“The SCA notes that the NHRCM enabling legislation does not specifically empower the NHRCM to recruit its own staff. Rather, in accordance with Article 29 of the Law, the NHRCM staff members shall be civil administrative servants. The NHRCM reports that staff members are recruited in accordance with the Law on Civil Service and selected by the Public Service Council.

The SCA continues to stress that NHRIs should be legislatively empowered to determine their own staffing structure, and the skills required to fulfil the institution’s mandate, to set other appropriate criteria such as diversity, and to select their staff in accordance with national law.

The SCA highlights that this requirement should not be seen to limit the capacity of an NHRI to hire a public servant with the requisite skills and experience, and indeed acknowledges that there may be certain positions within an NHRI where such skills are particularly relevant. However, the recruitment process for such positions should always be open to all, clear, transparent, merit-based and at the sole discretion of the NHRI. Such a process promotes the independence and effectiveness of, and public confidence in, the NHRI. The SCA encourages the NHRCM to advocate for changes to its enabling law to allow it to recruit its own staff.”