A/HRC/18/24
explanatory comments, and the respondents were encouraged to provide details of their
policies, programmes and projects to promote and protect human rights.
6.
From the trends shown in the responses and particular comments from respondents,
one can draw general conclusions about the core issues and capacity needs in relation to
both institutional characteristics (such as legal framework, mandate and budget) and
performance (such as resource allocation, working methods and relationships). A brief
summary of the results showed that:
(a)
A large majority of respondents have laws, policies and programmes in place
to prevent human rights violations. However, the implementation of these mechanisms is
still a challenge in most States;
(b)
A number of respondents are carrying out activities relating to human rights
education and research. However, many indicated a lack of capacity and resources to do so;
(c)
Most respondents recognized the need to improve engagement with
vulnerable groups and minorities.
C.
Workshop
7.
Building on the findings from the questionnaire, on 20 May 2011 OHCHR held a
workshop exploring the question of prevention in the context of the promotion and
protection of human rights. It was structured around two sessions, one focusing on civil and
political rights and the other on economic and social rights, to allow for the findings
relating to structural issues from the questionnaire to be explored in more detail. The case
studies, which were presented from the perspectives of the State, the NHRI and the NGO
community, focused on the prevention of torture and ill-treatment and the prevention of
human rights violations related to human trafficking and migration, with regard to the
discrimination component in particular. The workshop was attended by a range of actors,
including States, NHRIs and NGOs. The agenda of the workshop is contained in annex IV.
8.
The morning session focused on understanding the concept of prevention as it
related to torture and other ill-treatment, with panellists emphasizing the role of the State in
developing and participating in formal structures to address torture and ill-treatment.
Central to this discussion was the exploration of the effectiveness of the Optional Protocol
to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, with the New Zealand NHRI describing how being the designated national
preventive mechanism had worked in practice. All panellists agreed that an essential
component to prevention was understanding the underlying reasons why the human rights
violation occurred, and addressing them. In the case of torture and ill-treatment, it was
argued that the structural areas that were most important to prevention were the legal
frameworks, the political context, the organization and efficiency of the criminal justice
system, and the independence of the judiciary. It was also noted that any situation that
featured a total imbalance of power, such as during the initial period of arrest, police
custody or transfers between places of detention, also carried a higher risk for torture and
ill-treatment. In order to prevent cases of torture and ill-treatment, States must examine
those areas and ensure that they are functioning in a transparent and open manner. In terms
of creating mechanisms to support prevention, panellists recognized the value of the
Optional Protocol as a formal mechanism at the international level to assist States with
developing and ensuring compliance with the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment. It was recognized that a central
component of the success of the Optional Protocol was that it was a voluntary mechanism
that acted to support States to achieve greater compliance. A further success of the Optional
Protocol as a prevention mechanism was that it acted across areas such as access to places
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