“The mandate provided to the HRDA in articles 191(1) of the Constitution, 2(1) of the law and chapter 5 of the law is primarily protective in nature, and does not contain an explicit responsibility to promote human rights.

While acknowledging that the HRDA interprets its mandate in a broad manner, the SCA encourages it to advocate for appropriate amendments to make its promotion mandate explicit.

Further, the mandate of the HRDA is limited to public entities and does not extend to acts or omissions of the private sector.

The HRDA reports that its jurisdiction extends to private sector entities operating in the field of public service where there is information about mass violations of human rights or freedoms, or if it is of public importance or is related to the protection of interests of persons who cannot benefit from legal remedies for protection of their rights and freedoms on their own. However, the SCA emphasizes that the mandate of an NHRI should extend to the acts and omissions of both the public and private sectors.”