Summary of Stakeholder Consultations on the Designation of A

Summary of Stakeholder Consultations on the Designation of a National Preventive Mechanism in Rwanda 15-17 March 2016 Kigali, Rwanda.

1. Background Between 15 and 17 March 2016 two stakeholder consultations were held on the implementation of the OPCAT in Rwanda as part of a project funded by the UK Foreign and Commonwealth Office. These consultations built on momentum generated by earlier consultations in December 2015 where a number of options for NPM models were discussed and core principles for a functioning NPM were identified. This initial consultation also identified a number of action points including:  The need for sensitization campaigns about the OPCAT and mandate of NPMs.

 Discussions with all stakeholders involved in the establishment and implementation of the NPM should also be continued.

 Other countries that have set up NPMs should be consulted in order to obtain information and identify good practice towards creating effective and credible NPMs. For example a ‘study visit’ to a country with an NPM should be organized and conducted.

 A document showing existing NPM models and how they can ‘fit’ the Rwandan context should be drafted/distributed.  The process of elaborating the law establishing the NPM should be expedited.

Accordingly these two stakeholder consultations were aimed at moving forward on these action points and supporting the Ministry of Justice and the National Commission on Human Rights in their efforts to complete the designation process for the NPM. The first consultation took place on 15 March 2016 and was aimed at raising awareness among civil society organisations of the OPCAT and the preventive mandate of NPMs. The second consultation took place between 16 and 17 March 2016 and involved broader consultations with key stakeholders to take forward a number of the action points outlined above that were identified in December 2015. Both consultations had a strong capacity building element as it was recognised from the stakeholder consultation in December 2015 that there was a need to increase awareness and understanding among a range of stakeholders of the nature of the obligations under the OPCAT and scope of the NPM preventive mandate. 2. Summary of civil society consultation A one day civil society consultation was organised to raise awareness of the OPCAT and the process for designating an NPM among civil society organisations. The roundtable brought together 16 representatives from key CSOs to discuss the requirements for NPMs to carry out their preventive mandate and possible options for the designation of an NPM in Rwanda. A number of key issues and questions emerged from the discussions on the implementation of OPCAT in practice such as: how to ensure functional independence of NPMs in practice; what should be the role of CSOs in relation to NPMs, i.e. can/should they be part of it or play an advisory support?; and can/should an NPM have a role in addressing violence committed by non-State actors in the community? These discussions culminated in the identification of a number of advocacy strategies and issues to focus on in relation to the implementation of OPCAT including: 1. Creating a network for CSOs to build on these discussions and exchange information and develop advocacy strategies on the implementation of the OPCAT; 2. Ensuring that CSOs are consulted in the process of designating an NPM; 3. Promoting the appropriate composition of the NPM in order to ensure the members have the required capabilities and professional knowledge. 4. Creating ways in which NGOs and CBOs get information about OPCAT, the NPM and other protective mechanisms across to communities. These civil society organizations must work together to get the same message across in an understandable way, into accessible language and formats (pamphlets and videos) and in local languages. 5. NGOs and CBOs should to work together in promoting and supporting the formulation of the NPM. 6. NGOs and CBOs should to work together in a collective and a constructive manner to monitor the NPM (and other protective and complaints mechanisms). 7. Ensuring that civil society organisations are both a part of and can engage with the NPM (and other protective and complaints mechanisms). Promote inclusiveness and participation. 8. Discussing the development of tools and strategies to take this forward. Particularly in relation to whom these strategies are targeted at, including the NPM, the Rwanda Human Rights Commission as well as participate in reporting to the UN. 9. Community dialogues should go before engaging government institutions. Advocacy strategies are about knowing your own contexts and understanding what you want to change. 10. Taking cognizance of the fact that it is often assumed that international norms/instruments are easily understood in this context or that one is engaging with people and institutions that are ‘on the same page’ of understanding. The dialogue needs to be based on common assumptions and built from there. From the local, to the national, to the international. It needs to start from the basis of this context and not from the basis of international norms. 3. Summary of two day stakeholder consultation

On 16 and 17 March 2016 a two day stakeholder consultation took place involving representatives from government, the national human rights commission, law enforcement and penitentiary services, and civil society. The consultation had the following main objectives: a) to draft an awareness raising brochure on OPCAT and NPM; b) to discuss key elements that should be in a NPM law; and c) to prepare terms of reference for a study visit to Mauritius to consider good practice and challenges for the designation of an NPM.

In relation to the first aim, the first day was focused on the development of a brochure that could be used in broader consultations and sensitisation activities on the OPCAT. This was designed to assist sensitization campaigns about the OPCAT and mandate of NPMs which was identified as a priority in the consultation in December 2015. Working in groups the participants developed key elements that should be included in the brochure and through feedback and discussion this session also helped to further participants’ understanding of the obligations in the OPCAT and the mandate of the NPM. At the end of the discussions an outline of a brochure was developed to be made into a draft brochure for further refinement before publication.

The second day was focused on assisting the NPM designation process by elaborating further the core principles for the NPM mandate that were identified in the consultation in December 2015. The second day also enabled participants to provide input into a study visit to Mauritius to see first-hand how NPMs function and to obtain information on opportunities and challenges for the operation of the NPM mandate in practice.

In relation to the development of the NPM law, 15 key principles had been identified during discussions in December 2015. Drawing on examples of NPM laws from the region participants further elaborated on these core principles and identified requirements for the establishment of NPMs and the elements that are needed in order to have an effective law in practice. The end result was an outline of an NPM law with draft provisions setting out the core principles for the NPM to function.

Lastly, the workshop enabled participants to discuss preparations for the study visit to see how the NPM in Mauritius functions in practice. The idea for this study visit was raised at the consultation in December and the visit is being organised by the APT with the Ministry of Justice and the National Human Rights Commission. Discussions on the study visit enabled participants to develop questions for the study visit team to ask and identify key information to gather that would help to inform the decision-making process for the designation of an NPM in Rwanda. March 2016