OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of Bulgaria Punishment holds that an open, transparent and inclusive process is warranted for the selection of an NPM, whose functions are also undertaken by the Ombudsman pursuant to Article 28a of the Ombudsman Act.35 In its General Observations, the SCA explains that “[a] diverse decision-making and staff body facilitates the National Human Rights Institution’s appreciation of, and capacity to engage on, all human rights issues affecting the society in which it operates, and promotes the accessibility of the National institutions for all citizens”.36 Pluralism should be considered in “the context of gender, ethnicity and minority status”.37 23. With regard to the selection and appointment of the Ombudsman, the SCA recommended to Bulgaria to put in place provisions to publicize vacancies; maximize the number of potential candidates from a wide range of societal groups; promote broad consultation and/or participation in the application and screening processes; and ensure pluralism in the composition of the staff.38 The Draft Amendments address some of these concerns. In particular, their Article 2 clarifies that the National Assembly shall elect the Ombudsman following the principles of publicity and transparency. Articles 3 and 4 of the Draft Amendments change the mode of electing the Ombudsman and deputy Ombudsman by introducing an open, rather than a secret ballot. Article 4 of the Draft Amendments also spells out that the process at the end of which the Ombudsman nominates a deputy has to be public, transparent and competitive. 24. While the Draft Amendments seek to increase the transparency of the selection of the Ombudsman and his or her deputy to a certain extent, such transparency could be enhanced even further, to emphasize the importance of a selection process of the Ombudsman and the Deputy Ombudsman based on pluralism and participatory engagement. Section B.1 of the Paris Principles reiterates that “pluralist representation of the social forces (of civilian society) involved in the promotion and protection of human rights” shall be ensured in the composition and the appointment procedure of the national institution. This section also lists stakeholders that the NHRI shall either cooperate with or otherwise involve in the national institution. These stakeholders shall represent “a) Non-governmental organizations responsible for human rights and efforts to combat racial discrimination, trade unions, concerned social and professional organizations, for example, associations of lawyers, doctors, journalists and eminent scientists; (b) Trends in philosophical or religious thought; (c) Universities and qualified experts; (d) Parliament; (e) Government departments (if these are included, their representatives should participate in the deliberations only in an advisory capacity)”. 25. Pursuant to Article 10 par 1 of the Ombudsman Act, proposals for elections may be made by national representatives and parliamentary groups. Because the Ombudsman is a single-member institution, the process of selecting and appointing the Ombudsman should be pluralist and inclusive to a particularly high degree. As a minimum, it should be ensured that also civil society organizations or platforms may nominate candidates for a new Ombudsman.39 The selection process could also be enhanced through the establishment of a selection commission, whose composition should 35 36 37 38 39 See Subcommittee on the Prevention of Torture, and Other Cruel, Inhuman or Degrading Treatment or Punishment, Guidelines on National Preventive Mechanisms, II. A. par 16, available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CAT/OP/12/5&Lang=en. See General Observation 1.7. ibid. 2011 SCA Report, pages 7-8. UNDP-OHCHR Toolkit, op. cit. footnote 4, pages 61 and 162. 10