Section 5(1) of the Ombudsman Law states that the Ombudsman shall be approved by Parliament on the proposal of not less than ten members of Parliament. The SCA notes the ongoing process of amending the Law that would allow both the Parliament and the President to nominate candidates for the position of Ombudsman.
However, the SCA continues to be of the view that, even if this amendment is passed, the process enshrined in the Law is not sufficiently broad and transparent. In particular, it does not:
– require the advertisement of vacancies for members; and
– promote broad consultation and/or participation in the application, screening, selection, and appointment process for all members.
The SCA reiterates its 2020 recommendation for the NHRI to advocate for the formalization and application of a process that includes requirements to:
– Publicize vacancies broadly to encourage diversity;
– Promote broad consultation and / or participation in the application, screening, selection and appointment process.
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’
