A/HRC/30/20
mandated to contribute to the prevention of violations,38 and to investigate complaints and
undertake conciliation, mediation and settlement, as well as analyse root causes of
violations and recommend remedial action to prevent recurrence. Their contribution to
indirect prevention may be strengthened when they are mandated to consider the
government policy underlying the issue. Some NHRIs are also able to make representations
in court about the State’s obligations under international human rights law.39
18.
NHRIs also contribute to direct preventive measures through on-site visits and
investigations in places where persons are deprived of their liberty,40 and some are
designated as national preventive mechanisms (NPMs) under the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment. Developing a “culture” of monitoring through regular, unannounced
inspections and independent, effective and timely complaints systems, is key to profound
behavioural and institutional change.41 Inspections may look at systemic problems as well
as individual situations, and result in timely public reporting of findings and
recommendations. Reports may include a requirement that those who are inspected produce
an action plan within a specified time period, that includes whether recommendations are
accepted in whole, in part or rejected, and the action taken or planned in response. In turn,
this plan can be monitored by the inspecting body, and forms the basis for the next
inspection. In this way, action, monitoring and follow-up are built in to a regular, ongoing
system.
Role of civil society
19.
The provision of a protective and enabling environment in law and practice for civil
society is also an important element for prevention. This includes a conducive legal,
institutional and administrative framework; access to justice and an end to impunity for
violations against defenders; strong and independent NHRIs; effective protection policies
and mechanisms paying attention to groups at risk; specific attention to women defenders;
non-State actors that respect and support the work of defenders; safe and open access to
international human rights bodies; and a strong and dynamic community of defenders.42
Reprisals for communicating with national, regional and international human rights
mechanisms should also be prohibited.43
20.
Indeed, civil society has a vital role to play in the prevention of human rights
violations.44 They assist in identifying issues of concern, monitoring and advising on laws,
policies and practices of States and private actors, bringing their grassroots contacts and
expertise on issues to bear in all these respects. Civil society 45 also engages in human rights
education and training, including helping to change perceptions about groups and issues.
38
39
40
41
42
43
44
45
8
Response by Commission Nationale des Droits de la Personne, Rwanda. Some NHRIs are also
nominated as the independent authority under art. 33, Convention on the Rights of Persons with
Disabilities.
Response by the Human Rights Commission of Malaysia.
Response by the Comision Nacional de los Derechos Humanos Mexico.
Response by Her Majesty’s Inspectorate of Prisons.
Report of the Special Rapporteur on the situation of human rights defenders, Elements of a safe and
enabling environment for human rights defenders (A/HRC/25/55). See also “Civil Society Space and
The United Nations Human Rights System” (OHCHR, 2014); General Assembly resolution 53/144,
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote
and Protect Universally Recognized Human Rights and Fundamental Freedoms.
See recommendations in A/HRC/28/63; Policy of the Subcommittee on Prevention of Torture on
reprisals in relation to its visiting mandate.
Response by Trinidad and Tobago.
Response by Cuba.
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