“Information before the SCA is that the NCHR requires clearance from the office of the Prime Minister before undertaking foreign travel for official engagements. The NCHR notes that such clearance applies to all public officials for purposes of accountability and prudent use of public funds. The NCHR added that it has not been denied authorisation since 2023. The NCHR does not deem it necessary to lift such provision for the NHRI as the requirement applies to all public officials.

Whilst public officials in all jurisdictions will have similar provisions for the exercise of their duties, the SCA is of the view that NHRIs must prioritise independence from the State in the implementation of their mandate. Therefore, the SCA is concerned that such requirement for clearance prior to foreign travel impacts the real or perceived independence of NCHR and compromises its compliance with the Paris Principles.

The SCA recommends that the NCHR advocates for the removal of the requirement for clearance prior to foreign travel for official engagement. The SCA refers to Paris Principles B.2. and its General Observation 2.7 on ‘Administrative regulations of NHRIs’.”