elegated to a provincial or state human rights institution, no gap in jurisdiction
d
should exist between local and national bodies.
C. Appointment procedures
Appointment mechanisms are one of the most important ways to guarantee the
independence, diversity and accessibility of NHRIs. Direct appointment by the
executive branch of government is undesirable. Processes should be open
and transparent. Appropriate models of appointment include:
Nomination by civil society organisations – This ensures that diversity and an
organic relationship with civil society are reflected in the membership. Such
mechanisms only work in multi-member organisations. One potential shortcoming is that, when a variety of organisations nominate, none will have regard
to the overall composition of membership (for example, to its gender or ethnic
balance). Another hurdle is that the institution’s membership must be large to
reflect properly the variety of civil society bodies. Some of these disadvantages
may be overcome if both single- and multi-member institutions establish
advisory boards or committees with broader social representation.
Appointment by Parliament – In theory, this distances the appointment process
from the government of the day. It may work well if Parliament vigorously
exercises independent oversight, but not if parliamentary scrutiny is weak or
biased. An advantage is that the legislature is likely to have regard for the overall
composition and balance of a multi-member institution. The body responsible,
such as a parliamentary committee, may receive nominations from civil society
organisations, and nominees can be subject to a public interview process.
Appointment by another autonomous institution – In some societies other
appointment mechanisms may meet the requirement of independence from the
government of the day, such as a judicial service commission which appoints
judges in many countries.
D. Criteria for membership of a national institution
Criteria for membership will necessarily vary, especially in single-member
institutions where the incumbent may have a quasi-judicial role. It will be
important to include criteria that help to ensure independence. For example,
civil servants or political party officials may be excluded, especially if they are
financially dependent on the government of the day. Criteria may include a
legal qualification (eligible to be a senior judge for example) or be aimed at
ensuring diversity among NHRI members.
The most important point, however, is that criteria should be clearly established,
preferably by law, in advance of appointment. They must be objectively
verifiable criteria against which the actual appointment can be assessed. A
potential danger of membership criteria is that they may be chosen in order to
exclude specific individuals or groups. This is a further reason to ensure that
Members may be formally appointed by the head of state after appointments have been
determined by a separate body.
14 Assessing the Effectiveness of National Human Rights Institutions
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