“The SCA notes that the grounds for dismissal of members of the OHRC are not specified in the Royal Decree No. (57/2022). The SCA acknowledges that article 16 of the Internal Regulations provide that members of the OHCR may be dismissed by a decision of the OHRC itself for failing to meet membership criteria, violating his/her duties, or contravening the Internal Regulations.

However, the SCA considers that the Internal Regulations do not provide sufficient protection for the dismissal of members by other state authorities.

The SCA emphasizes that, in order to address the requirement for a stable mandate, which is important in reinforcing independence, the enabling law of an NHRI must contain an independent and objective dismissal process. The grounds for dismissal must be clearly defined and appropriately confined to those actions that impact adversely on the capacity of the member to fulfil its mandate. Where appropriate, 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 dismissal must be made in strict conformity with all the substantive and procedural requirements as prescribed by law. It should not be allowed to be based solely on the discretion of the appointing authorities.

The SCA is of the view that such requirements ensure the security of tenure of members of the governing body and are essential to ensure the independence of, and public confidence in, the senior leadership of an NHRI.

The SCA encourages the OHRC to advocate for appropriate amendments to Royal Decree No. (57/2022) to ensure an independent and objective dismissal process for its members.

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