“The SCA notes that the UPCHR has proposed amendments to its enabling law with respect to selection and appointment. In particular, article 6 of the proposed law would also provide the Committee of Parliament with responsibility for the activities of the UPCHR, in consultation with representatives of public human rights institutions, with the ability to propose candidates. However, the SCA is not of the view that this amendment would sufficiently address its concerns.

A clear, transparent and participatory selection and appointment process for membership of the NHRI’s decision-making body must be included 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 a NHRI.

The SCA encourages the UPCHR to continue to advocate for the formalization of a process that includes requirements to:

  1. Publicize vacancies broadly;
  2. Maximize the number of potential candidates from a wide range of societal groups and educational qualifications;
  3. Promote broad consultation and / or participation in the application, screening, selection and appointment process; and
  4. Assess applicants on the basis of pre-determined, objective and publicly available criteria”