How does dialogue work in practice?

Dialogue can take different forms. NPMs can engage in bilateral dialogue with one institution at a time, but also have dialogue with several institutions at the same time. For example, some NPMs hold inter-institutional roundtables to discuss specific issues that involve different authorities. In some countries, for example, NPMs have convened a series of meetings with the police, the Ministry of Health and judicial actors to advance the implementation of detention safeguards.  NPMs also organise discussions with the authorities on their draft recommendations, in order to ensure buy-in at an early stage. Some NPMs hold annual meetings with the authorities, for instance the OPCAT focal points within each relevant institution, to review the implementation of their recommendations and analyse what has or has not been done, and why. The holistic approach, authority and independence place the NPM in a privileged position to bridge the dialogue gap between different authorities, but also between authorities and civil society actors.

For dialogue to be meaningful and effective, it is essential for NPMs to target the relevant institutions and the key actors within those institutions. It is also important to engage regularly over time. A good practice is having focal points designated within ministries and other relevant institutions, with whom NPMs can have more informal and regular exchanges.

Many NPMs request answers in writing about the implementation of their recommendations from the authorities, often with a deadline for response. In addition to the written and formal exchange, it is highly recommended to have closed face-to-face or online meetings with the authorities and also maintain informal exchanges via telephone or other means (such as WhatsApp for instance) to build trust, overcome resistance, understand what are the restrictions and challenges of the authorities, and reach 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.