In theory, commission membership is broad and diverse given that commissioners are selected to represent the bar association, the magistracy, youth, labor, women, traditional chiefs, physicians, teachers and the Togolese red cross. But, in actual fact, when the CNDH was formed in the late 1980s, none of these organizations except for the bar association and the Red Cross arguably escaped the control of the single party.

Initially, there were thirteen members and all the commissioners, including the president, worked part-time and received a stipend of 25,000 CFA [approximately U.S.$40] per month. On December 11, 1996, parliament passed law no. 96-12 which raised the number of members to seventeen and made the president's position a full-time post. Under Article 3 of the 1996 law, the commission is composed of the following seventeen members: Three from the national assembly; one magistrate; one lawyer; one teacher; one physician; one women's rights activist chosen from among the most representative women's rights associations; two human rights activists chosen from among the most representative human rights associations; two labor union representatives from among the most representative unions; one traditional chief; one representative from each of the following religious organizations: the Catholic church, the Protestant church, and the Muslim Congregation; and one person from the Togolese Red Cross and Red Crescent. Other than the president who is full-time, all the other members serve on a part-time basis.18

The commissioners are selected in a two tier process. The professional associations and organizations indicated in the law submit two names to the national assembly for each designated position on the commission. The national assembly then votes by simple majority to select the commissioner. This procedure has undermined the stated pluralism of the commission by granting the ruling party effective power to select all the commissioners. The opposition boycotted the final vote on the law, largely because of this provision.19 The effect is particularly striking at the current time since boycotts and rigged elections have eliminated any effective parliamentary opposition.

The current sitting members of the CNDH were elected by the National Assembly on August 14, 1997. A number of organizations refused to participate in the selection. This was the case for the leading human rights NGOs, including the Ligue Togolais des Droits de l'Homme (LTDH).20 It is not clear which of the members represents legitimate constituencies. The representative of the Bar Association is one who apparently does.21 On the other hand, a number of sources expressed misgivings about the process used to select the current CNDH president and representative of the magistracy, Komi Gnondoli. According to these sources, Komi Gnondoli has never served as a magistrate and only took the oath a few weeks before his selection.22 His close ties to the past president of the commission, Aboudou Assouma, were also raised with concern by a number of Togolese sources interviewed by Human Rights Watch. The current members of the CNDH are generally seen as coming from the la mouvance presidentielle - the parties and associations loyal to Eyadema.23 This is true of the staff of the CNDH as well. The assistant administrative secretary of the CNDH, for example, is also the leader of the Youth Movement of the RPT, President Eyadema's party.24