“In accordance with article 83(1) of the Law, the members of Komnas HAM are selected by the House of Representatives based on the recommendation of Komnas HAM and validated by the President. The SCA notes that, in accordance with article 86 of the Law, Komnas HAM has issued Regulation 3/2016 on the Establishment of a Selection Committee for Komnas HAM Members. However, the SCA notes that this process is applicable only to the 2017-2022 selection process and is not a permanent addition to Komnas HAM’s regulatory framework.
The SCA emphasizes that 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 encourages Komnas HAM to advocate for the formalization and application of a permanent 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.”