“The SCA, in its second session of 2023, noted that the NCHR is made-up of political representatives and members of political parties in its decision-making body. The NCHR indicated that the presence of politicians within its decision-making body is a demonstration of the pluralistic representation of the Egyptian society within the NCHR. The SCA also noted that the selection and appointment process does not require the publication of vacancies nor uniform selection criteria for the NCHR membership.

The SCA notes information provided by the NCHR in writing and during the interview indicating that it operates independently and that it has become a safe haven for human rights defenders.

The NCHR referred to its selection and appointment process as evidence of its independence, stating that Parliament declares the vacancies and invites civil society organizations to present candidates before making the selection. The SCA is of the view that the presence of political representatives within the membership of the NCHR does not ensure the NCHR’s independence, including the determination of the strategic and human rights priorities in the country without political interference.

The SCA notes that the NCHR does not conduct unannounced visits to places of detention and requires approval from Parliament before receiving external funding. The NCHR reported that its notification before visits to places of deprivation of liberty is made the same day of the visit; and that Parliament’s approval for external funding is done immediately upon request. The SCA is of the opinion that the inability of the NCHR to conduct unannounced visits and have free access to inspect and examine any public premises, without prior notice, and to make recommendations and subsequent follow-ups, undermines its ability to independently implement its mandate to promote and protect human rights. The SCA notes that NHRIs should not be required to obtain approval from the State for external sources of funding, as this requirement may detract from its independence. To function effectively, a national human rights institution must be provided with an appropriate level of funding in order to guarantee its independence and its ability to freely determine its priorities and activities.

The NCHR reported that it is in the process of drafting amendments to its legislative framework, to ensure that the institution is in line with the Paris Principles. The SCA notes that the NCHR referred to these amendments during its second session of 2023, but there appears to have been no further progress.

The NCHR stated that no members of its decision-making body have faced criminal or civil prosecution for official actions and decisions undertaken in good faith; and that the prosecution of the NCHR former member was not related to her functions with the NCHR. The SCA noted the continued prosecution of the NCHR former member and human rights defender, but the NCHR did not provide any further comment on the situation.

The SCA further notes initiatives by the national authorities of Egypt to engage members of the SCA relative to the accreditation process of the NCHR through their respective country representations. The SCA emphasizes that NHRIs must maintain their independence.

The SCA recommends the NCHR takes proactive measures to demonstrate that it is able to operate independent of government interference, both in practice and in law, including by advocating for amendments to its law to ensure that political party representatives are not members of the decision-making body. Amendments to the enabling law should include: provision for functional immunity; the ability to conduct unannounced visits to places of deprivation of liberty; removing the requirement for Parliament’s prior approval to receive external funding; and ensuring that the selection and appointment process is conducted in a manner that is clear, transparent, participatory, and promotes merit-based selection to ensure pluralism and guarantee the independence of, and public confidence in, the senior leadership of the NCHR.

The SCA refers to Paris Principles and its General Observations 1.2 on ‘Human rights mandate’, 1.6 on ‘Recommendations by NHRIs’, 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’, 1.9 on Political representatives on NHRIs’, 1.10 on Adequate funding of NHRIs’ and 2.3 on ‘Protection from criminal and civil liability for official actions and decisions undertaken in good faith’.”