Establishing a National Preventive Mechanism (NPM):
A Workshop on OPCAT Implementation in the Philippines


     A workshop centered on the establishment of an effective national preventive mechanism in line with the Philippines’ adoption of the Optional Protocol to the Convention against Torture (OPCAT) was held last October 23-24, 2008. One hundred eight (108) participants from the government, members of Congress, civil society organisations, independent institutions and international actors all partook actively and contributed to the various discussions. Notably, members of the OPCAT Regional Working Group, representatives from the Asia Pacific Forum, the OHCR Cambodia and New Zealand’s NHRI were also present and made very valuable contributions to the workshop.

     The international organizers of the workshop were the Rehabilitation and Research Centre for Torture Victims (RCT), the Association for the Prevention of Torture (APT) and the Asia Pacific Forum (APF) complemented the local organizers and secretariat – BALAY Rehabilitation Center, Inc. and the Commission on Humn Rights in the Philippines (CHRP).

     The two day program consisted of various inputs related to various considerations on the design of an effective NPM/s in specific contexts; the work of domestic visiting mechanisms; putting forward results of previously held discussions on the NPM design; government efforts on preventing torture; experiences on establishing NPMs; efforts to put OPCAT in place; and a workshop on reconciling various concerns related to the establishment of the most suitable NPM/s in the Philippines.

     The objectives of the event were met in terms of the following:

1. Provide an introduction to the Optional Protocol to the UN Convention against Torture (OPCAT) and its key concepts to all relevant stakeholders and foster appreciation of the positive effects of detention monitoring visits;

2. Create a common understanding of opportunities and challenges among key stakeholders of existing domestic visiting mechanisms in the Philippines;

3. Formulate an action plan to strengthen existing Domestic Visiting Mechanisms in the Philippines;

4. Define a “road map” towards ratification and effective implementation of the OPCAT in the Philippines.

     After the opening ceremonies on the first day, 28 members of the media sector, TV, radio and print were entertained by Executive Secretary Eduardo Ermita who was the keynote speaker of the workshop, together with the CHRP Chairperson, representatives of the RCT, APT, APF and BALAY’s Chairperson. The Executive Secretary announced in public the government’s intent to defer the implementation of the OPCAT for three years, a prerogative granted by the treaty to state parties under its 24th article. The workshop proceeded bearing the announcement as a premise.

     Many ideas had been put forward and specific requirements and preparatory tasks for the creation of the NPM were identified. Soft guidelines were collectively established and recommendations were noted by the secretariat. The body also decided to set up a Philippine OPCAT Working Group (POWG) that will undertake the necessary initial work as part of a process in preparation for the establishment. BALAY was requested to work together with the Department of Interior and Local Government (DILG) to convene the members of the POWG. The RCT and APT offered their assistance in realizing the formation of the POWG.

     The substantive results generated by the workshop are to be put together in a book of recommendations on establishing national preventive mechanism/s in the Philippines to be published by CHRP and BALAY.

     On the whole, the workshop was recognized to be a successful multi-lateral undertaking that took steps toward putting in place this important instrument.

     After the successful event, the media continued to print and broadcast segments related to the right not to be tortured, the rights of persons deprived of their liberty, tackled prison reforms and information about the OPCAT. The day after the press conference on the 24th of October, nearly all national broadsheets and tabloids has published articles about the event. All government TV stations and the two largest independent TV stations in the Philippines aired coverage of the workshop on the 23rd of October 2008.