“In accordance with article 37 of the Law, CNDH members are appointed in such a way as to ensure different aspects of diversity and pluralism. The SCA notes that, in practice, vacancies of the eight members nominated by the Parliament are publicly advertised in the Parliament’s Official Gazette and on its website.
However, the SCA is of the view that the process currently enshrined in the law is not sufficiently broad and transparent and does not formalise the participation of civil society. In particular, it does not:
– require the advertisement of vacancies;
– establish clear and uniform criteria upon which all parties assess the merit of eligible applicants; and
– promote broad consultation and / or participation in the application, screening, selection and appointment process.
According to article 36 of the Law, the composition of the CNDH consists of a President; a Secretary General; Presidents of the regional human rights commissions; and twenty-seven members, of which nine are appointed by His Majesty the King; two members nominated by the Superior Council of Ouléma, eight members appointed by the Head of Government; eight members appointed by the Speakers of both Houses of Parliament; and two members representing the Mediating Institution and the Moroccan Community Council abroad.
The SCA is of the view that providing for the different entities to select members according to their respective rules of procedure may result in each designating entity using different selection processes.
The SCA recommends that the CNDH advocates for the formalization of a consistent, transparent, merit based and broadly consultative selection process for all relevant entities.
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’.”