“Article 2(2) of the amended Law provides that the stakeholders designating the Commission’s members shall select the appropriate persons with transparency and in accordance with their rules of operation. It further provides that members of the Commission shall be persons with proven knowledge and experience in the field of protection and promotion of human rights. 

The SCA continues to be of the view that the process enshrined in the enabling law is not sufficiently broad and transparent. In particular, it does not specify the process for achieving broad consultation and/ or participation in the application, screening, selection and appointment process. 

The SCA further notes that providing for different stakeholders to select members according to their rules of operation may result in different entities using different processes for selection. The SCA continues to be of the view that these processes should be standardized across all nominating entities. 

A clear, transparent and participatory selection and appointment process for the selection of members must be included 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 reiterates its May 2016 recommendations and encourages the GNCHR to continue its efforts to advocate for the formalization of a detailed process in its enabling law 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 and selection 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.”