“While acknowledging that the HRDA reports that, in practice, vacancies are advertised, the process is broad and transparent, and civil society is able to participate in the screening and selection process, this practice is not explicitly enshrined in law, regulation or in another binding administrative guideline.
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 another binding administrative guideline, 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.
In March 2014, the SCA noted that the Commissioner and Deputy Commissioners of the CHRAJ are appointed by the President of the country, in consultation with the Council of State through a process that is not clearly stipulated in the law. The Council of State is an advisory body that does not currently include members of civil society.”