Article 12 of the Act provides that the election of the Ombudsman requires a two-thirds majority of all members of the National Assembly. Article 21 of the Act, however, provides that the Ombudsman may be dismissed by a two-thirds majority of members of the National Assembly present at the relevant session. This creates an imbalance in the threshold required for the two processes. 

The SCA is of the view that in order to address the requirements for a stable mandate under the Paris Principles, which is important in reinforcing independence, the enabling legislation of an NHRI must contain an independent and objective dismissal process. The legislation should specify that the application of a particular ground must be supported by a decision of an independent body with appropriate jurisdiction. 

The SCA recommends that the Ombudsman advocate, in the context of the proposed amendments to the Act, for strengthening of the procedural safeguards for dismissal of the Ombudsperson, including addressing the lower threshold required for dismissal. 

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’.