PART TWO: CONTENT OF COMPREHENSIVE ANTI-DISCRIMINATION LAW
(p) perform such other functions as may be prescribed by the Constitution and any other written
law.
Section 9 of the Act provides that “the Commission shall consist of a chairperson and four other
members”. Requirements for membership of the Commission, and procedures for the appointment,
tenure and removal of members and staff, are set out in sections 10–23.
PART TWO – IV
The general powers of the Commission are established under section 26 of the Act, while section 27
confers certain court powers upon the Commission to aid in the discharge of its mandate. Together,
these provisions permit the Commission broad powers of adjudication and the right to issue summonses,
require statements under oath, obtain reports, enter into premises (with the permission of the court),
conduct interviews, carry out audits, hold hearings and compel the attendance of individuals. The
investigatory powers of the Commission are detailed under section 28 of the Act and include powers to
“summon and enforce the attendance of any person for examination” and to requisition and compel
the production of documents.
The Commission possesses a (non-binding) decision-making function. Under section 32 of the Act,
persons who have experienced discrimination (or, in certain circumstances, persons acting with their
consent and on their behalf) may lodge official complaints. Subject to the limitation of jurisdiction detailed
in section 30 and exceptions to the rule established under section 34, the Commission will investigate the
complaint and take one of a number of actions detailed under section 41. This includes recommending
“to the complainant a course of … judicial redress” and – in cases disclosing a breach of the criminal
law – referring the matter to the Director of Public Prosecutions or other relevant authority.
Under section 29 (2) of the Act, the Commission is required to “resolve any matter brought before it
by conciliation, mediation or negotiation”. Where this does not result in a resolution of the case, the
Commission may also issue a report and address recommendations to the person, body or organization
responsible for the act of discrimination. The details of this procedure are set out under section 42
of the Act. The report of the Commission must set out “the findings of the investigation and any
recommendations made”, including recommendations for remedial action to address the harm caused.
The Commission may require the relevant actor to produce a report detailing the steps taken to implement
its recommendations and – in the event of non-compliance – may submit a report to Parliament.
1. Promotion and prevention
The promotion of equality and prevention of discrimination forms a central and defining function of all equality
bodies. In its guidance, the European Commission against Racism and Intolerance highlights 15 specific
competences equality bodies should possess in order to effectively carry out this function.766
PROMOTION AND PREVENTION
According to the European Commission Against Racism and Intolerance, the promotion and prevention
function of equality bodies should include the competences to:
a. Promote and achieve equality, prevent and eliminate discrimination and intolerance, and
promote diversity and good relations between the different groups in society.
b. Build a continuous dialogue with groups experiencing discrimination and intolerance and their
representative organisations, and with organisations working more generally on human rights
and equality issues.
c. Conduct inquiries on their own initiative into all matters falling under their mandate, addressing
both individual and structural discrimination, and make and publish recommendations.
d. Conduct and commission research on any issue falling under their mandate.
766
Council of Europe, European Commission against Racism and Intolerance, “ECRI general policy recommendation No. 2”, para. 13.
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