The SCA notes that the law does not explicitly stipulate that the decision-making body of the CNDH includes full-time members. The CNDH reported that the 3 members of the Bureau receive remuneration and are de facto full-time.

The SCA emphasizes that the enabling legislation of an NHRI should clearly provide for the inclusion of full-time, remunerated members within its decision-making body. This is essential to ensure stable tenure, safeguard the NHRI from actual or perceived conflicts of interest, and support the effective discharge of its mandate.

Further, the SCA notes that while the law and internal regulations of the CNDH contain provisions regarding the renewal process for its members whose six-year term is non- renewable, on 15 April 2025, a presidential decree extended the tenure of the CNDH members, allowing them to continue serving until December 31, 2025 following the expiry of the tenure of the current cohort of members in February 2025.

The SCA notes the CNDH’s explanation that the extension was intended to prevent a leadership vacuum in the context of an electoral year. The SCA is of the view that such an extension granted by a decree raises concerns about the stability of the mandate of the leadership of the NHRI as envisaged in the enabling law. Such a practice does not guaranteethe security of tenure, as mandates may be revoked or extended at the discretion of the President of the Republic.

The SCA encourages the CNDH to advocate for amendments to its enabling law to explicitly provide full-time members with voting rights within its Board, excluding political representatives. It also recommends that the law be revised to provide for a timely appointment of new members which prevents a leadership vacuum and ensures a stable and secure mandate for the members of the NHRI. 

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