“The SCA notes that while Section 23 of the enabling law empowers CHRAJ to enter any premises occupied by a department, an authority or a person at any time to carry out investigation, it is not mandated to conduct unannounced visits. The CHRAJ informs that since 2021, it has been designated as the NPM and has conducted several visits. However, the CHRAJ notes that this NPM mandate has not been formally included in its enabling law and it has therefore introduced amendments to be tabled before Parliament for the explicit vesting of this mandate to the Commission.

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, which includes all rights set out in international, regional, and domestic instruments, including economic, social, and cultural rights. Specifically, the mandate should include the mandate to authorize 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 2014 and 2019 and recommends that the CHRAJ continues 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 and the express mandate to execute its powers. 

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