“The SCA, in previous sessions called upon the NHRC to advocate for amendments to the PHRA to remove the capacity for the Government to make a senior civil servant available for the position of Secretary General, and to empower the NHRC to independently recruit candidates for the position. The SCA also acknowledged that the current Secretary General who was appointed in June 2023 was a retired civil servant and not a civil servant in post. The SCA acknowledged the responses of the NHRC indicating that the arrangements provided the necessary expertise and that the Secretary General works under the full control of the NHRC.

At the SCA 45^th session in March 2025, the NHRC reiterated in writing and interview that the requirement to have the Secretary General as a high-ranking official is necessary to ensure the effective functioning of the complaints function of the NHRC as the NHRC call for reports from both state and central governments thereby necessitating the presence of a senior officer of the rank of Secretary to the Government.

The SCA, noting the responses provided by the NHRC and the actions taken thus far, including advocating for amendments to its enabling law, further notes that the PHRA remains unamended providing for Central Government to make available a senior official for appointment as Secretary General. 

The SCA reemphasizes that a fundamental requirement of the Paris Principles is that an NHRI is, and is perceived to be, able to operate independent of government interference. Where an NHRI members are seconded from the public service, and where this includes those at the highest level in the NHRI, it raises question about its capacity to function fully independently’.  

The SCA, restating its previous concerns that the provisions of Section 11 of the PHRA have a real impact on the perceived independence of the NHRI, recommends the NHRC to continue advocating for amendments to the PHRA to remove the capacity for the Government to make a senior civil servant available for the position of Secretary General, and to empower the NHRC to independently recruit candidates for the position.  

The SCA refers to Paris Principle B.2 and to its General Observation 2.4 on ‘Recruitment and retention of NHRI staff.’”