“Article 5(1) of the enabling law provides that the Provedor is elected by Parliament with a two-third (2/3) majority of the members present.
The SCA acknowledges that the PDJ reports that the selection and appointment process is governed by Parliament’s Rules of Procedure, which provide for the ability of groups of between ten (10) and twenty (20) members of parliament to nominate candidates, and for public hearings with the candidates. However, the SCA is of the view that the selection process currently enshrined in the enabling law is not sufficiently broad and transparent. In particular, it does not:
– require the advertisement of vacancies;
– establish clear and uniform criteria upon which all parties assess the merit of eligible applicants; and
– specify the process for achieving broad consultation and/or participation in the application, screening, selection and appointment process.
The SCA emphasises that it is critically important to ensure the formalization of a clear, transparent and participatory selection and appointment process for the Provedor in relevant legislation, regulations or binding administrative guidelines, as appropriate, that promotes merit based selection and the independence of, and public confidence in, the senior leadership of a national human rights institution.
The SCA encourages the PDJ to advocate for the formalization of the selection process for the Provedor in relevant legislation, regulations or binding administrative guidelines, and for its subsequent application in practice. This should include requirements to:
a) Publicize vacancies broadly;
b) Maximize the number of potential candidates from a wide range of societal groups;
c) Promote broad consultation and / or participation in the application, screening, selection and appointment process; and
d) Assess applicants on the basis of pre-determined, objective and publicly available criteria.”