The SCA notes that all public officials, including the NCHR, are required to obtain clearance from the office of the Prime Minister before undertaking foreign travel for official engagements. The NCHR reports that, in practice, following engagement with the Office of the Prime Minister, the Chairperson of NCHR approves the travel of all commissioners. However, the Chairperson’s foreign travels and annual leave continue to be approved by the Prime Minister. 

Article 33 of the draft Law, currently before Parliament, empowers the Chairperson to approve the foreign travel of commissioners and staff and grant annual leave to the commissioners of the Commission. The Law is silent on the approval of the Chairperson’s travel and leave. 

The SCA welcomes the proposed amendment to the Law providing the approval of foreign travel for commissioners. However, the SCA remains concerned that the approval of the Chairperson’s travel and annual leave continues to be approved by the Prime Minister and is not included in the proposed amendment. The authority of the Prime Minister to grant clearance for the Chairperson’s travel and annual leave impacts the real or perceived independence of NCHR and compromises its compliance with the Paris Principles. 

The SCA highlights that where a state has developed uniform rules or regulations to ensure state agencies are properly accountable, such regulation should not extend to requiring an NHRI to seek government approval prior to carrying out its legislatively mandated activities, since this may compromise its independence and autonomy. The issue of one-up travel approval has been dealt with by other A status NHRIs without resorting to sign off from the Executive. 

The SCA reiterates that NHRIs must prioritise independence from the State in the implementation of their mandate and therefore recommends that the NCHR continue to advocate for amendment to the Law to guarantee its independence from the Prime Minister relative to foreign travel and annual leave. 

The SCA refers to Paris Principles B.2. and to its General Observation 2.7 on ‘Administrative regulations of NHRIs’. 

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