“The SCA notes that the enabling law does not specifically empower the Ombudsman to directly recruit its own staff, nor does it require pluralism in its membership and staff. The enabling law provides that the Ombudsman will be assisted by officers in the public service.

The Ombudsman indicates that recruitment takes place in accordance with the Public Service Act and that the Human Resources department of the Ministry of Justice oversees the process of advertising and shortlisting, while the Ombudsman plays an advisory role in the selection criteria and makes recommendations on suitable candidates.

The SCA reiterates that an NHRI should be able to hire staff with the requisite skills and experience ensuring that the process is open to all, clear, transparent, merit-based and at the sole discretion of the NHRI. Such a process promotes the independence and effectiveness of, and public confidence in, the NHRI.

The SCA encourages the Ombudsman to advocate for changes to its enabling law to allow it to independently recruit its own staff.

The SCA refers to Paris Principle B.2 and to its General Observation 2.4 on ‘Recruitment and retention of NHRI staff’.”