The SCA notes that Section 13(6) provides that the Minister shall agree with the Public Appointments Service the selection criteria and process to be implemented in respect of the filling of any vacancy in the Commission. While Section 13 of the Act provides certain requirements for the selection and appointment process, including the requirements to ensure diversity and pluralism and the publicizing of the vacancies, the law is silent on a permanent selection criteria and process. Moreover, the process currently enshrined in law is not sufficiently broad and transparent. In particular, it does not: 

Promote broad consultation and/or participation in the application, screening, selection, and appointment process, particularly by civil society; and 

Assess applicants on the basis of pre-determined and objective criteria. 

The SCA notes that in follow up to its 2021 recommendation, the IHREC has provided a formal briefing on the international standards for selection and appointment as well as the recommendation addressed to IHREC in this regard, to the Public Appointments Service, to support compliance. 

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. 

The SCA reiterates its 2021 recommendation and encourages the IHREC to advocate for the formalization and application of a process that ensures broad participation of civil society in the selection and appointment process and the assessment of applicants on the basis of pre-determined and objective criteria. 

The SCA refers to Paris Principles B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs.’