“The SCA notes NHRC’s efforts to recruit its own staff freely. However, the NHRC reports that 70% of its staff in charge of administrative and financial tasks are secondees including in high level position such as the NHRC Secretary as per Section 5(1) of the Act.

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’s staff members are seconded from the public service, and in particular where this includes those at the highest level in the NHRI, it brings into question the capacity of the NHRI to function independently. NHRIs should be legislatively empowered to determine the staffing structure, the skills required to fulfil the Institution’s mandate, set other appropriate criteria, and select their staff in accordance with national law.”