“In accordance with article 2(1) of the Law, the Ombudsperson is elected by an 83 votes majority of the Parliament from among three (3) candidates proposed by the President.
The SCA is of the view that the process currently enshrined in the Law is not sufficiently broad and transparent. In particular, it does not:
– require the advertisement of vacancies; and
– specify the process for achieving broad consultation and/or participation in the application, screening, selection and appointment process.
The SCA encourages the HRCA to advocate for the formalization and application of a process that includes requirements to:
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.
The SCA notes that the term of the current Ombudsperson expired in early March 2017 and that no new selection and appointment process has been initiated. The SCA urges the HRCA to ensure that a transparent and participatory process is utilized in the selection and appointment of a new Ombudsperson.”