“In accordance with article 3 of the Law, the CNDH is composed of nine (9) members selected from association of judges, lawyers, human rights organisations, women’s rights associations, trade unions, academics, peasants’ organisations and National Assembly. In accordance with article 4 of the Law, members are appointed by decree of the Council of Ministers.
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;
– establish clear and uniform criteria upon which all parties assess the merit of eligible applicants; and
– specify the process for achieving broad consultation and/or participation in the application, careening, selection and appointment process.
The SCA further notes that providing for different nominating entities to select members may result in different entities using different processes for selection. The SCA is of the view that these processes should be standardized across all nominating entities.
The SCA encourages the CNDH to advocate for the formalization and application of a standardized process that includes requirements to:
a) Publicize vacancies broadly;
b) Maximize the number of potential candidates from a wide range of societal groups and educational qualifications;
c) Promote broad consultation and / or participation in the application, screening, selection and appointment process;
d) Assess applicants on the basis of pre-determined, objective and publicly-available criteria; and
e) Select members to serve in their individual capacity rather than on behalf of the organization they represent.”