The Nairobi Declaration on the Administration of Justice, adopted at the Ninth International Conference of National Human Rights Institutions (Nairobi, 21-24 October 2008), addresses the role of NHRIs in the administration of justice and encourages their involvement in torture prevention. Several provisions of the Nairobi Declaration are directly relevant to torture prevention, such as providing training for law enforcement and prison staff; conducting unannounced visits to police stations and places of detention; reviewing standards and procedures; and promoting ratification of the United Nations Convention against Torture and its Optional Protocol. The annual review of the implementation of the Nairobi Declaration during meetings of the International Coordinating Committee provides an additional opportunity for NHRIs to be more actively involved in the prevention of torture.27 Protecting human rights defenders is one of the weaker areas of engagement for NHRIs. According to the above-mentioned OHCHR survey among NHRIs, few respondents (62.2 per cent) carry out activities aimed at protecting human rights defenders. This percentage was the highest in the Asia-Pacific region (11 respondents), followed by the Americas (7), Africa (11) and Europe (9). Only two thirds had activities specifically for human rights defenders. It is, therefore, important for the future to establish and strengthen capacity in this area. In all the core protection areas mentioned here, NHRIs have particular responsibility for considering gender when carrying out their mandate, and to ensure that States take urgent action on violence against women. Internationally, a range of sexual violence offences is now included in the Rome Statute of the International Criminal Court and the statutes of the ad hoc international criminal tribunals. Moreover, the United Nations Security Council, in its resolution 1820 (2008), noted that rape and other forms of sexual violence can constitute a war crime, a crime against humanity, or a constitutive act with respect to genocide. 3. Advising Governments and parliaments According to the Paris Principles, NHRIs have a general responsibility to advise Government, parliament and other authorities by giving “opinions, recommendations, proposals and reports”. Some States do not use the term “parliament”, but it is used here to refer to the national legislature. The Paris Principles state that NHRIs may give advice either on request or on their own initiative “without higher referral”. They must be free to publicize their advice without restraint and with appropriate immunities. This advice provides a vital and current source of policy and legal information on a range of human rights issues. National human rights institutions can foster dialogue and facilitate cooperation with Governments and parliament: these are all important in creating a strong culture of human rights in the country. A specific and important part of this advice concerns the ratification of international instruments, the removal of reservations and the incorporation of rights into domestic legislation.28 4. Cooperation and coordination Cooperation and coordination are requirements of the Paris Principles as well as practical necessities. According to the International Coordinating Committee’s Sub-Committee See, e.g., Association for the Prevention of Torture, APF, OHCHR, Preventing Torture: An Operational Guide for National Human Rights Institutions (2010). 28 E.g., Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, para. 15. 27 23

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