“Articles 2 and 3 of Royal Decree No. (57/2022) provide for the appointment of the OHRC members and the election of the Chair and Vice Chair. Articles 11 and 12 of the Internal Regulations of the OHRC indicate that the appointment of the members shall be on the recommendation of an ‘Independent Committee’, which shall extensively consult and coordinate with government entities and civil society organizations to propose nominees for membership. However, the process as enshrined in the Royal Decree and Internal Regulations does not require the advertisement of vacancies.

 Moreover, the Internal Regulations do not confirm the composition of the Independent Committee, which is critical to determining its independence. The OHRC reports that in practice the members of the Independent Committee are selected by the Sultan and that a vacancy announcement is sent out to all civil society organisations. The OHRC reported to the SCA that the process will be improved during subsequent appointments.

The SCA recommends that the OHRC advocate for amendments to the selection and appointment process that includes requirements to publicize vacancies broadly and promote broad consultation through the screening, selection and appointment committee. It is critically important to ensure the formalization of a clear, transparent, and participatory selection and appointment process for an NHRI’s decision-making body in relevant legislation, regulations or binding administrative guidelines, as appropriate.

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’.”