Independence of National Preventive Mechanisms (NPMs)
involved in the promotion and establishment of National Preventive Mechanisms in various countries. This being the case, Switzerland has a direct foreign policy interest – in terms of policy consistency – in finding more suitable institutional solutions for assuring
the NCPT’s functional independence.
A number of institutional solutions for resolving this issue merit
consideration. One of the possible means for lending substance to
the Commission’s functional independence would be to endow it
with its own legal personality, which would enhance its status under administrative law. The legislative procedures required for such
a step would not be overly cumbersome, as no amendment of the
FANCPT would be necessary.
Another possible solution would be to attach the Commission
to a different department of the government, or to a different
administrative unit whose activities do not fall within the scope of
those covered by the NCPT’s mandate.
Finally, the legislative proceedings currently in progress for the
establishment of a National Human Rights Institution (NHRI) can
be seen as an opportunity for bringing together all actors and
commissions working in the area of human rights within a single
institution, giving due consideration to their respective mandates.
This would be an efficient and effective solution in both substantive and financial terms. Given the fact that the establishment of
the NHRI is imminent, it is a possibility that should, at the least, be
examined. The NCPT’s experiences in connection with the issue of
functional independence will be a subject for serious discussion
also for the future NHRI. In a period where financial resources are
limited and where there is a political demand for greater transparency in public spending, it is all the more incumbent on the government to seek appropriate institutional solutions to guarantee the
maintenance of a consistent and effective human rights policy.83
See also Kälin/Nowak, p. 17.
83
46
Activity Report NCPT 2017
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