At its 44th session in October 2024, the SCA noted that the NCHR enabling law does not expressly mandate the encouragement of ratification of international instruments.
The SCA notes that Article 14(1) of the amendment bill vests the NCHR with the authority to encourage State ratification of and accession to international and regional human rights conventions and protocols. The NCHR notes that it monitors the implementation of recommendations from international human rights mechanisms and encourages ratification of treaties, giving the example of calling for the ratification of OPCAT. The NCHR is also advocating for amendment of its enabling law to explicitly include this function.
The SCA is of the view that the provision on encouraging ratification in the current draft amendment bill, if passed, would address the previously stated concerns. The SCA therefore encourages the NCHR to continue to advocate for the passage of the amendments noting that encouraging ratification of or accession to international human rights instruments, is a key function of an NHRI.
The SCA refers to General Observations 1.2 on ‘Human rights mandate’ and 1.3 on ‘Encouraging ratification or accession to international human rights instruments’.
