“Section 5 of the HRCSL Act provides that ‘[a]ny member who vacates his office, otherwise than by removal under Section 4, shall be eligible for re-appointment’, although it is silent on the number of times a member can be reappointed, which leaves open the possibility of unlimited tenure.

The SCA acknowledges information from the HRCSL that in practice the members serve a maximum of two terms. An appropriate minimum term of appointment is crucial in promoting the independence of the membership of the NHRI, and to ensure the continuity of its programs and services. As a proven practice, the SCA encourages that a term of between 3 and 7 years with an option to renew once be provided for in the NHRI’s enabling legislation.

The SCA recommends that the HRCSL advocates for amendments to its enabling legislation to provide for the term of office of its members to be limited to one re-appointment.

The SCA refers to Paris Principle B.3 and to its General Observation 2.2 on ‘Full-time members of an NHRI’.”