government appointees and that the
quorum requirements would appear to allow
nominations solely by those members. The
SCA highlighted the importance of having a
clear,
transparent
and
participatory
selection process that promotes the
independence of, and public confidence in,
the senior leadership of the Commission,
and called upon the NHRC to advocate for
the formalisation of the selection process in
relevant legislation, regulations or binding
administrative guidelines as appropriate. In
response,
the
NHRC
has
proposed
amendments to section 6(1) of the Act to
increase membership on the Selection
Committee to include: a Judge from the
Appellate Division; a member of civil society
nominated by the Speaker of the
Parliament; the Chairperson of the Public
Service Commission; and a Vice Chancellor
of any public university nominated by the
Vice Chancellor’s Forum. It also proposed
an amendment to section 7(3) of the Act to
increase the quorum requirement from four
to six. The SCA encourages the NHRC to
ensure that the new process addresses all
of the following issues:
a) Publicize vacancies broadly;
b)
Maximize the number of potential
candidates from a wide range of societal
groups and educational qualifications;
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
individual capacity rather than on behalf
of the organization they represent.
Further, of the seven commissioners, the
chairman and only one member are full
time, the other five are appointed on
honorary basis and they do not serve full
time. However, it still lacks an effective
institutional frame-work and adequate
42
JAMAKON
manpower to unleash the huge potential of
the National Human Rights Commission.
The honorary members are not giving their
full potential and they are attending the
commission on invitation. The Commission
needs more full time members who can
enhance the functions effectively.
3. Organogram of the NHRC:
In addition to one Chairman and six
members, there is one Secretary and 48
officers and staff. Though the organogram
contains 139 positions, but the rest
positions are vacant. The NHRC is working
with the Government to fill the additional 91
positions. The NHRC is still short off
adequate manpower and is suffering for
lacking of effective institutional framework
to unleash the huge potentials of the
institution. Besides, the NHRC needs more
employees to extend its services to the
divisional levels.
At present, the Secretary and two
Directorsare seconded from the Peoples’
Republic of Bangladesh. The Deputy
Directors are seconded from the Peoples’
Republic of Bangladesh if no suitable
candidate be found in-house to fill vacancy
through promotion.
A fundamental requirement of the Paris
Principles is that an NHRI is, and is
perceived
to
be,
able
to
operate
independent of government interference.
Where a NHRI’s staff members are
seconded from the public service, and in
particular where this includes those at the
highest level in the NHRI, it brings into
question the capacity of the NHRI to
function independently. The SCA is of the
view that senior level posts should not be
filled with secondees and that the number
of secondees should not exceed 25% except
in exceptional circumstances.
Success of the NHRC mostly depends on the
devotion and activeness of the people
working in the NHRC. So, the appointed
officers and staff need adequate training
and skill enhancement activities to
institutionalize the NHRC. The NHRC has to