“According to Article 192 (1) of the Constitution and Article 12 (2) of the Law, the Ombudsman is elected by the National Assembly, upon recommendation of the competent standing committee of the National Assembly by at least three-fifths (3/5) of votes of the total number of Members of Parliament.

While acknowledging that the HRDA reports that, in practice, vacancies are advertised, the process is broad and transparent, and civil society is able to participate in the screening and selection process, this practice is not explicitly enshrined in law, regulation or in another binding administrative guideline.

The HRDA indicated that in response to the SCA’s previous recommendations, it has advocated for amendments to its enabling legislation to formalise the consultation and participation of civil society in the selection and appointment process.

The SCA reiterates its recommendation that a clear, transparent and participatory selection and appointment process for membership of the NHRI’s decision-making body must be included in relevant legislation, regulations or binding administrative guidelines, as appropriate.

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’.”