“Article 36 of the Law establishes that Deputies and Advisors will automatically cease their functions as soon as a new Defensor is elected. In 2012, the DPS had advised the SCA that, in practice, all staff member positions ended when a new Defensor was elected. While this was of concern to the SCA at the time, it notes that the DPS reports that this is no longer the practice.

The SCA encourages the DPS to ensure the ongoing and effective fulfilment of its mandate by guaranteeing staff security of tenure. This could be achieved through an amendment to the law that explicitly provides for such security of tenure regardless of the election of the Defensor.”