“The SCA welcomes the HRCA advocacy for changes to the selection and appointment procedure on the need for a timely renewal of the Commissioner in order to avoid a long transitional incumbency at the head of the institution. In particular, it notes the amendment to Article 4.3 of the Law which now provides that the President of the Republic of Azerbaijan presents three candidates to the Parliament for the election of a new Commissioner thirty days prior to the expiration of the incumbent Commissioner’s term. However, the criteria for shortlisting the three candidates by the President of the Republic are not explicit in the Law.

The SCA notes that Article 3 of the Law outlines requirements for the position of the Ombudsperson. The HRCA reported that it has undertaken advocacy for clarity in the criteria by which the President selects the candidates, and for transparency of the process.

 The SCA is of the view that key concerns regarding the selection and appointment of the Commissioner remain unaddressed. In March 2017 and in May 2018 the SCA noted that “In accordance with article 2(1) of the Law, the Ombudsperson is elected by an 83 votes majority of the Parliament from among three (3) candidates proposed by the President.

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; and – specify the process for achieving broad consultation and/or participation in the application, screening, selection and appointment process.” The SCA is of the view that it is critically important to ensure the formalisation of a clear, transparent, and participatory selection and appointment process of the NHRI decisionmaking 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 HRCA to continue to advocate for the formalization and application 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; and d) Assess applicants on the basis of pre-determined, objective and publicly-available criteria. The selection and appointment should be under the control of an independent and credible body and involve open and fair consultation with NGOs and civil society.

 The assessment of applicants on the basis of pre-determined, objective and publicly available criteria promotes the merit-based appointment of candidates, limits the capacity for undue interference in the selection process, and serves to ensure the appropriate management and effectiveness of the NHRI.

The SCA encourages the HRCA to continue to advocate for appropriate amendments to its enabling law to ensure that the selection and appointment process is sufficiently transparent and participatory. 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’”