“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.

Additionally, the SCA notes that the enabling law does not provide the HRDA with an explicit mandate to encourage ratification of, or accession to regional and international human rights instruments.

The SCA is of the view that encouraging ratification of, or accession to regional and international human rights instruments, and the monitoring of the effective implementation of those instruments to which the state is a party, is a key function of an NHRI. While acknowledging that the HRDA carries out such functions in practice, the SCA encourages it to advocate for the appropriate amendments to its enabling law in order to have an explicit mandate to encourage ratification or accession to regional and international human rights instruments.

Finally, the SCA encourages the HRDA to strengthen the implementation of its anti-discrimination mandate, in particular regarding LGBTI and women’s rights.”