According to Article 6 of the Law, the Council is composed of members who are appointed by various entities. The SCA is of the view that the process as currently enshrined in the Law is not sufficiently broad and transparent.

The INDH notes that, in practice, the selection process of Councillors carried out by the Congress and of the Senate is public, that the two candidates from which the President selects and appoints come from different regions of the country to guarantee pluralism, that the process followed by the Law Schools is publicized, and that a wide range of civil society organizations participate in the selection process of the four members they appoint. However, the SCA is of the view that the provision for the different entities to select members according to their respective rules of procedure may result in using different selection processes which are not all sufficiently clear, transparent, merit-based and participatory.

It is therefore 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 binding administrative guidelines, as appropriate. Such processes must allow the NHRI to be independent from government in its structure, composition, decision-making, method of operation and free from political interference.

The SCA encourages the INDH to advocate for the formalization and application of a uniform

process applicable to all entities involved in appointment procedures, 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.

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’.