoc government commissions established to address specific problems or themes.
- NPMs can also submit proposals and observations on policy. NPMs might be invited to participate in formal policy review processes but, even outside these processes, they can often promote change by engaging directly with the government agency that oversees the policy at hand. This might mean, for example, making recommendations and entering into dialogue with the national police academy in order to change police training on the use of force.
- Many NPMs also use their thematic and annual reports to highlight specific issues and to make recommendations aimed at addressing the legislative and policy-related aspects of different problems they have identified in their work. Presenting their annual report to parliament, as many NPMs have the power to do, can be an important way to engage with and raise awareness among parliamentarians of the changes to law and policy that are needed. Over time, this can also help NPMs to build a relationship with key parliamentarians, which may help them to drive legislative change relevant to their mandates.
- NPMs may also wish to engage in public advocacy around key legislative and policy priorities in their work. Either alone or as part of coalitions or civil society and other actors. This can involve thematic reports, as mentioned, as well as press conferences, op-eds and engagement with the media.
- A small number of NPMs also submit Amicus briefs in relation to court cases that are relevant to their work – particularly when they involve a particular precedent.
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