What are some key considerations for NPMs and CSOs when working together?

To avoid any misunderstanding or frustration with regards to each other capacities and mandates, NPMs and CSOs may wish to clearly formulate and agree on the expectations, possibilities and limits of their cooperation or partnership, before they start work. In some cases NPMs have found it useful to include the objectives and modalities of this cooperation in a formal Memorandum of Understanding. Although, it is important that any MoUs or similar formal structures do not to restrict the independence or flexibility of the NPM.

The OPCAT mandate is specific and requires any operational partners of an NPM to abide by important rules to preserve the institution’s independence and effectiveness. This includes respecting the confidentiality of any data that NPMs have access to through their broad OPCAT powers. While an expert from a CSO may join the NPM on a specific visit or for a specific project, this would usually require them to sign a confidentiality agreement before being allowed to access sensitive information. More broadly, NPMs will need to be careful when working with CSOs to not share sensitive information that the CSOs would not have been able to otherwise access. It is paramount that this is clarified and agreed in advance of any cooperation and particularly, before any visits to places of deprivation of liberty. It might be useful to share information with CSOs regarding the NPM’s obligations and responsibility to protect sensitive information to avoid any misunderstandings or problems that might arise.

Joint monitoring visits, if they are undertaken, are usually the most sensitive and tricky aspect of cooperation with CSOs. In such cases, it is recommended that both parties agree in advance on their roles, responsibilities and approach during the visit. They will also need to agree in advance on the actions they shall take should they uncover any gross violation of human rights or other situations requiring urgent action. A key issue is also the question of how CSOs can use any  information gathered during joint visits, taking into account the point above regarding sensitive or confidential information and the responsibility that NPMs have to protect such information.