A/HRC/13/29
is also consulting with regions and communities with a view to designating the mechanisms
and the structure of the framework at national and local levels.41
59.
Based on the particular constitutional structure and other political and geographic
considerations in a State, the independent mechanism of a federal State could arguably be
either a unified federal body, or a system with multiple bodies. Furthermore, designation
could come from either the federal government and/or the devolved administration within
the limits of its territorial jurisdiction and competence. In all cases, it should be
remembered that ultimate responsibility for the implementation of the treaty lies at State
party level. While acknowledging the differences between the conventions, the experiences
of some decentralized States in establishing or designating national preventive mechanisms
under the Optional Protocol of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment could be a useful reference for exploring suitable
approaches in the implementation of article 33.42
60.
Article 33, paragraph 2, appears also to allow States to designate multiple
mechanisms by thematic divisions of responsibility, so that, “conceivably, a plurality of
such mechanisms might be engaged depending on the function to be performed”.43 In
Northern Ireland, the Equality Commission and the Human Rights Commission have been
jointly designated as mechanisms in the framework.44 On the one hand, it is clear that the
scope of the Convention goes beyond anti-discrimination; on the other, the experience of
the Equality Commission in terms of promotion and enforcement of anti-discrimination law
on the grounds of disability appears central to the effective implementation of the
promotion, protection and monitoring mandate assigned to the framework.
61.
As noted in some submissions, a range of other entities could also play a significant
role in the context of the framework, beside the central role played by the national human
rights institution. The submission of New Zealand, by way of example, highlights the role
of the Health and Disability Commissioner, the Ombudsman, the Children’s Commissioner
and the Mental Health Commission.45
4.
Protect, promote and monitor implementation
62.
Besides taking into account the Paris Principle in the status and functioning of the
independent mechanism, the monitoring framework needs also to be equipped with a
mandate adequate to effectively perform its functions under the Convention.
63.
Although the heading of article 33 uses the term monitoring, it is important to note
that paragraph 2 actually refers to States establishing a framework to “promote, protect and
monitor” implementation of the Convention and its Optional Protocol. An examination of
the activities that can be considered to fall under these three general headings can help
States parties in deciding the organizational structure of the framework and in highlighting
opportunities for institutional strengthening.
64.
Promotion of the implementation of the Convention includes a broad range of
activities. These activities should include not only awareness-raising activities such as the
ones highlighted in article 8 of the Convention, but also express a more strategic
41
42
43
44
45
14
See http://www2.ohchr.org/english/issues/disability/docs/Belgium_260809.doc.
See for reference Association for the Prevention of Torture Guide to the Establishment and
Designation of National Preventive Mechanisms, available at http://www.apt.ch/index2.php?
option=com_docman&task=doc_view&gid=102&Itemid=59.
See footnote 26, page 129.
See http://www2.ohchr.org/english/issues/disability/docs/UnitedKingdom061009.doc.
See http://www2.ohchr.org/english/issues/disability/docs/NewZealand.doc.
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