“Article 14 paragraph 3 of the Law empowers the CNDH to hire its own staff. The current staff complement of the CNDH contains 16,66 % secondees, including four senior positions. The CNDH further notes that two secondees will retire soon and will not be replaced by other secondees.

A fundamental requirement of the Paris Principles is that an NHRI is, and is perceived to be, able to operate independent of government interference. Where an NHRI’s members are seconded from the public service, and in particular where this includes those at the highest level in the NHRI, it raises question about its perceived capacity to function independently. 

The SCA recommends that the CNDH advocates for the full exercise of its power to directly hire its own staff including for senior positions. The SCA recommends that the CNDH be given resources in such a manner as to permit the employment and retention of staff with the requisite qualifications and experience to fulfil the NHRI’s mandate. Additionally, such resources should allow for salary levels, terms and conditions of employment applicable to the staff of the NHRI to be equivalent to those of similarly independent State agencies and members of the public service undertaking similar work and with similar qualifications and responsibilities.

The SCA refers to Paris Principle B.2 and to its General Observation 2.4 on ‘Recruitment and retention of NHRI staff’.”