UNDP-OHCHR TOOLKIT THE CORE PROTECTION MANDATE “NHRIs can play an important role in upholding and reinforcing the rule of law and the administration of justice; advocating for legal and institutional reform and improvement of security institutions, such as the police and prisons; and monitoring places of detention. However, if NHRIs are unwilling or unable to address, head-on, issues such as the prevention of torture and degrading treatment, arbitrary detention or disappearances, the protection of human rights defenders, they become disconnected from the real concerns of victims of human rights abuses and the urgent needs of the most vulnerable. Not being directly involved in such issues weakens their credibility at home and also at the regional and international levels.” Source: Mr. G. Magazzeni, Coordinator, National Institutions Unit, OHCHR. “Domestic Protection of Human Rights: Strengthening Independent National Structures” (Dublin, 16-17 September 2008). 4.3.1 Preventing torture, summary executions and arbitrary detention Core protection issues are central to the very rationale of NHRIs: investigating human rights violations and handling complaints, especially as regards the prevention of torture and degrading treatment, arbitrary detention, disappearances and the protection of human rights defenders, are fundamental to what most NHRIs do. In addition, NHRIs have a watchdog role in reviewing conditions in detention facilities, and should have the right to visit facilities unannounced and request private interviews with detainees. Since UNCTs are under the authority of Resident Coordinators, and do not themselves undertake human  rights monitoring or investigations, the role of NHRIs becomes that much more critical for the work of UNCTs who are seeking to strengthen rule of law and human rights at the country level. Ideas and strategies for NHRI activities related to solutions in each core protection area, and specific options for UNCTs working with NHRIs, are reviewed in: 56 Annex 1: Table of Core Protection Issues and Potential Activities for NHRI Involvement. This Tool reviews core protection issues according to the categories in Table 2 (page 55), in detail, and provides concrete suggestions as to what UNCTs might do to provide support to NHRIs in each area. 4.3.2 Prevention of torture NHRIs are expected to become even more involved and visible as regards the prevention of torture with the entry into force of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment. The objective of the Protocol is to establish a system of regular visits undertaken by independent international and national bodies to places where people are deprived of their liberty, in order to prevent torture and other cruel, inhuman or degrading treatment or punishment. NHRIs designated as “national preventive mechanisms” under the Protocol have the legal mandate to inspect prisons, by establishing systems of regular visits to places of detention. According to responses to a questionnaire sent by the OHCHR, some 35 NHRIs are already actively engaged in torture prevention activities. OHCHR, Survey of National Human Rights Institutions: Report on the Findings and Recommendations of a Questionnaire Addressed to NHRIs Worldwide. 2009. www.nhri.net

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