The enabling law is not explicit on the requirement for the publication of the call for applications for members by their respective designating entities. In practice, each entity responsible for the designation of members does so according to their own modalities. 

The SCA notes that five out of the seven designating entities are from the Executive.

While noting the response provided by the CNDH during the interview that the ongoing selection is, in practice, in conformity with all the steps required by the Paris Principles, the SCA continues to hold the view that the process, as currently enshrined in the enabling law, is not sufficiently broad and transparent, for all designating entities.

The SCA also remains concerned about the high number of Executive bodies in charge of nominating human rights experts, which may impact on the actual and perceived independence of the CNDH. 

The SCA urges the CNDH to advocate for the necessary amendments to its legal frameworks to introduce additional safeguards to prevent the designation of Human rights experts by the Executive. Where government representatives are designated, they should not be involved in deliberations and strategic decisions.

The SCA reiterates its 2020 recommendation for the Council to advocate for the formalization and application of a process that includes requirements to publicize vacancies broadly; promote broad consultation and assess applicants on the basis of pre-determined, objective, and publicly available criteria, including in all entities responsible for appointing members.

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