While noting the information provided by the SHRC that in practice appointments are conducted through open and transparent processes overseen by the Scottish Parliamentary Corporate Body (SPCB), the law continues to be silent on an inclusive, transparent and participatory appointment and selection process. The Act is also silent on the requirement to guarantee diversity and pluralism of membership.
The SCA acknowledges that the SHRC has taken steps to advocate for the implementation of the SCA’s previous recommendation which led to changes in practice, such as the inclusion of an independent human rights expert in the selection panel and consultation with the SHRC on desired profiles for candidates.
The SCA encourages the SHRC to continue to advocate for amendments to its enabling law, relevant regulation or binding administrative guidelines to ensure the formalization of a process that includes requirements to:
- Publicize vacancies broadly;
- Maximize the number of potential candidates from a wide range of societal groups and educational qualifications;
- Promote broad consultation and / or participation especially of civil society organizations in the application, screening, selection and appointment process; and
- Assess applicants on the basis of pre-determined, objective and publicly-available criteria.
The SCA recommends that the SHRC take measures to ensure the broad representation of national society in the institution, including in the context of gender, ethnicity or minority status.
The SCA refers to Paris Principle B.1 and to its General Observation 1.7 on ‘Ensuring pluralism of the NHRI’ and 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.