“Article 20 of the Law states that commissioners are elected for a four-year term renewable once. Part of the 2018 cohort of commissioners for the first tenure were appointed to serve for a 2-year term to ensure partial renewal of the plenary for subsequent selection process.

During the session, the CNDH informed the SCA of the Supreme Court interpretation of the provision on selection and appointment which stipulates a renewal of the full board of commissioners. In February 2024, in keeping with the Supreme Court decision, seven out of eleven members have been renewed while they have not concluded the 4 year- tenure as per the law.

 The SCA recommends that the CNDH advocates for a selection and appointment that abides by the provision of the enabling law in terms of tenure, effectiveness, and continuity of an NHRI. Such selection and appointment process should include a clear interpretation of the law regarding the tenure of the members. The SCA is of the view that there is a need to maintain the permanency and institutional independence of an NHRI.

The SCA further recommends for the amendment to the enabling law in particular of its Article 20, to provide for uniform term of office for all commissioners. This will ensure consistency and clarity with regard to the provision for term of office.

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