“Section 7(1) of the Act 2024 provides that Commissioners are appointed by the President, subject to ratification by the National Assembly.

The HRCZ describes that, in practice, a selection committee formed by various stakeholders, (civil society organisations, academia, persons with disability and other groups), assesses candidates and issues a report on the suitability of selected candidates. This report is publicized in the media.

The SCA reiterates its previous recommendation, made in November 2016 and in October 2018, that the process currently enshrined in the enabling law is not sufficiently broad and transparent. In particular, it does not require the advertisement of vacancies nor promote broad consultation and/or participation in the application, screening, selection and appointment process.

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 another binding administrative guideline, as appropriate. A process that promotes merit-based selection and ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI.

The SCA encourages the HRCZ to continue to advocate for the formalization and application of a harmonized process in its enabling law.

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’.”