International Human Rights and the International Human Rights System A Manual for National Human Rights Institutions
In addition “due consideration” should be given to:
• gender balance
• equitable geographic representation
• appropriate representation of different legal systems.132
4. APPOINTMENT PROCEDURE
The HRC has laid down a complex procedure for the appointment of persons to SP mandates. The
procedure involves stages of nomination, shortlisting, assessment by an intergovernmental committee,
consideration by HRC member States and appointment by the HRC President with the endorsement
of the HRC.
Candidates for appointment can be nominated by a variety of stakeholders, including member and
observer States, international organizations, NHRIs and NGOs. They can also nominate themselves.133
From the list of nominees, the Office of the United Nations High Commissioner for Human Rights
(OHCHR) prepares, maintains and regularly updates a public list of eligible candidates.134
Specific nominations are sought when a mandate is to be filled. Nominees must submit “an application
for each specific mandate, together with personal data and a motivation letter no longer than 600
words”.135 The OHCHR prepares a list of eligible candidates from the nominees.
The eligibility list is considered by a five-member Consultative Group, whose members are nominated
by each of the UN regional groups.136 The five members serve in their personal capacities but, to date,
they have always been Geneva-based diplomats representing States in the various regional groups.
The Consultative Group considers the suitability of persons on the eligibility list for each mandate to be
filled. In exceptional circumstances it can also consider persons not on the list.137 It interviews shortlisted candidates138 and presents the HRC President with “a list of candidates who possess the highest
qualifications for the mandates in question and meet the general criteria and particular requirements”.139
This list is usually ranked in the order of preference of the Consultative Group.
The HRC President then conducts “broad consultations” on the basis of the Consultative Group’s
list and proposes a person for each vacant mandate.140 If the President proposes a candidate who
is not the candidate recommended by the Consultative Group, she or he must give reasons for the
recommendation.141 The list of proposed appointees is then endorsed as a whole by the HRC at each
ordinary session.142
132
HRC Resolution 5/1; Part II.A.; para. 40.
133
HRC Resolution 5/1; Part II.A.; para. 42.
134
HRC Resolution 5/1; Part II.A.; para. 43.
135
HRC Resolution 16/21; Part II.A.; para. 22(b).
136
HRC Resolution 5/1; Part II.A.; para. 49.
137
HRC Resolution 5/1; Part II.A.; para. 50 and HRC Resolution 16/21; Part II.A.; para. 22(c).
138
HRC Resolution 16/21; Part II.A.; para. 22(c).
139
HRC Resolution 5/1; Part II.A.; para. 47.
140
HRC Resolution 5/1; Part II.A.; para. 52.
141
HRC Resolution 16/21; Part II.A.; para. 22(d).
142
HRC Resolution 5/1; Part II.A.; para. 53.
Chapter 7: Special procedures | 49