The Nairobi Declaration on the Administration of Justice, adopted at the Ninth
International Conference of National Human Rights Institutions (Nairobi, 21-24 October
2008), addresses the role of NHRIs in the administration of justice and encourages their
involvement in torture prevention. Several provisions of the Nairobi Declaration are directly relevant to torture prevention, such as providing training for law enforcement and
prison staff; conducting unannounced visits to police stations and places of detention;
reviewing standards and procedures; and promoting ratification of the United Nations
Convention against Torture and its Optional Protocol. The annual review of the implementation of the Nairobi Declaration during meetings of the International Coordinating
Committee provides an additional opportunity for NHRIs to be more actively involved in
the prevention of torture.27
Protecting human rights defenders is one of the weaker areas of engagement for
NHRIs. According to the above-mentioned OHCHR survey among NHRIs, few respondents (62.2 per cent) carry out activities aimed at protecting human rights defenders.
This percentage was the highest in the Asia-Pacific region (11 respondents), followed
by the Americas (7), Africa (11) and Europe (9). Only two thirds had activities specifically for human rights defenders. It is, therefore, important for the future to establish
and strengthen capacity in this area.
In all the core protection areas mentioned here, NHRIs have particular responsibility for
considering gender when carrying out their mandate, and to ensure that States take
urgent action on violence against women. Internationally, a range of sexual violence
offences is now included in the Rome Statute of the International Criminal Court and
the statutes of the ad hoc international criminal tribunals. Moreover, the United Nations
Security Council, in its resolution 1820 (2008), noted that rape and other forms of
sexual violence can constitute a war crime, a crime against humanity, or a constitutive
act with respect to genocide.
3. Advising Governments and parliaments
According to the Paris Principles, NHRIs have a general responsibility to advise
Government, parliament and other authorities by giving “opinions, recommendations,
proposals and reports”. Some States do not use the term “parliament”, but it is used
here to refer to the national legislature.
The Paris Principles state that NHRIs may give advice either on request or on their own
initiative “without higher referral”. They must be free to publicize their advice without restraint and with appropriate immunities. This advice provides a vital and current
source of policy and legal information on a range of human rights issues. National human rights institutions can foster dialogue and facilitate cooperation with Governments
and parliament: these are all important in creating a strong culture of human rights in
the country.
A specific and important part of this advice concerns the ratification of international
instruments, the removal of reservations and the incorporation of rights into domestic
legislation.28
4. Cooperation and coordination
Cooperation and coordination are requirements of the Paris Principles as well as practical
necessities. According to the International Coordinating Committee’s Sub-Committee
See, e.g., Association for the Prevention of Torture, APF, OHCHR, Preventing Torture: An Operational
Guide for National Human Rights Institutions (2010).
28
E.g., Human Rights Committee, general comment No. 31 (2004) on the nature of the general legal
obligation imposed on States parties to the Covenant, para. 15.
27
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