The SCA notes that the Law does not explicitly protect deputies, representatives or advisors of the Commissioner from both criminal and civil liability for acts undertaken in good faith in their official capacity. 

The SCA is of the view that members and staff of an NHRI should be provided with protections for acts undertaken in good faith in their official capacity, which serve to enhance the NHRI’s ability to engage in critical analysis and commentary on human rights issues, safeguard the independence of senior leadership, and promote public confidence in the NHRI. 

The SCA recommends that the UPCHR advocate for amendment of the enabling law to explicitly provide functional immunity for the deputies, representatives and advisors of the Commissioner and for UPCHR 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’.