responsibilities of the Commission. The providing of necessary suggestions to
the government regarding prison reform, effective implementation of
international treaties and conventions related to human rights, and submission of
reports are the duties falling under this Division.
2.3.3. Duties, Responsibilities and Rights of the Commission
Article 9 (1) of the Human Rights Commission Act states that the main responsibility of the
Commission is the protection and promotion of human rights. The Commission undertakes its
inquiries and investigations on the basis of any kind of information it has received about human
rights violations or about negligence from any concerned individual, institution or agency
regarding the preventing of human rights violations. Such investigations can be undertaken by
the Commission itself, or it can assign the responsibility to an individual or an agency. The
Commission, after receiving the report of the investigation, decides upon the case. If considered
necessary by the Commission, it also carries out public hearings of the cases.
While taking action upon the complaints, requests and reports within its jurisdiction, Article 11
(1) has given the Commission rights similar to those of a law court to act under the prevailing
laws. The Commission, among other things, may summon any person to appear before the
Commission, listen to witnesses, order the presentation of documents, ask from any government
or public office or court for any document for its copy, receive evidence, carry out or cause to
be carried out on the spot observations, ask for the presentation of evidence and carry out or
cause to be carried out searches when necessary.
In addition, the Commission has the right to investigate into cases sub-judice in the court with
the latter’s permission, encourage the activities and efforts of human rights organizations in the
non-governmental sector, evaluate the prevailing human rights situation in the country, give
suggestions to the government regarding the reports to be sent by the country in accordance
with the international human rights instruments, and to engage in any other activities it deems
necessary or appropriate for the propagation, promotion and protection of human rights.
The Commission also has the right to give necessary suggestions to the government regarding
the reforms to be carried out in the functioning, physical facilities, etc. of the various
institutions of the government following visits, observations of the institutions concerned, give
necessary recommendations for effective implementation of measures related to human rights
protection following their re-evaluation, carry out studies of international human rights
instruments and give necessary and appropriate recommendations for the effective
implementation of measures concerned, carry out and cause to be carried out researches into the
various areas of human rights and to increase public awareness by the propagation of human
rights education through seminars, conferences, workshops, meetings, media and publications.
2.3.4 Matters outside the Jurisdiction of the Commission
Article 10 of the Human Rights Commission Act (1997) states that the following subjects
remain outside the jurisdiction of the Commission and the Commission cannot enquire into or
carry out any other activities regarding such subjects.
(a)
Matters under the Jurisdiction of the Military Act.