“Accordingly, it is not clear that the DPP continues to operate in manner consistent with the requirements of the Paris Principles.
The SCA is of the view that, in order to address the Paris Principles requirements for a stable mandate, which is important in reinforcing independence, the enabling legislation of an NHRI must contain an independent and objective dismissal process, similar to that accorded to members of other independent State agencies. The dismissal must be made in strict conformity with all the substantive and procedural requirements as prescribed by law. The grounds for dismissal must be clearly defined and appropriately confined to only those actions which impact adversely on the capacity of the member to fulfil their mandate. Where appropriate, the legislation should specify that the application of a particular ground must be supported by a decision of an independent body with appropriate jurisdiction. Dismissal should not be allowed based solely on the discretion of appointing authorities.
Further, it is critically important to ensure the formalization and application of a clear, transparent and participatory selection and appointment process for an NHRI’s decision-making body. 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 DPP to advocate for the application of a participatory and transparent selection process that includes requirements to:
a) Publicize vacancies broadly;
b) Maximize the number of potential candidates from a wide range of societal groups and
c) Promote broad consultation and/or participation in the application, screening, selection and
d) Assess applicants on the basis of pre-determined, objective and publicly-available criteria;