“In accordance with article 6(2) of the Law, the Ombudsperson is appointed by an absolute majority vote of the National Assembly, based on the recommendation of the Human Rights Commission. 

The DPRP reports that, in 2016, the Human Rights Commission issued a Selection Regulation to make the process more transparent and consultative, including by requiring that vacancies be advertised in the media and on the National Assembly website. It further reports that, in practice, candidates are interviewed by the Human Rights Commission in a publicly-broadcast interview on the National Assembly’s television channel, and that citizens and civil society are free to participate. The SCA notes, however, that the regulation has not been provided to the SCA and that the DPRP reports that a new regulation is issued each time there is a selection and appointment process. 

It is critically important to ensure the formalization of a clear, transparent, participatory and consistent 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 selection and ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI. 

The SCA encourages the DPRP to advocate for the formalization and consistent application of a standardized 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.”