“The non-renewable term of office of the Protector will end on 27 October 2024. The OPC also indicated that the first term of the Deputy has been recently extended for a second term until 2028.

According to Article 10.2 of the OPC enabling law, Parliament should initiate the process of appointing a new Protector 90 days before the end of the Protector’s 7-year term. The Law is also silent on how the process of reappointing the Deputy for a second term is to be conducted.

The SCA is concerned that the absence of a functioning Parliament, together with the silence of the Law on whether the renewal of the mandate of the Deputy should be validated by the President of Republic, the stability of the leadership of the NHRI may be affected.

The SCA invites the OPC to provide an update on this situation before its next review.

The SCA encourages the OPC to continue to advocate for amendments to its enabling legislation or to take steps to amend the OPC’s Rules of Procedure to provide for a clear and objective renewal or reappointment process for both the Protector and his Deputy, in order to ensure the security of tenure of members of the governing body and to prevent dysfunction in the institution.

The SCA refers to Paris Principle B.3 and to its General Observation 2.1 on ‘Guarantee of tenure for members of the NHRI decision-making body.’”