NHRC seeks authority to directly probe allegations against law enforcers
In one of its proposals, the commission asked the legislative division to take steps for the “abolition of Section 18 of the NHRC Act to allow the commission jurisdiction of direct investigation against law enforcement agencies”
The National Human Rights Commission (NHRC) has proposed amendments to the NHRC Act 2009, aiming to empower the commission with the authority to directly investigate allegations against law enforcement agencies.
The proposal, submitted to the Legislative and Parliamentary Affairs Division, also seeks to expand the selection committee responsible for appointing NHRC chairpersons and commissioners.
The decision to submit the amendment request was taken at the 111th meeting of the 6th NHRC on 1 October, according to a media statement issued today (12 November).
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Following the resignation of all members, including the chairman, of the 6th NHRC on 7 October, Secretary Sebastin Rema forwarded the proposals to the Legislative Division in line with decisions from the earlier meeting.
The amendments aim to align the NHRC's role with the Paris Principles, which set standards for national institutions protecting and promoting human rights.
Key proposals for amendment
One primary amendment proposed by the NHRC involves the removal of Section 18 of the NHRC Act to grant the commission jurisdiction for direct investigation into allegations against law enforcement agencies.
Currently, Section 18, titled "The procedure to be followed in case of disciplined force," restricts the NHRC from directly investigating law enforcement personnel.
Instead, the commission may request a report from the government regarding alleged human rights violations involving the disciplined forces and, upon satisfaction, may refrain from further pursuing the matter.
In cases where the NHRC considers it necessary to recommend action, it may do so to the government.
Section 18 also requires the government to provide a written response to the commission within six months, detailing any action taken.
Additionally, the NHRC proposes increasing the number of members on the selection committee responsible for appointing its chairperson and commissioners.
The recommendation suggests amending Section 7(1) to expand the committee from seven to nine members, including a High Court judge nominated by the Chief Justice and a civil society representative appointed by the Speaker of Parliament.
The commission further seeks authority to issue bailable arrest warrants for summoned individuals who fail to appear, to ensure accountability in its inquiries.
