ANNUAL REPORT 2011
to strengthen their recommendations. And we hope to be able to use NGOs as conduits for
complaints, and to strengthen monitoring work already being undertaken with the NHRC’s legal
powers. The Commission’s function of inspecting places of detention, for example, can open
doors that have hitherto been closed to NGOs. Similarly, when undertaking inquiries the
Commission has powers to summon witnesses and examine them on oath. These official
powers go well beyond what NGOs or other civil society actors are able to do.
We recognise that often much more progress can be made on the human rights front by
focussing on systematic change. The National Human Rights Commission Act 2009 does
empower the Commission to inquire into complaints of human rights violations from individuals
affected and others complaining on their behalf. We are already receiving a regular flow of
complaints and will pursue these as effectively as we can. However, securing changes in the
system change can affect very large numbers of people. Wherever possible we will work to
achieve large-scale changes affecting groups of our constituents.
Since the first Commission was established by ordinance during the period of the caretaker
government, efforts have been made to secure an adequate budget, accessible premises and an
effective secretariat. These initiatives have continued since the appointment of current
commissioners, but a number of difficulties remain. Although we are currently housed in a
building in Lalmatia, this will need to be vacated shortly and we need to locate more secure
accommodation. Some funds have been made available from the state budget but these are far
from adequate and will need to be increased substantially if we are to become an effective
institution. Similarly, the staff currently allocated to the Commission fall short by a substantial
margin in numbers and capacity for what we require to fulfil our role. We need to give priority to
overcoming these hurdles.
Key Strategies:
Ÿ Cooperate with others in the human rights field – with state agencies and civil society alike
Ÿ Add value to what is already being done by stakeholders
Ÿ Focus on systemic change
Ÿ Identify and resolve road blocks to acting independently – for example, our current
inability to secure own budget, staff etc
5. Pressing Human Rights Issues
The NHRC’s mandate is extremely broad – it has to act across the full range of human rights set
out in the Constitution and ratified international human rights instruments. These include both
civil and political rights as well as economic, social and cultural rights. It is clear however that the
NHRC will be unable to address every human rights issue at once – it will need to prioritise. This
is not to rank any particular human right as more important than another. Rather it recognises
that the Commission, particularly in its early period, will be under severe capacity constraints
and will be able to focus initially on a limited range of issues.
The Commission will decide on its initial priorities only after consultation with its stakeholders,
particularly civil society. For the purpose of generation discussion, a number of pressing human
rights issues have been identified in the list that follows:
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