The SCA notes the efforts undertaken by the CNDH on issues related to the rights of children, gender-based violence and clarification of its position in support of the abolition of the death penalty. In this regard, the SCA notes that the CNDH’s most recent statement calls for the ratification of the Second Optional Protocol, although it does not explicitly indicate that such ratification should be without reservations. However, the SCA is concerned that the CNDH has not adequately communicated its positions publicly on the majority of pressing human rights issues in a manner that enhances the institution’s visibility and credibility. The SCA further notes that the CNDH has not provided information on conducting public inquiries into systemic human rights violations. 

Further, the CNDH did not provide sufficient information on how it addresses human rights violations, particularly regarding its actions taken in cases regarding trafficking for sexual exploitation, threats against human rights defenders, summary executions by armed groups, and violations of the rights of internally displaced persons. As indicated during its 44th Session, the SCA regrets the inability of the CNDH to provide disaggregated data on its work on the cited issues. 

The SCA reminds the CNDH that an NHRI should conduct itself with a heightened level of vigilance and independence and continue to promote and ensure respect for human rights, democratic principles and rule of law (including by making timely public statements) at times of difficult security context. 

The SCA also notes that the enabling law of the CNDH is not clear on its ability to conduct unannounced visits to places of deprivation of liberty and continues to face, in practice, obstacles in enjoying unfettered access to all places of deprivation of liberty. 

Therefore, the SCA reiterates its previous recommendation to the CNDH to further take proactive efforts in the protection and promotion of all human rights. This should particularly include conducting public inquiries and development of systematic data collection in order to enhance transparency, effectiveness and outreach of its work. 

The SCA further recommends that the CNDH advocate for amendments to its law to provide it with an explicit mandate to conduct unannounced visits to places of deprivation of liberty. 

The SCA refers to Paris Principles A.1, A.2, and A.3 and its General Observation 1.2 on ‘Human rights mandate.’ 

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