“The SCA notes that Article 43.5 of the National Finance Act empowers the Minister of Economy and Finance to adjust the quarterly budget allocation plan or take measures to withhold the execution of any budget allocated for proper management of financial balance of revenue and expenditure, and efficient control of execution of budgetary activities, etc. The SCA acknowledges that the independence of the NHRCK is highlighted in the draft amendment to the Act, which is currently before the National Assembly, to ensure its independence vis-à-vis the National Finance Act.
The SCA notes that the classification of an NHRI as an independent State agency has important implications for the regulation of certain practices, including reporting, recruitment, funding, and accounting. Where a State has developed uniform rules or regulations to ensure State agencies are properly accountable for the use of public funds, the application of such rules or regulations on an NHRI is not considered inappropriate provided they do not compromise the NHRI’s ability to perform its role independently and effectively.
The SCA acknowledges the amendments proposed by the NHRCK to its enabling law and encourages it to continue to advocate for their adoption by parliament.”