“The SCA received third-party submission raising concerns about the NCHR effectiveness in dealing with serious human rights violations, including torture, enforced disappearances, conditions of detention and detainees, situation of human rights defenders, fair trial rights and due process, as well as freedom of expression, peaceful assembly, and association. The SCA notes that the NCHR reports undertaking various actions to address serious human rights issues in Egypt, including fact-finding missions, hearing sessions to investigate human rights violations, election monitoring, prison visits and monitoring of various government detention facilities.
While the SCA also notes the information provided by the NCHR relating to 3,000 complaints of human rights violations received and that these complaints are being addressed or referred to the relevant authorities, it does not have information on the type of complaints handled nor on the categories of rights violations.
The SCA encourages the NCHR to strengthen its efforts to raise public awareness on its mandate to protect human rights and address all human rights violations. The SCA emphasizes protection functions may be understood as those that address and seek to prevent actual human rights violations. Such functions include monitoring, inquiring, investigating, and reporting on human rights violations, and may include individual complaint handling.
The SCA is of the view that the information provided by the NCHR is not sufficient to demonstrate how it implements its full mandate to monitor, promote, and protect the rights of everyone including human rights defenders.
The SCA encourages 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. The SCA further encourages the NCHR to ensure that its positions on these issues are made publicly available, as this will contribute to the strengthening of the credibility and accessibility of the institution for all people in Egypt.
NHRIs are expected to promote and ensure respect for all human rights, democratic principles, and the strengthening of the rule of law in all circumstances, and without exception.
In fulfilling its protection mandate, an NHRI must not only monitor, investigate, and report on the human rights situation in the country, but it should also NHRIs should monitor the implementation of recommendations from annual and thematic reports, inquiries, and other complaint-handling processes. NHRIs would be more effective when provided with the authority to monitor the extent to which public authorities follow their advice and recommendations.
The SCA therefore urges the NCHR to strengthen its efforts to address all human rights violations. The SCA further urges the NCHR to ensure that its positions on these issues are publicly made available, as this will contribute to the credibility and accessibility of the institution for all people in Egypt.
The SCA refers to Paris Principles A.1, A.2, A.3, and D(d) and its General Observation 1.6 on ‘Recommendations by NHRIs’, 1.2 on ‘Human rights mandate’.’”