“The CBDH reports that, in practice, each designating entity elects the members during their respective general assembly. However, the SCA is of the view that the process currently enshrined in the Law is not sufficiently broad and transparent. In particular, it does not:
- require the advertisement of vacancies for members;
- establish clear and uniform criteria;
- ensure that such criteria are uniformly used to assess the merit of eligible applicants; and
- promote broad consultation and/or participation in the application, screening, selection, and appointment process for all members.
Further, the SCA is of the view that providing for the different entities to select members according to their respective rules of procedure may result in each designating entity using different selection processes. The SCA recommends a consistent, transparent, merit-based, and broadly consultative selection process for all relevant entities.
It is critically important to ensure the formalization of a clear, transparent, and participatory selection and appointment process for an NHRI’s decision-making body in relevant legislation, regulations, or binding administrative guidelines, as appropriate. A process that promotes merit-based selection and ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI.”
The SCA encourages the CBDH to advocate for the formalization and application of a uniform process that includes requirements to:
- Publicize vacancies broadly;
- Maximize the number of potential candidates from a wide range of societal groups and educational qualifications;
- Promote broad consultation and/ or participation in the application, screening, selection and appointment process;
- Assess applicants on the basis of pre-determined, objective and publicly-available criteria; and e) Select members to serve in their individual capacity rather than on behalf of the organization they represent.