“In accordance with section 5(2) of the enabling Law, Commissioners are appointed by the President, subject to ratification by the National Assembly. In accordance with section 5(3) of the enabling Law, the Chairperson and Vice-Chairperson shall be persons who have held, or are qualified to hold, high judicial office. The Act is otherwise silent on the merit criteria to be used in selecting Commissioners.

The SCA reiterates its previous recommendation, made in November 2016, 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;

– establish clear and uniform criteria upon which all parties assess the merit of eligible applicants; and

– 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 notes that, in accordance with Section 6 (1) of the Amendment Bill, Commissioners are appointed by the President, subject to ratification by the National Assembly. It further provides that the Commission is to consist of a Chairperson, a Vice chairperson, and a representative of each of nine different entities. Section 6 (5) of the Amendment Bill provides that the entities referred to nominate their member.

The SCA is of the view that the proposed selection process is not sufficiently broad and transparent, in particular it does not:

– require the advertisement of vacancies;

– establish clear and uniform criteria upon which the nominating entities assess the merit of eligible applicants;

– provide that the members selected by nominating entities serve in their individual capacity rather than on behalf of the organisation they represent; and

– promote broad consultation and/or participation in the application, screening, selection and appointment process for the Chairperson and the Vice chairperson.

The SCA further notes that providing for different nominating entities to select members may result in different entities using different processes for selection. The SCA is of the view that these processes should be harmonized across all nominating entities.

The SCA encourages the HRCZ to continue to advocate for the formalization and application of a harmonized process that includes requirements to:

a) Publicize vacancies broadly;

b) Maximize the number of potential candidates from a wide range of societal groups and educational qualifications;

c) Promote broad consultation and / or participation in the application, screening, selection and appointment process;

d) Assess applicants on the basis of pre-determined, objective and publicly-available criteria; and

e) Select members to serve in their individual capacity rather than on behalf of the organization they represent.”