What are the steps in the selection process?
Before the selection process for NPM members even begins, it may be useful to convene a roundtable of interested organisations (including civil society, such as non-governmental organisations, social and professional organisations, and universities) and other experts to discuss the needs, process, criteria and desired composition of the NPM. This is particularly the case for newly established institutions and in cases where the composition of the NPM is not specified in the law.
The first step in most selection processes will involve the establishment of a selection committee. Such a committee should be representative. In the case of parliamentary committees, this may mean that it is composed of parliamentarians from different parties and different backgrounds. In the case of a specialised selection committees, it may mean including different branches of government alongside civil society. In all cases, selection committees should have clear and publicly available internal rules that set out the way they function and take decisions.
The second step is the public announcement of vacancies, and ensuring that a wide range of candidates from diverse backgrounds have the opportunity to apply. This will mean publicising the announcement widely and in a variety of formats and national languages and with a reasonable deadline to apply. The announcement should also include the clear and objective criteria that will be used to make any selection decisions.
In some cases, candidates to be NPMs members are put forward for selection by different professional groups, including: civil society, parliament, the executive or the judiciary. If this model is used, it will be very important to stress that the appointed members must serve only in their individual capacity and not as representative of the particular group that selected them, particularly in order to avoid conflicts of interest. If such a system is used, it may also be useful for each group to present a range of candidates, from which an independent selection committee can choose the most appropriate NPM member.
The third step is to assess the candidates. Given the importance of criteria related to soft skills, such as empathy and teamwork for effective NPMs, selection processes should make sure to test these as far as possible, including through face-to-face interviews. This is of course in addition to the other criteria discussed in our toolkit on profile and skills. In some countries, the committee will publish the list of candidates and invite public comments or submissions - particularly from interested civil society organisations. This can be a good way of involving a wider group of interested stakeholders in the selection process.
Finally, the last step is appointment. In the case of NPMs with several members, appointed for specific terms, (with or without the possibility of renewal), the law should make sure that the members are not all up for renewal at the same time. This might require offsetting initial terms of office of some members, to ensure that not all terms expire at the same time. In the case of institutions with a single elected member, maintaining the tenure of deputies or senior staff can be a useful way to ensure continuity.
Related to the question of selection is that of security of position and tenure. For elected leaders, including ombudspersons, members of multiple body NPMs and members of human rights commissions, for example, it is important that criteria for removal from office are both narrowly defined and clearly set out in law. Processes requiring majorities and agreement among several branches of government are likely to be the best guarantees of independence. In places where a selection committee was established to select NPM members, it may be reactivated to consider removal from office.