“The OPC has not provided information on measures taken to implement recommendations of the SCA of 2019 calling upon the OPC to advocate for amendments to its enabling law to allow the institution to address human rights violations resulting from the acts and omissions of private entities.
Further, the SCA notes that the enabling law does not provide for an explicit mandate to conduct unannounced visits to places of deprivation of liberty. Whilst the OPC states that, in practice, it carries out visits to those places on a daily basis, the OPC did not provide any data regarding these visits.
The SCA is of the view that an NHRI mandate should be interpreted in a broad and purposive manner to promote a progressive definition of human rights.
Specifically, the mandate should:
- cover the acts and omissions of both the public and private sectors;
- include the ability to conduct unannounced and free access to inspect and examine any public premises, documents, equipment, and assets without prior written notice.
The SCA therefore reiterates its previous recommendations of 2019 on the legal extension of its powers and recommends that the OPC continue to advocate for appropriate amendments to its Law to provide it with an explicit mandate to conduct unannounced visit to places of deprivation of liberty.
The SCA refers to Paris Principles A.1, A.2, and to its General Observation 1.2 on ‘Human rights mandate’.”