“The SCA notes that section 9 of the DIHR By Laws provides for the grounds for resignation of members in case of election to Parliament or in instances where a member of the Board no longer meets the conditions for designation to the Board due to loss of the necessary independence, personal and professional integrity. Further, the By Laws provide that Board members must be given the opportunity to submit information and respond to questions but may not otherwise participate in discussions on whether they meet the requirements of the position.

While the By Laws are clear on the grounds, they do not clarify the process and safeguards applied for dismissal or revocation of designation of Board members.

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, similar to that accorded to members of other independent State agencies.

The SCA recommends that DIHR advocate for amendments to its Law that outline an independent and objective procedure for the removal of its Board members.

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.”