2.3  Myanmar: National Human Rights Commission (NHRC)

Recommendation: The SCA recommends that the NHRC be accredited with B status.

The SCA welcomes the establishment of the NHRC in law. It commends the NHRC for its continuing efforts to promote human rights despite the challenging context in which it operates, noting in particular the NHRC coordinating program to educate key stakeholders in the application of human rights.

The SCA notes:  1. Selection and appointment 

Section 5 of the Law requires that a Selection Board be established by the President of the Republic consisting of the Chief Justice of the Union; Minister of Home Affairs; Minister of Social Welfare, Relief and Resettlement; Attorney General; one representative from the Bar Council; two representatives from the Parliament; one representative from the Myanmar Women’s Affairs Federation; and two representatives from registered NGOs. The Selection Board is mandated under section 8 of the Law to adopt procedures for nominating prospective members of the NHRC and submit a list of thirty (30) nominees to the President, who, in accordance with section 9 of the Law, selects and appoints suitable members, in coordination with the Speakers of both Houses of the Parliament.

The SCA is concerned that the composition of the Selection Board includes a significant number of members of the government and that there is no quorum requirement in the Law. In addition, it is concerned that the designation of, and process for selection of civil society representatives (in particular from ‘registered’ civil society organisations) is not sufficient to ensure a transparent and participatory selection process.

In addition, the SCA received conflicting reports regarding whether the most recent selection process was conducted in accordance with the law. Several civil society organisations reported that the recent selection process was not made public.

The SCA emphasizes the requirement for a clear, transparent and participatory selection process that promotes merit-based selection, ensures pluralism and promotes the independence of, and public confidence in, the senior leadership of a national human rights institution. Such a process would include 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;
4. assess applicants on the basis of pre-determined, objective and publicly-available criteria; and
5. Select members to serve in their individual capacity rather than on behalf of the organization they represent.

The SCA encourages the NHRC to engage with the new Parliament and government to address the concerns outlined above and to ensure the selection and appointment process is enshrined in relevant laws, regulations or binding administrative guidelines

The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.

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