What does it mean to designate an NPM?

Article 3 of the OPCAT establishes the obligation for each state party to “set up, designate or maintain” one or several NPMs. To designate an NPM, states need to decide which institution will take on the mandate. This decision is then put into effect through a law or decree.

This is the first of three phases that states need to go through in order to set up an effective NPM. Phase two is NPM establishment, which is achieved when the members or staff are in office and the basic requirements for operation are in place. In the third phase, NPMs then become functional as they begin to conduct preventive visits, make reports and recommendations and enter into dialogue with the authorities.

Article 17 of the OPCAT gives states a deadline of one year from the date of ratification to designate their NPM. Given the complexity of the task, however, many states have taken longer to complete this first phase. In order to remain in compliance with this article of the OPCAT this has meant that some states have begun preparatory work before ratification. Others have invoked Article 24, which gives them an additional three years (for a total of four) to designate their NPM.