1-8. 국가인권기구 내 의사결정기구 구성원 선출 및 임명
1-8. Selection and Appointment of the Decision-Making Body of NHRIs
채택일 2018. 2. 21.
G.O. 1.8 Selection and appointment of the decision-making body of NHRIs
It is critically important to ensure the formalisation of a clear, transparent and participatory selection and appointment process of the 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. Such a process should include requirements to:
a) Publicize vacancies broadly;
b) Maximize the number of potential candidates from a wide range of societal groups;
c) Promote broad consultation and/or participation in the application, screening, selection and appointment process;
d) Assess applicants on the basis of pre-determined, objective and publicly available criteria; and
e) Select members to serve in their own individual capacity rather than on behalf of the organization they represent.
JUSTIFICATION
Section B.1 of the Paris Principles specifies that: “The composition of the national institution and the appointment of its members, whether by means of an election or otherwise, shall be established in accordance with a procedure which affords all necessary guarantees to ensure the pluralist representation of the social forces (of civilian society) involved in the promotion and protection of human rights.”
Section B.1 further enumerates which groups may be included in this process. These are “representatives of:
(a) Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists;
(b) Trends in philosophical or religious thought;
(c) Universities and qualified experts;
(d) Parliament;
(e) Government departments (if these are included, their representatives should participate in the deliberations only in an advisory capacity).”
The SCA interprets the reference to an election or other like process, together with the reference to broad participation, as requiring a clear, transparent, merit-based and participatory selection and appointment process.
Such a process is fundamental in ensuring the independence and effectiveness of, and public confidence in, the NHRI.
For this reason, it is important that the selection process 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 23developing 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.
Advertising vacancies broadly maximises the potential number of candidates, thereby promoting pluralism.
Promoting broad consultation and participation in the application, screening, selection and appointment process promotes transparency, pluralism and public confidence in the process, the successful candidates and the NHRI.
The assessment of applicants on the basis of pre-determined, objective and publicly available criteria promotes the merit-based appointment of candidates, limits the capacity for undue interference in the selection process, and serves to ensure the appropriate management and effectiveness of the NHRI.
Selecting members to serve in their own individual capacity rather than on behalf of the organization they represent is likely to result in an independent and professional membership body.
It is recommended that the selection and appointment process, bearing the hallmarks described above, be formalized in relevant legislation, regulations or binding administrative guidelines, as appropriate.
참고 정보 링크 서비스
| • 일반 논평 / 권고 / 견해 |
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| • 개인 통보 |
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| • 최종 견해 |
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