“The SCA notes that in accordance with Article 281 of the Constitution and Article 2 of the Law, the Ombudsperson is elected by the Chamber of Representatives based on a list of three candidates prepared by the President. The SCA further notes that the selection and appointment process of the Ombudsperson is established in Law No. 201 of 1995 ‘on the legal nature of the Attorney-General of the Nation.’
However, the SCA is of the view that the process as enshrined in the law is not sufficiently broad and participatory. In particular, it does not specify the process for achieving broad consultation and / or participation of civil society during the screening and short-listing phase. It is critically important to ensure the formalization of a clear, transparent and participatory selection and appointment process for an NHRI’s decision-making body in relevant legislation, regulations or binding administrative guidelines, as appropriate. A process that promotes merit-based and participatory selection, and ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI.
The SCA recommends that the DPC advocate for the formalization and application of a procedure that includes requirements to promote broad consultation and / or participation in the application, screening, selection and appointment process.”