The SCA, during its second session of 2023, noted third-party submissions alleging concerns about the NCHR effectiveness in dealing with serious human rights violations, including torture, enforced disappearances, conditions of detention and detainees, the situation of human rights defenders, fair trial rights and due process, as well as freedom of expression, peaceful assembly, and association. The NCHR reported that it undertakes various actions to address serious human rights issues in Egypt, including fact-finding missions, hearings to investigate human rights violations, election monitoring, prison visits, and monitoring of various government detention facilities. The SCA encouraged the NCHR to address all violations of human rights and to undertake effective follow-up, so that the State is encouraged to make the necessary changes to ensure that human rights are protected and that its positions on these issues are made publicly available.

The SCA notes the information provided by the NCHR orally and in writing indicating that it addresses human rights issues including right to physical integrity, enforcement of judgements, abuse of power, disability rights, right to education, right to health, labour rights, and issues related to public services and facilities. The SCA considers that the NCHR did not provide detailed information on the type of complaints, or the categories of human rights violations handled. The SCA deems the information provided by the NCHR insufficient to demonstrate independent implementation of its full mandate to monitor, promote, and protect the rights of everyone including human rights defenders.

Based on the NCHR written and oral response to the issues raised by the SCA as well as allegations from third parties, the SCA is of the view that the NHRC has not effectively engaged on and publicly addressed all human rights issues including allegations of torture, arrests of protesters/civil society actors, and extra-judicial killings.

The NCHR also reported that it addresses human rights violations through elections monitoring, advocacy for the ratification of OPCAT, and amendment to the criminal code to eliminate judicial resort to capital punishment as well as efforts to minimize deprivation of liberty. The NCHR further reported that it called on the State to review legislation restricting the death penalty to the minimum possible. The SCA recommends that the NCHR should promote and ensure respect for all human rights, democratic principles and the strengthening of the rule of law in all circumstances, and without exception.

The SCA notes that the NCHR engages with civil society institutions within the country and the diaspora that are willing to engage; as well as conducting engagement with civil society to protect civic space. The SCA highlights that the NCHR should hold regular and constructive engagement with human rights defenders and civil society organizations as an essential means to fulfil its mandate effectively.

The SCA recommends the NCHR strengthen its efforts to address all human rights issues, including those noted above, as well as continuing to advocate for the explicit mandate to conduct unannounced visits to all places of detention. The SCA further encourages the NCHR to ensure that its positions on these issues are made publicly available, as this will contribute to strengthening the credibility and accessibility of the institution for all people in Egypt.

The SCA further reiterates its recommendation calling on the NCHR to address all violations of human rights and to ensure effective follow-up so that the State makes the necessary changes to ensure that human rights are clearly protected and that it should be more effective when monitoring the extent to which public authorities follow their advice and recommendations.

The SCA refers to Paris Principles A.1, A.2, A.3, and D(d) and its General Observations 1.2 on ‘Human rights mandate’, 1.5 on ‘Cooperation with other human rights bodies’ and 1.6 on ‘Recommendations by NHRIs’.