“In accordance with Article 8 of the Inter-Federal Agreement, the twenty-one (21) members of the Inter-Federal Board are designated by six (6) parliamentary assemblies. The SCA notes that each parliamentary assembly designates members according to its own internal procedures.
The SCA acknowledges that UNIA reports that, in practice, vacancies are advertised.
The SCA is of the view that the selection and appointment process contained in the law is not sufficiently broad and transparent. In particular, it does not:
– require the advertisement of vacancies; and
– specify the process for achieving broad consultation and/or participation in the selection, screening, and appointment process.
Further, the SCA is of the view that providing for the different parliamentary assemblies to select members according to their own rules of procedure may result in them using different processes for selection, and that a consistent, transparent, and broadly consultative selection process should be used across all of the parliamentary assemblies.
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. 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 UNIA to advocate for the formalization of a uniform 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; assess applicants on the basis of pre-determined, objective and publicly-available criteria; and
d) Select members to serve in their individual capacity rather than on behalf of the organization they represent.”