Part III: A systematic change perspective
taking persuasive action within a process of dialogue with the authorities in order to have their
recommendations implemented. This obviously raises questions regarding the relevant social and political
forces which determine the impact NPMs can have and the relative power of NPMs to achieve results. The
following issues appear to be relevant:
• It is essential to thoroughly analyse the relative power of the NPM, in particular its cultural capital
(technical knowledge, argumentative and communication skills, strategising skills) and its symbolic
capital (credibility, reputation, institutional basis within state structure).296 A useful tool for doing
this could be a SWOT/C (Strengths, Weaknesses, Opportunities, Threats/Challenges) analysis of
the NPM.
• Tailor-made measures to enhance the capital of NPM should be undertaken, both at the
organisational level (e.g. strategy development, communications planning) and at the level of
individual members (training).
Several NPMs have indicated that are well aware of these considerations, if not explicitly, at least intuitively.
In particular, there was a keen awareness of the fact that the relative power of NPMs depended on the
professionalism in their analysis, the strength of their institutional basis and their reputation as credible
and impartial actors. These factors were for example strongly stressed by the French and UK NPMs.
Building Block 5: Reflecting on availability and suitability of tools for follow-up action
Relevant questions
•
What are the tools and instruments available to the NPM for achieving the desired change?
•
What are the strengths and shortcomings of these tools?
•
Which tools are suitable in the given circumstances for achieving the desired change?
In a systematic change perspective, a reflection on the tools and instruments that are available and
suitable for achieving the desired change is fundamental.
What are the tools at the disposal of NPMs? According to the OPCAT, the main tools are the visits, the
reports about the findings and pertinent recommendations as well as the dialogue with the competent
authorities. Furthermore, NPMs can submit proposals and observations regarding legislation. The SPT
further specifies the tools in its ‘Analytical self-assessment tool’: the dialogue with the competent
authorities might be written or oral,297 NPMs shall ‘maintain a dialogue with other relevant national and
international actors, including civil society’,298 ‘sustainable lines of communication’299 with all relevant
interlocutors shall be established. In addition, the NPMs should establish: a mechanism for communicating
and cooperating with the competent authorities, a policy for publicising its reports or parts of it, and a
policy regarding thematic reports.300 Also, NPMs should develop a strategy for making its mandate and
work known to the general public.
While this enumeration covers the main tools, the list is certainly not exhaustive in view of the dynamic
nature of the concept of prevention of torture and the resulting need of taking suitable measures to this
effect.301 NPMs should develop whatever means they deem adequate for achieving their purpose, in the
words of SPT, ‘to maximize [the] preventive potential and impact.’302
For proposals to strengthen the effectiveness of NHRIs see ICHRP, Assessing the Effectiveness of National Human Rights
Institutions (ICHRP and OHCHR 2005) [hereinafter: ICHRP, Assessing the Effectiveness (2005)].
297
SPT, UN Doc CAT/OP/1, para 22.
298
Ibid para 23.
299
Ibid para 30.
300
Ibid para 31.
301
SPT, UN Doc CAT/OP/12/6, paras 2 and 3.
302
Ibid para 5(e).
296
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