“The CNDH confirms that around 30% of staff are secondees due to the limited resources preventing the institution from freely being able to advertise and select staff independently. A fundamental requirement of the Paris Principles is that an NHRI is, and is perceived to be, able to operate independent of government interference. The SCA highlights that this requirement should not be seen to limit the capacity of an NHRI to hire a public servant with the requisite skills and experience and indeed acknowledges that there may be certain positions within an NHRI where such skills are particularly relevant. However, the recruitment process for such positions should always be open to all, clear, transparent, merit-based, and at the sole discretion of the NHRI.
The SCA acknowledges that the CNDH is seeking to recruit its staff members, including the Secretary General, independently upon an increase in its funding.
NHRIs must be provided with sufficient resources to permit the employment and retention of staff with the requisite qualifications and experience to fulfil the NHRI’s mandate. Such resources should allow for salary levels, and terms and conditions of employment, equivalent to those of other independent State agencies.
The SCA encourages the CNDH to advocate for adequate funding to be able to freely recruit and retain staff including at senior level in accordance with Article 26 of the Law and Article 85 of Internal Rules and Regulations.”