The SCA, at its 44th session in October 2024, noted that the presence of the Minister of Justice as head of the institution since September 2023, does not distinguish the IHCHR from the Executive and that such a structure does not allow the IHCHR to be independent from the government in its decision-making and methods of operation.

At its 46th session in October 2025, the SCA notes that the Minister of Justice continues to administratively lead the IHCHR. According to the IHCHR, the Minister of Justice is only responsible for overseeing the administrative and financial affairs and that the IHCHR continues to implement its mandate in an independent manner from the Government.

The SCA further notes that the Prime Minister appointed a Human Rights Adviser to the IHCHR in November 2024 outside the organic structure and rules of staff recruitment of the IHCHR. The IHCHR reports that the appointment of the Human Rights adviser was based on the request of the individual and not solely by the Prime Minister.

Noting the importance of maintaining an effective relationship with government, the SCA highlights that such a relationship should be void of government representatives participating in the IHCHR decision-making body. The SCA also highlights that for the IHCHR to operate independently of government, the recruitment of its staff, including the hiring of public servants with specific skills, must be done in an open, clear, transparent, merit-based manner at the sole discretion of the IHCHR.

The SCA therefore restates its previous recommendation calling on the IHCHR to ensure that government officials should not be members of, nor participate in, the decision-making organs. Additionally, the SCA recommends that the recruitment of staff should be done exclusively in the purview of the IHCHR in an open, transparent and merit-based manner.

The SCA refers to Paris Principles B.1, B.2, B.3 and C(a), and to its General Observations 1.1 on ‘The establishment of NHRIs’, 1.9 on ‘Political representatives on NHRIs’ and 2.4 on ‘Recruitment and retention of NHRI staff’.

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