What are the advantages and challenges faced by NHRIs as NPMs?

Change of mindset.

• One of the biggest challenges for NHRIs designated as NPMs is the change of mindset required to begin working in a preventive way. Many existing institutions have long histories and experience of complaints handling and investigations. Many also conduct detention inspections based on compliance with established laws and standards. In contrast, 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 and on changing public mindsets. In particular, NPM work often focuses on bridging the gap between what exists in law and standards, and the practices that are found in detention – work which requires an in-depth understanding of what is happening in detention, built on long and in-depth visits to places of deprivation of liberty.

Legislation and powers.

• NHRIs – particularly those that fully comply with the Paris Principles – have a strong legal basis, often grounded in the constitution. In many cases, this founding legislation contains some of what is required by the OPCAT – the first international treaty to proscribe specific powers and mandate to national institution. This often includes existing powers to visit places of detention. Nevertheless, the founding legislation of NHRIs often falls short of compliance with all OPCAT requirements. In such cases, there are several options: one is to pass new or additional legislation designating the NHRI as the NPM. Another option is to revisit the institution’s founding legislation entirely – even if only small changes are ultimately required – and include the required amendments. This can be an opportunity for discussions about the institution as a whole, as well as how best to integrate the NPM mandate. This process may involve an institutional review, conducted by the NHRI, supplemented by both public and parliamentary debates. In the real world, of course, such a review may be a difficult and time-consuming task and one that can also involve dangers for the institution if spoilers seek to use the opportunity to undermine the whole institution.
• Regardless of the approach chosen, the specific functions and powers of the NPM should be stated explicitly in law , including 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.

Expertise and staff.

• One of the primary reasons for designating these NHRI as NPMs is that many of them have existing experience, particularly in relation to law reform, and to visiting some types of places of detention, usually prisons. This means that, while NPM work is very different in both approach and scope, some detention environments are nevertheless not unfamiliar to many NHRI. In addition, many of them also have thematic expertise in relation to groups in situations of vulnerability, although not always in detention contexts. Some of them may also have experience in relation to issues such as disability rights, elderly persons, access to justice, health care, migration, and child rights – all areas with relevance to the work of NPMs. Another advantage is that due to their broad human rights mandates, many NHRIs are able to link the specialised NPM mandate with its day to day work under its general, broad human rights mandate.
• Despite the Paris Principles requirement of pluralism, what most NHRIs lack, however, is the multidisciplinary expertise that is required for preventive work as an NPM, given that the staff of such institutions are almost always lawyers. Thus, while existing staff play a key role, they will usually need to be joined by new colleagues from a broad range of backgrounds and specialisations who can be dedicated fully to the NPM mandate. This can be challenging given that public sector hiring rules, may restrict the ability of such institutions to hire the exact people they need, including as external experts, from a range of disciplines.

Institutional capacity.

• Most NHRIs have a number of existing departments that may be complementary to the work of the NPM, allowing the institution as a whole to maximise its impact and use of resources. For example, many such institutions have specialised staff working on parliamentary relations and legislative reform. This can be useful, given the role of NPMs in making recommendations on new legislation or on the reform of existing laws – both of which are mandated under article 19 of the OPCAT.
• There may also be useful synergies to be found with departments working on complaints, with those working on specific groups in situations of vulnerability, and those working on education and training. Existing administrative departments (responsible for finance and travel, for example) may also be extremely useful when taking on an NPM mandate.
• In addition, many have a designated communications and advocacy unit. Communication is key to explaining a new NPM mandate; the specificity of the preventive approach; to making the work of the NPM visible; and to assist in ensuring that monitoring activities lead to real change in detention. These tasks can be greatly facilitated by the existing communications expertise of NHRIs, particularly when existing communications staff are given the resources and training necessary to understand the specificities of the preventive mandate of NPMs.  
• Many NHRIs have regional offices, which may be helpful to NPMs in ensuring adequate geographical coverage for their work, particularly in large or geographically fragmented countries where places of deprivation of liberty may exist far from major cities. In particular, regional offices are likely to be rich sources of context-specific information for the NPM. However, involving such offices in detention visits and other aspects of NPM work requires careful thought and planning in order to maximise the use of the institutions’ resources and to ensure coherence of the NPM’s work, particularly given that, in many institutions, regional offices are overloaded and understaffed. Good practice might involve, for example, designating an NPM focal point within each regional office; involving regional staff in NPM specific training; involving regional offices in discussions on planning, visit preparation and follow-up; and clarifying rules around staff participation and hierarchy.
• Finally, existing infrastructure (such as offices and cars) can potentially be useful when NHRIs take on an NPM mandate, although additional resources will almost always be required and are, in fact, a specific requirement of the GANHRI subcommittee on accreditation (SCA), when it reviews those members institutions that have been designated as NPMs.  
• Many of these internal synergies can usefully be addressed in an institution’s internal rules.

Coherence of the human rights system.

• Human rights monitoring and oversight systems that are overly complicated can be difficult for authorities, detainees, and others to understand. It can also lead to gaps and overlaps in coverage. Centralising detention-related mandates within an NHRI can be helpful in this regard, by creating a “one-stop-shop” for human rights issues within a country.

Legitimacy.

• NHRIs that have an NPM mandate may be able to build on their existing engagement with national stakeholders and counterparts. Existing relationships, reputation, trust and visibility can be an advantage – in cases where they are positive. At the same time, existing institutions will also need to take the time and put in significant effort to properly communicate the specificities of the NPM mandate among relevant stakeholders. In cases where the existing institution is viewed negatively by key stakeholders, this can be a serious handicap to future NPM effectiveness.

Links to the international system.

• Strong links and familiarity with the international human rights system are strengths of many NHRIs, particularly those with GANHRI “A Status” accreditation that allows them to participate in the UN Human Rights Council and treaty body processes.  Existing knowledge of the UN human rights system, feeding national recommendations and priorities into those made internationally, and promoting international recommendations domestically, may enable an NHRI as NPM to further reinforce and improve implementation of recommendations at the national level.
• In addition, the status of NHRIs within international and regional NHRI networks may also offer an additional level of protection against interference or reprisals. These networks also provide an important source of information and exchange of experiences, lessons and good practices among NHRIs, thus helping to strengthen their work domestically
• The accreditation process for institutions that are part of GANHRI can also provide a measure of external accountability for NPMs, ensuring that they meet some key minimum standards for independence.