Pursuant to Article 7 of the Law, application for the positions of commissioners is open to all qualified candidates. While the CNDH highlights that some of its members are from civil society organisations, the SCA notes that the current selection process does not provide for the formalisation of the role and participation of civil society.

A participatory selection process is fundamental in ensuring the independence and effectiveness of, and public confidence in, the NHRI. For this reason, the SCA deems important that the selection process be characterized by openness and transparency. The process should include open and fair consultation with NGOs and civil society. Not only is this a means of developing a good relationship with these bodies, but consideration of the expertise and experience of NGOs and civil society is likely to result in an NHRI with greater public legitimacy.

The SCA recommends that the CNDH advocates for the amendment of its enabling law to ensure the formal participation of civil society organizations in the selection process.

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’.”