“The SCA notes that Article 24 of the Law provides functional immunity for members of the NCHR but not for the staff. The SCA is of the view that, NHRI legislation should include provisions to protect members and staff from legal liability for acts undertaken in good faith in their official capacity. Such protections enhance the NHRI’s ability to engage in critical analysis and commentary on human rights issues, safeguard the independence of the NHRI, and promote public confidence in the NHRI.

The SCA recommends that the NCHR advocate for the enabling law to explicitly provide functional immunity for its staff.

The SCA refers to Paris Principle B.3 and to its General Observation 2.3 on ‘Protection from criminal and civil liability for official actions and decisions undertaken in good faith’.”