Power to visit all places of deprivation of liberty – NHRIs should have authority
to make regular visits to all places of detention, at times of their choosing,
preferably with minimal notice. Their powers should be those foreseen for
national preventive mechanisms in the Optional Protocol to the Convention
against Torture. Visits should be comprehensive (encompassing all categories
of persons deprived of their liberty, including those detained under an
administrative order, and all areas of a detention facility) and be repeated, so
that inspectors can evaluate progress over time.
Mandate to monitor ESC rights and civil and political rights – NHRIs should
have within their purview all universally protected human rights, without order
or hierarchy.
Authority to monitor human rights compliance by private and public bodies –
Although their mandate in relation to individual complaints may be limited,
institutions should monitor the activities of all relevant public and private
bodies, including businesses and individuals, that may have an impact on the
enjoyment of human rights.
Monitoring the performance of relevant authorities – No public entity should
be excluded from the monitoring function of national institutions. In particular,
law enforcement agencies, such as the police, army, intelligence services and
other security services, should be subject to the institution’s scrutiny.
Authority to initiate and publish inquiries – Public inquiries into specific human
rights issues fall within the general monitoring function of national institutions.
Such inquiries entail not only monitoring, but also public hearings of witnesses
and the release of public reports containing recommendations for action to the
relevant authorities. NHRIs that conduct such inquiries find them invaluable to
secure official action and raise public awareness of particular human rights
issues.
C. Monitoring and advising on compliance with international standards
and co-operating with regional and international bodies
NHRIs should not submit reports to international bodies on behalf of government
– The advice national institutions give to government on their human rights
obligations overlaps with their monitoring function. They should not prepare
government reports to international human rights mechanisms, such as treatymonitoring bodies. They are not government departments and should only
advise and review draft official reports.
Production of parallel reports on compliance with treaty obligations – NHRIs
co-operate with international mechanisms, including treaty bodies and special
procedures of the Commission on Human Rights, to monitor the extent to which
governments comply with their human rights obligations. They may produce
parallel reports based on their own information and attend hearings.
Part IV of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman
and Degrading Treatment or Punishment (General Assembly resolution 57/199 (2002)
www.ohchr.org/english/law/cat-one.htm).
Assessing the Effectiveness of National Human Rights Institutions 19
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