Preventing Torture An Operational Guide for National Human Rights Institutions Chapter 10: NHRIs and the Optional Protocol to the Convention against Torture Key questions • How can NHRIs promote ratification of the Optional Protocol to the Convention against Torture, as well as open debate on the options for a national preventive mechanism? • What are the challenges for NHRIs in being designated as a national preventive mechanism? • How can NHRIs not designated as a national preventive mechanism cooperate with the Optional Protocol’s bodies? 1. Introduction The Optional Protocol to the Convention against Torture aims to prevent torture and ill-treatment by establishing a system of regular visits to places of detention. These visits are undertaken by an international body, the Subcommittee on Prevention of Torture, and by a national preventive mechanism (NPM). The Optional Protocol represents an important new instrument for the prevention of torture and offers several different roles that NHRIs can play (see chapter 7 for more information) 2. Promoting the Optional Protocol 2.1. Role of NHRIs in the ratification of the Optional Protocol As part of their general mandate to promote ratification of international instruments, NHRIs can be actively involved in promoting ratification of the Optional Protocol. This can be done through formal recommendations to the Government, discussing the importance of the Optional Protocol in its annual or thematic reports, lobbying relevant Government Ministers and Members of Parliament and raising awareness and building support with different stakeholders and the public. The National Human Rights Commission of Korea submitted several recommendations to the Government on signing and ratifying the Optional Protocol. In November 2006, it held a symposium on Ratification of the Optional Protocol and its Impact on the Human Rights of the Detainees. At the initiative of the South African Human Rights Commission, an ad hoc Committee on Torture with a mandate to lobby for the ratification of the Optional Protocol was established. It is composed of representatives from the Government, Parliament, civil society organizations and existing visiting bodies. When discussing ratification of the Optional Protocol, consideration should also be given to the practical steps involved in implementing the treaty and, in particular, the possible options for establishing or designating a NPM. 98 | Chapter 10: NHRIs and the Optional Protocol to the Convention against Torture