“Article 10(2) of the enabling law provides that Board members shall be selected by the President of Türkiye. The SCA considers that the selection and appointment process currently enshrined in the law does not provide for broad consultation and participation of civil society.
The SCA is of the view that the selection process should be characterized by openness and transparency. That is, it should be under the control of an independent and credible body and involve open and fair consultation with NGOs and civil society. Not only is this a means of developing a good relationship with these bodies, but consideration of the expertise and experience of NGOs and civil society is likely to result in an NHRI with greater public legitimacy.
The SCA further notes that the enabling law does not establish pre-determined, objective and publiclyavailable criteria to assess applicants. 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 recommends that the HREIT advocates for the formalization and application of a process that includes requirements to:
- Maximize the number of potential candidates from a wide range of societal groups and educational qualifications;
- Promote broad consultation and/or participation in the application, screening, selection and appointment process; and
- Assess applicants on the basis of pre-determined, objective and publicly-available criteria.”