“The CNDH reports that, in practice, the call for applications is made public by the Secretary of State at the Ministry of Justice and Human Rights and posted on the websites of CNDH and the network of NGOs. In addition, it reports that each designating entity elects the members during their respective general assembly.
However, the SCA is of the view that the process currently enshrined in the Law is not sufficiently broad and transparent. In particular, it does not:
- require the advertisement of vacancies for members;
- establish clear and uniform criteria;
- ensure that such criteria are uniformly used to assess the merit of eligible applicants;
- promote broad consultation and/or participation in the application, screening, selection, and appointment process for all members.
Further, the SCA is of the view that providing for the different entities to select members according to their respective rules of procedure may result using different selection processes, while a consistent, transparent, merit-based and broadly consultative selection process should be used across all of the entities.
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.”