CAT/OP/1/Rev.1
among others.21 Special attention should be paid to developing relations with civil society
members dedicated to working with vulnerable groups.22
14.
Where an organization designated as the national preventive mechanism performs
other functions in addition to those under the Optional Protocol, the national preventive
mechanism functions should be located within a separate unit or department with its own
staff and a separate budget (see CAT/OP/12/15, para. 32). The relationship between the
national preventive mechanism function and the rest of the organization, the working
methods and the safeguards applicable to preserve the independence of that function should
be clearly set out in the relevant internal regulations.
15.
States parties should make available the resources necessary for the effective
functioning of national preventive mechanisms.23 A national preventive mechanism should
prioritize its own use of resources on the basis of a regular analysis of its practice and
experience and in the light of its evaluation of its needs and the means necessary for it to
exercise its mandate appropriately. The mechanism should advocate for the provision of the
resources necessary for the effective exercise of its mandate, with the assistance of the
Subcommittee and/or other relevant actors if necessary.
16.
To ensure coherent and transparent functioning, national preventive mechanisms
should develop policies and rules of procedure for, inter alia:
(a)
Organization of the office, its work and budgets for all activities described in
paragraph 9 of the present tool;
(b)
Procedures for decision-making;
(c)
Employment and dismissal of staff;
(d)
Prevention of conflicts of interest;
(e)
Employment of external experts, establishing necessary qualifications and
terms of reference for their work;
(f)
Sharing of information within the mechanism;
(g)
Communication with other national and international actors, including the
Subcommittee, and the press;
(h)
Data protection and issues of confidentiality.
IV. Working strategy of the national preventive mechanism
17.
Given the nature of its work, it is almost inevitable that a national preventive
mechanism will face challenges such as a reluctance within bureaucracies to change
structures and practices, a lack of resources to implement recommendations and other
initiatives, and, occasionally, negative public opinion. Some of those challenges will be
outside the control of the mechanism and, to some extent, the relevant authorities with
whom the mechanism engages. In such situations the mechanism should nevertheless try to
find and put forward creative solutions that might address an issue over time in an
incremental fashion. It should consider forming partnerships with national and international
actors in order to raise awareness of the obligations of the States parties among decision
makers and the general public in order to encourage and facilitate change in legislation,
21
22
23
Paris Principles.
Ibid.
Article 18 (3) of the Optional Protocol.
5