membership is too large, the sheer cost of running an institution may be too high
and diminish the possibility of establishing a full-time cadre of professional staff. The
possibility of engaging part-time members on a pro bono or equivalent basis, which
may be available to institutions in the developed world, may not be a realistic option
elsewhere.
Members from Government should participate in an advisory capacity only, so as to
remove any suggestion that the institution is not completely independent. The Paris
Principles also address the renewal of members’ terms (see sect. 3 below) by stating that
renewal should not diminish the possibility of achieving pluralism.
Pluralism can also be reflected in the work of the NHRI, for example: in the choice of
facilitators and participants for workshops, etc., and in the subjects chosen for research
projects, seminars and in public education materials.
Appointments. Parliament should be part of the formal selection process to make it
more credible and transparent. It can develop a shortlist of candidates which is then
submitted to the executive for consideration and final selection, or it could consider and
select from a shortlist of candidates prepared by the executive.
The Sub-Committee, in its general observations (para. 2.2), notes the critical importance
of the following factors in selection and appointment:
■■
A transparent process;
■■
Broad consultation throughout;
■■
Advertising vacancies broadly;
■■
Maximizing the number of potential candidates from a wide range of societal groups;
■■
Selecting members to serve in their own individual capacity rather than on behalf of
the organization they represent.
Pluralism is enhanced if social forces are involved in the selection. Responsibility for
conducting the nomination and selection process can be delegated to a representative
committee of experts, or the Government or parliament can consult with social forces
to obtain their input. An expert committee could develop the shortlist from which either
parliament or the executive would make the final selections.
National human rights institutions usually have one member chosen to head the organization on a day-to-day basis, as well as one or more deputies. The head is usually
called chief commissioner, president, chief ombudsman or chairperson. In some cases,
this person may also be the chief executive officer. In other cases, the operational head
of the organization may have this role, as executive director or secretary-general. The
method by which these positions are chosen is also relevant to pluralism and transparency. Parliament or the executive can name these positions on the basis of a recommendation from the executive or through a parliamentary committee. Another option
used in some institutions is to have the members themselves select their leaders. Again,
this will generally depend on the enabling law, which should clearly set out who the
operational as opposed to titular head of the NHRI is.
Whatever method is adopted, it must be remembered that the principle of pluralism
should apply. The chairperson and vice-chairs of an institution are usually given wide
executive powers and have the capacity to shape its character. Moreover, they are typically its main spokespersons. They should be representative of the people they serve.
Obviously, for all the reasons set out earlier, this may not be possible at any one point
in time, but it should be demonstrably true over time. Women, who are always
half the population, should always be represented among the senior membership
of NHRIs.
38
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