UNDP-OHCHR TOOLKIT
THE CORE PROTECTION MANDATE
“NHRIs can play an important role in upholding and
reinforcing the rule of law and the administration of
justice; advocating for legal and institutional reform
and improvement of security institutions, such as
the police and prisons; and monitoring places of
detention. However, if NHRIs are unwilling or unable
to address, head-on, issues such as the prevention of
torture and degrading treatment, arbitrary
detention or disappearances, the protection of
human rights defenders, they become disconnected
from the real concerns of victims of human rights
abuses and the urgent needs of the most vulnerable.
Not being directly involved in such issues weakens
their credibility at home and also at the regional and
international levels.”
Source: Mr. G. Magazzeni, Coordinator, National Institutions Unit,
OHCHR. “Domestic Protection of Human Rights: Strengthening
Independent National Structures” (Dublin, 16-17 September 2008).
4.3.1 Preventing torture, summary
executions and arbitrary detention
Core protection issues are central to the very rationale of
NHRIs: investigating human rights violations and handling
complaints, especially as regards the prevention of torture
and degrading treatment, arbitrary detention, disappearances and the protection of human rights defenders, are
fundamental to what most NHRIs do. In addition, NHRIs
have a watchdog role in reviewing conditions in detention
facilities, and should have the right to visit facilities unannounced and request private interviews with detainees.
Since UNCTs are under the authority of Resident
Coordinators, and do not themselves undertake
human rights monitoring or investigations, the role of
NHRIs becomes that much more critical for the work of
UNCTs who are seeking to strengthen rule of law and
human rights at the country level.
Ideas and strategies for NHRI activities related to solutions
in each core protection area, and specific options for
UNCTs working with NHRIs, are reviewed in:
56
Annex 1: Table of Core Protection Issues and Potential
Activities for NHRI Involvement.
This Tool reviews core protection issues according to
the categories in Table 2 (page 55), in detail, and provides concrete suggestions as to what UNCTs might
do to provide support to NHRIs in each area.
4.3.2 Prevention of torture
NHRIs are expected to become even more involved and
visible as regards the prevention of torture with the entry
into force of the Optional Protocol to the Convention
against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment. The objective of the Protocol
is to establish a system of regular visits undertaken by
independent international and national bodies to places
where people are deprived of their liberty, in order to
prevent torture and other cruel, inhuman or degrading
treatment or punishment.
NHRIs designated as “national preventive mechanisms”
under the Protocol have the legal mandate to inspect
prisons, by establishing systems of regular visits to places
of detention. According to responses to a questionnaire
sent by the OHCHR, some 35 NHRIs are already actively
engaged in torture prevention activities.
OHCHR, Survey of National Human Rights Institutions: Report
on the Findings and Recommendations of a Questionnaire
Addressed to NHRIs Worldwide. 2009. www.nhri.net
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