“The 2007 enabling law of the CNCDH sets out the composition of the Commission, which is further clarified in Article 4 of Decree 2007-1137. Article 5 of Decree 2007-1137 indicates that members of the Commission are appointed by the Prime Minister following a consultation with the Independent Advisory Committee composed of the three highest magistrates of the country (Conseil d’Etat, Cour de cassation, Cour des comptes).

The CNCDH reported that, in practice, the selection process is initiated by the CNCDH, through an open call for nomination published six months before the end of tenure of the Commission. Further, it reported that the call for nominations clarifies the criteria, process outlined in law, and role of the Independent Advisory Committee to guarantee the pluralism and independence of the NHRI. 

The SCA considers that the selection and appointment process currently formalised in the Decree does not include requirements to:

The SCA notes the information provided by the Institution that it has advocated for amendments to the Decree to formalise the open call for applications. The SCA recommends that the CNCDH continue to advocate for the formalisation of a clear, transparent and participatory selection and appointment process of the NHRI’s decision-making body in relevant legislation, regulations or binding administrative guidelines, as appropriate.

A process that promotes merit-based selection is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI. The SCA encourages the CNCDH to consider policy and/or administrative options which would formalise the guidance to nominating entities on the selection process and the requirements of the Paris Principles.

Further, the SCA encourages the CNCDH to advocate for the clarification of the overall role of the Advisory Committee in the enabling legislation.

The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.”