The NCHR decision-making body includes political representatives and members of political parties. Additionally, the current enabling law of the NCHR does not include a provision on conflict of interest. The SCA noted these concerns in its 44th session indicating the potential of undermining the NCHR’s independence.

The SCA notes the response of the NCHR that it has adopted a Code of Conduct to prevent members with political affiliation from participating in decision making. The SCA also notes that the draft amendment provides for termination of membership based on conflict of interest with the role of a member.

The SCA is of the view that the requirement for membership to the NCHR as included in the current draft amendments excluding the Executive or partisan influence (Article 3(2)(iii)), if passed in its current form, and the newly adopted code of conduct would address concerns regarding political representatives and conflict of interest.

The SCA encourages the NCHR to continue advocating for the passage of an amendment that would ensure political representatives are not members of the Council and continue to enforce clear rules which prevent political representatives from voting and protect against actual or perceived conflict of interest – to safeguard the independence and reputation of the institution Such provisions seek to avoid any possible interference in the NHRI’s assessment of the human rights situation in the State and the subsequent determination of its strategic priorities.

The SCA refers to General Observations 1.9 on ´Political representatives on NHRIs’ and 2.2 on ‘Full-time members of an NHRI.’