The CNIDH reports that, in practice, the selection process is broad and transparent. In particular, an ad hoc committee composed of members elected by civil society is set up to elect members representing them.

However, the SCA is of the view that the process currently enshrined in the Law (with the exception of the civil society representatives) is not sufficiently broad and transparent. In particular, it does not: 

  • require the advertisement of vacancies;
  • establish clear and uniform criteria upon which all parties 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 rules of procedure may result in them using different processes for selection, and that a consistent, transparent, merit-based and broadly consultative selection process should be used across all of the entities.