ASK on NHRC Selection Process

Issued in on 14 June 2013 | Published in Daily Star | Published in Prothom Alo [Bengali] Click to view links

NHRC Bangladesh

NHRC Bangladesh

The present Chairman and members of the National Human Rights Commission (NHRC)were appointed on 22 June, 2010 and their tenure will end on 21 June, 2013 after the completion of their 3 year term. According to the NHRC Act, 2009 the vacancy for Chairman and the members needs to be filled soonest after the completion of the tenure of the present members.

According to the Act, upon the recommendation of the seven members Selection Committee headed by the Speaker of the National Parliament, the President shall, appoint the Chairman and members of the Commission.

We would like to highlight that, in many countries of the world an open process is being followed in appointing the members of National Human Rights Institutions. Open call for nomination is one of such examples. In response to the open call candidates themselves apply or civil society organizations recommend candidates. Selection committee then comes up with a list of potential appointees following transparent criteria. Comment and recommendations from all stakeholders are sought at this point. Based on that recommendation, the selection committee takes the final decision.

However, in the said case, so far we haven’t seen any initiative from the Selection Committee for any open dialogue or consultation with the Civil Society regarding the selection and appointment of the members of the National Human Rights Commission. The Paris Principles, a set of international standards which frame and guide the work of National Human Rights Institutions (NHRIs) state that the selection and appointment process of the National Human Rights Institutions shall be transparent and open with the representation of the Civil society and Human Rights Organisations.

Ain o Salish Kendra (ASK) always suggests that the tenure of the Chairman and members of the NHRC should be extended as the existing three year tenure is not sufficient to demonstrate effective role and make the desired and visible contribution in the promotion and protection of Human Rights. ASK considers that the present leadership of the NHRC needs some more time to achieve the outcome of their activities which they had initiated. Furthermore, it should be taken into consideration whether the honorary members of the Commission are able to make adequate contribution in the functions of the NHRC as they are occupied otherwise. We were not at all in favour of this ‘Honorary Member’ idea from the very beginning. However, as long as the law is not amended, it should be taken into consideration that the NHRC needs honorary members who can really contribute in the functions of the NHRC.

ASK expects that an example will be set by the new speaker, the Chair of the Selection Committee through initiating an open and transparent selection process that enables all stakeholders including the civil society and Human Rights Organisations to contribute in the process. This will also bring credibility for the NHRC.