“The SCA notes that Article 6 of the enabling Law provides immunity for the Commissioner and that the HRCA interprets this provision as the basis for the functional immunity of the staff of the HRCA when they implement ombudsman activities.

 The SCA further notes that the Law provides immunity for members of the National Preventive Group. External parties may seek to influence the independent operation of an NHRI by initiating, or by threatening to initiate, legal proceedings against a member of the decision-making body or a staff member of the NHRI. For this reason, NHRI legislation should include provisions to protect members and staff from legal liability for acts undertaken in good faith in their official capacity. Such protections serve to enhance the NHRI ability to engage in critical analysis and commentary on human rights issues, safeguard the independence, and promote public confidence in the NHRI.

 The SCA encourages the HRCA to advocate for the enabling Law to explicitly provide functional immunity for staff of the HRCA.

The SCA refers to Paris Principle B.3 and to its General Observation 2.3 on ‘Protection from criminal and civil liability for official actions and decisions undertaken in good faith’.”