“According to Article 16 of the Law, members are selected by the National Assembly based on the proposals of various entities. The Law is not explicit on broad consultation, transparency and uniform criteria upon which all parties assess eligible candidates.

The SCA is of the view that providing for the different entities to select members according to their rules of procedure may result in them using different processes for selection, and that a consistent, transparent, merit-based and broadly consultative selection process should be used across all of the entities.

The SCA recommends the CNDH to advocate for an amendment to its enabling law to ensure the formalization and application of a process that includes requirements to publicize vacancies broadly; and to assess applicants based on pre-determined, objective and publicly available criteria. The SCA also recommends a consistent, transparent, merit-based, and broadly consultative selection process for all relevant nominating entities.

Further, the SCA notes with concern public information that some members of the National Assembly denounced a non-transparent process during the most recent renewal of the membership of the CNDH in 2022. The SCA emphasizes that the selection and appointment process for members of an NHRI must be transparent and merit-based to ensure both the independence of the institution and public confidence in its senior leadership.

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’.”