“Article 2(3)(a) of the amended Law provides that membership in the GNCHR can be withdrawn solely on the grounds of incapacity to perform their duties and proven inefficiency in the performance of their duties. It further provides that members of the GNCHR shall be automatically relieved of their duties if an irrevocable court decision is issued against them for an offence impeding one’s appointment as a civil servant or relieving a civil servant of his/her duties in accordance with the provisions of the Civil Servants Code.
Further, Article 11 of the by-laws of the GNCHR provides that members are removed by a secret ballot vote of the plenary.
The SCA continues to be of the view that, in order to address the requirement for a stable mandate, which is important in reinforcing independence, the enabling law of an NHRI must contain an independent and objective dismissal process similar to that accorded to members of other independent State agencies. This process should apply uniformly to all nominating entities.
The grounds for dismissal must be clearly defined and appropriately confined to those actions that impact adversely on the capacity of the member to fulfil his or her mandate. Where appropriate, the legislation should specify that the application of a particular ground must be supported by the decision of an appropriate body with independent jurisdiction. The dismissal must be made in strict conformity with all the substantive and procedural requirements as prescribed by law. It should not be allowed based solely on the discretion of the appointing authorities.
The SCA is of the view that such requirements ensure the security of tenure of the members of the governing body and are essential to ensure the independence of, and public confidence in, the senior leadership of an NHRI.”