The SCA reiterates that the enabling law does not empower the Ombudsman to directly recruit its own staff, nor does it require pluralism in its staff. The Ombudsman is a single-member institution and the position of Deputy Ombudsman/Children’s Advocate is currently vacant. In addition, the staff of the Ombudsman is seconded from the public service.
The SCA notes with concern the information that the Head of Operations of the Office, who is seconded from the public service, reports to the Executive Director of the Ministry responsible for Justice on administrative matters.
The SCA reiterates that an NHRI should be able to recruit and manage its own staff, including its senior leadership, through processes that are clear, transparent, merit-based and at the sole discretion of the institution, and that pluralism should be ensured through the timely appointment of a Deputy Ombudsman and through the composition of the staff.
The SCA recommends that the Ombudsman continue to advocate for amendments to empower the institution to directly recruit and manage its own staff, to ensure the timely appointment of a Deputy Ombudsman, and to require pluralism in its staff composition.
The SCA refers to Paris Principles B.1 and B.2 and to its General Observations 1.7 on ‘Ensuring pluralism of the NHRI’ and 2.4 on ‘Recruitment and retention of NHRI staff’.
