A new immunity provision is expected to strengthen the independence of staff at Rwanda’s National Commission for Human Rights (NCHR) by protecting them from legal action, arrest, search, or prosecution for opinions expressed or actions taken while carrying out official duties, according to analysts.

The safeguard is intended to enable staff to conduct sensitive human rights investigations and monitoring without fear of intimidation, pressure, or retaliation.

It applies strictly within the scope of the Commission’s mandate, in line with international standards for national human rights institutions.

On May 20, the Chamber of Deputies passed a new bill governing the National Commission for Human Rights, extending immunity protections previously reserved for Commissioners to include staff members.

ALSO READ: Human rights commission staff get immunity under new bill

The amendment aligns Rwanda’s legal framework with recommendations from the Global Alliance of National Human Rights Institutions (GANHRI), particularly those issued by its Sub-Committee on Accreditation during the Commission’s 2024 re-accreditation review.

Under the bill, staff members will benefit from immunity when acting in the performance of their duties or exercising the institution’s powers.

ALSO READ: Nine key takeaways from new human rights commission report

What the immunity means in practice

National Commission for Human Rights Chairperson Providence Umurungi said the change reflects operational realities within the institution.

"The immunity was extended to staff members of the National Commission for Human Rights because Commissioners are supported by staff in their work of protecting and promoting human rights and can also be represented by them. In this regard, staff also need protection,” Umurungi told The New Times.

Clarifying the scope of the immunity, she said staff members are protected from prosecution, search, arrest, detention, or trial for opinions expressed or acts carried out in the discharge of the Commission’s responsibilities.

She stressed that the protection applies only to official duties.

"The immunity is only applied in the discharge of responsibilities of the Commission,” she said.

According to Umurungi, the safeguard will strengthen investigations by allowing staff to independently examine alleged human rights violations without fear of reprisals.

"Once carrying the immunity card, staff can reach any place and collect documents without fear of reprisals by responsible authorities or perpetrators,” she said.

On accountability, Umurungi underscored that the immunity does not shield staff from personal wrongdoing.

"In case of misconduct, they can be arrested, prosecuted and tried,” she said.

Legal interpretation

Lawyer Joelle Kabagambe said the reform closes a legal gap and is intended to strengthen the independence of the Commission.

She described the immunity as functional rather than personal.

"This immunity is strictly functional, meaning that it only applies when Commissioners and staff members are carrying out their official duties,” she said.

Kabagambe noted that personal misconduct remains outside the scope of the protection.

She added that the key objective is to eliminate fear and interference during investigations.

"The main purpose of this immunity is therefore to guarantee the full independence of the Commission and to ensure that neither Commissioners nor staff members carry out their responsibilities in fear of intimidation, pressure, or retaliation arising from the execution of their official duties,” she said.

Compliance with global standards

MP Madina Ndangiza, Chairperson of the parliamentary Committee on Unity, Human Rights and Fight against Genocide, said the amendment follows GANHRI recommendations and brings Rwanda in line with international standards for national human rights institutions.

She said the protection is intended to guarantee institutional independence, particularly during field investigations such as visits to prisons, detention centres, and other facilities requiring human rights monitoring.

Because the immunity applies strictly in the performance of duties, she said staff cannot face civil, commercial, or criminal proceedings for actions taken within that context.

"This helps reinforce the Commission’s independence and freedom in carrying out its work. It can also be seen as further demonstrating that our country respects and implements decisions made by relevant institutions,” she said.

Staffing gaps at the Commission

The National Commission for Human Rights has an approved structure of seven Commissioners and 42 staff positions, but is currently operating with four Commissioners and 38 staff members.

According to the Commission’s leadership, the gaps stem from completed mandates and ongoing recruitment processes. Two Commissioners completed their terms, while one was elevated to the position of Vice Chairperson, creating additional vacancies.

On the staff side, some positions became vacant due to retirements and employees moving to other jobs. The vacancies are expected to be filled through ongoing recruitment efforts aimed at restoring the institution to full capacity.