What can NPMs do to overcome obstacles in the implementation of their recommendations?

NPMs mostly do not issue binding recommendations. Some of them – usually human rights commissions or ombuds institutions – do have this power but, even when they do, they use it rarely, if at all. This is because dialogue and persuasion are almost always more effective – in part because, while it may be possible to force a reluctant authority to implement the letter of a recommendation, it is far less likely to achieve the desired change than if they understand and are invested in the outcome.

NPMs thus have several options if their recommendations are not implemented. First is to find out why, something that will depend very much on whether the recommendation relates to short, medium or long term problems; to systemic or specific issues; and to the topic of the recommendation. It will be much easier for an NPM to understand why a specific recommendation on a simple procedure, with a short time frame for implementation has not been implemented than it will be in relation to a complex, systemic issue that requires action over a long timeframe to solve.  Key questions to ask, however, may include: do the authorities fully understand the recommendation and what it is trying to achieve? Is there a budget issue that is preventing implementation? Or is there resistance from a specific individual or institution that is preventing implementation? Once an NPM has understood why a recommendation has not been implemented, an appropriate strategy can be developed. This might include explaining or reformulating recommendations that aren’t clear, conducting advocacy with specific authorities, including parliament, or meeting with key individuals and institutions to understand and overcome their resistance. Some NPMs also use the media to help exert pressure on authorities, particularly when other methods of persuasion have failed.

Systematically analysing all of the different organisations and individuals who might be relevant to the implementation of a recommendation is also a useful way to overcome obstacles. A key element of this kind of “stakeholder analysis” is to think about the different levels of power and interest that different institutions and individuals may have in relation to a specific recommendation or priority. This can help NPMs to identify which actors might need further persuasion (for example, those that have power but little interest in the topic – maybe including parliamentarians, relevant ministers or the media) as well as which actors might form good coalition or advocacy partners in pressing for change (for example, those that have a lot of interest but, little power when they act alone – maybe including NGOs or families of victims).