In accordance with Article 12 of the Human Rights Ombudsman Act (the Act), the Ombudsman is elected by a two-thirds majority of all members of the National Assembly, on the proposal of the President of the Republic. The Ombudsman reports that, in practice, the President issues a public call for proposals and consults parliamentary groups prior to nomination. 

The SCA acknowledges the Ombudsman’s advocacy for legislative reform. However, it reiterates that the selection process as set out in the Act is not sufficiently broad and transparent, as it does not require the public advertisement of vacancies, establish clear and uniform criteria, or promote broad consultation and participation throughout the selection and appointment process. While Article 13 requires that the election procedure be initiated no later than six months prior to the expiry of the Ombudsman’s term and that the National Assembly shall decide on a proposal made by the President within 45 days, the SCA notes that the position remained vacant for nearly one year. 

The SCA further notes that Deputy Ombudspersons are appointed by the National Assembly on the proposal of the Ombudsman (Article 15) and may assume the functions of the Ombudsman in accordance with Article 17. However, the Act does not formalise a transparent and participatory selection process for these positions. 

The SCA recommends that the Ombudsman advocate, including in the context of proposed amendments to the Act, for the formalisation of a transparent, participatory and merit-based selection and appointment process for the Ombudsman and Deputy Ombudspersons. The SCA further encourages the Ombudsman to advocate for amendments which include safeguards to ensure timely appointment. 

The SCA refers to Paris Principles B.1 and B.3 and to its General Observation 1.8 on ‘Selection and appointment of the decision-making body of NHRIs’.