Articles 15 and 16 of the enabling law of the CNDH refer to incompatibility measures related to the role of the Chairperson and other members. However, these provisions of the enabling law are not explicit on whether the mandate is to be exercised on a full-time basis, nor do they specify how many of the 27 members are required to serve full-time.

The SCA notes the CNDH’s response, indicating that the law does not require full-time membership, given the diverse professional backgrounds of its members. The CNDH further clarified that, in practice, only the Chairperson and staff members operate on a full-time basis.

The SCA considers that the enabling legislation of the NHRI should provide that members of its decision-making body to include full-time members. This ensures a stable tenure for the members, freedom of the NHRI from actual or perceived conflict of interests, and the effective fulfillment of the NHRI’s functions.

The SCA encourages the CNDH to advocate for an amendment of its law to ensure that its decision-making body includes full-time members with voting rights.

The SCA refers to Paris Principle B.3 and to its General Observation 2.2 on ‘Full-time members of an NHRI’.