“The OPC law is silent on the criteria used by the two chambers of Parliament to draw up a list of three names of shortlisted candidates for the position of Protector, to be submitted to the President of the Republic. The Law is equally silent on the openness of the process used by the Protector to select his Deputy and the Director General.

The OPC described that the process is, in practice, transparent – involving consultation with civil society organisations by the two Chambers of Parliament. The OPC indicated that the 37 candidates for the position of Protector were vetted, and 3 shortlisted candidates were heard by Parliament prior to appointment by the President of the Republic.

The OPC also said that there had been attempts to impose a deputy on the institution in 2020, but this process had not gone through as the institution had continued to defend its independence.

The SCA reiterates its previous observation that the process currently enshrined in the enabling law is not sufficiently broad, transparent, and participatory. The process does not formalise the participation of civil society organisation including the ability to put forwards candidates.

It is important to ensure the formalization of a clear, transparent and participatory selection process for an NHRI’s decision-making body in relevant legislation, regulations or binding administrative guidelines, as appropriate.

The SCA encourages the Ombudsman to advocate for the formalization in legislation, regulations or binding administrative guidelines a process which promotes a broad consultation and/or participation including with civil society in the application, screening, selection and appointment process; and includes a provision on gender representation to ensure that either the Protector or Deputy should be a woman.

The SCA refers to Paris Principle B.1 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.”