“In accordance with Article 13(A) of the National Centre for Human Rights Law No. (51) (the Law), the JNCHR shall be supervised by a Board of Trustees of no more than 21 members. The Chairperson and members of the Board are appointed by Royal Decree at the recommendation of the Prime Minister, and the Prime Minister shall take into consideration any proposals submitted by representatives of civil society. The SCA acknowledges that, in addition to the mandatory consultation with the Chairperson, the JNCHR reports that, in practice, the Prime Minister conducts intensive talks and broad consultation with a diverse range of stakeholders while preparing the list of candidates for appointment by the King.
The SCA reiterates its previous recommendation made in November 2016 and remains of the view that the current process is not sufficiently broad and transparent.
In particular, it does not:
- require the advertisement of vacancies; and
- promote broad consultation and / or participation in the application, screening, selection and appointment process.
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 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 the JNCHR to advocate for the formalization and application of a process that includes requirements to:
- Publicize vacancies broadly;
- Maximize the number of potential candidates from a wide range of societal groups and educational qualifications;
- Assess applicants on the basis of pre-determined, objective and publicly-available criteria; and d) Select members to serve in their individual capacity rather than on behalf of the organization they represent.“