“According to articles 8-12 of the Law, the position of the Protector of Citizens is advertised and applicants are assessed by both chambers of Parliament on the basis of criteria set out in the law. Both Chambers then submit a list of eligible applicants and the successful candidate is determined by consensus of the President of the Republic, the President of the Senate and the President of the National Assembly.
The SCA is of the view that the process currently enshrined in the Law is not sufficiently broad and transparent in that it does not promote broad consultation and/or participation in the application, screening, selection, and appointment process.
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 selection and ensures pluralism is necessary to ensure the independence of, and public confidence in, the senior leadership of an NHRI.”