“Section 5 of the Act of 22 May 2015 establishing the NNHRI (the Act provides that members of the NNHRI Board and the Director are elected by Parliament. Section 2 of the NNHRI Regulation (Regulation) stipulates that the Parliament shall actively inform the public about the possibility to nominate candidates. In addition, Section 7 of the Act provides that the Director is appointed by Parliament through an external announcement and based on the recommendation of the Parliament´s Presidency. The SCA acknowledges information received from the NNHRI that civil society groups have been active in the process of selection and appointment of members of the Board and the Director.
However, the SCA notes that the current law is not explicit on the process of selection and appointment, including the requirements to publicize vacancies and civil society participation. The SCA notes that the NNHRI is advocating for amendments to the enabling law to explicitly provide for civil society participation.
The SCA emphasizes that 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 an ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI.
The SCA recommends the NNHRI to continue to advocate for the formalization and application of a process that includes promote broad consultation and/or participation in the application, screening, selection and appointment process.”