“The SCA is of the view that the draft Law, in its current version, partially addresses its previous concerns with respect to the selection and appointment process of the Protector. However, the SCA remains concerned that the new process would not be fully participatory.

The SCA also emphasises that a clear, transparent, and participatory selection and appointment process for membership of the NHRI’s decision-making body must be included 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 encourages the PCRS to continue to advocate for the formalization and application of a 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; and

d) Assess applicants on the basis of pre-determined, objective and publicly available criteria.”