“In accordance with section 3 (1) of the Commissioner for Administration Law (the enabling law), the President, upon recommendation of the Council of Ministers and with the prior consent of the majority of the House of Representatives, appoints the Commissioner for Administration and Human Rights. The SCA acknowledges the information provided by the CAHR that the safeguards for the selection and appointment of the Commissioner are stronger if compared to other independent public functions.
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;
– 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.
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 CAHR to advocate for the formalization of a process that includes requirements to:
a) Publicize vacancies broadly;
b) Maximize the number of potential candidates from a wide range of societal groups and educational qualifications;
c) Promote broad consultation and / or participation in the application, screening, selection and appointment process;
d) 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.”