Article 3(6) of the NCHR enabling law provides that it is empowered to receive and examine complaints in the field of human rights protection, referring them to the competent authorities if it deems that necessary, following them up or advising the concerned persons of the relevant legal procedures, and assisting in reaching a resolution with the competent authorities.
The SCA notes that while the NCHR, in practice, receives or accepts complaints, these complaints are not investigated but rather forwarded to the relevant government entity. The SCA is of the view that where NHRIs are provided with the mandate to receive complaints, such complaints should be handled fairly, speedily and effectively through processes which are readily accessible to the public.
Noting that the draft law does not explicitly permit the NCHR to investigate and handle complaints in keeping with the considerations of the General Observations, the SCA recommends that the NCHR advocate for the amendment of its law to include:
- – the full authority to investigate complaints received against public and private bodies;
- – the ability to protect complainants and witnesses from retaliation;
- – the power to seek enforcement of its decisions on complaints in the courts;
- – the ability to follow up and monitor the implementation of its decisions on complaints; and
- – the ability to refer its findings to government in situations where a complaint provides evidence of a widespread or systematic violation of human rights.
The SCA refers to its General Observation 2.9 on ‘The quasi-judicial competency of NHRIs mandate’.