The CNDH confirmed that the new board of 11 commissioners was appointed in 2024, following the Supreme Court’s opinion issued at the request of the ad hoc selection committee on the interpretation of Article 20 of the law. Five commissioners were renewed, whilst 6 are newly appointed.

Noting the ongoing advocacy by the CNDH to amend the law in order to clarify provisions related to the tenure of office of members, the SCA highlights that the process as currently enshrined in the Law does not include a clear interpretation regarding the tenure of the members, which led to the early dismissal of the previous members.

The SCA recalls that the security of tenure of the members of the governing body is essential to ensure the independence of, and public confidence in, the senior leadership of an NHRI.

The dismissal before the expiry of the term for which they have been appointed, without any specific legal reasons given to them and without effective functional immunity being available to contest the dismissal, is incompatible with the independence of the NHRI.

Therefore, the SCA recommends that the CNDH continue to advocate for an amendment of its law to ensure the inclusion of clear terms of office in keeping with Article 213 of the Constitution.

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