OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of Bulgaria 4.2 Selection of Staff 28. The Draft Amendments propose to include a new Article 18a, which stipulates that the Ombudsman shall be supported by an administration which is appointed in accordance with the principles of transparency, efficiency, pluralism and non-discrimination.47 The procedure of announcing vacancies, conducting competitions and announcing the outcome thereof are regulated in internal regulations pursuant to new Article 18a par 2 of the Ombudsman Act. 29. The explicit inclusion of pluralism in the new Article 18a as the basis for the appointment of the administration supporting the Ombudsman is welcome. Ensuring that the staff of NHRIs are as diverse as possible in terms of social, ethnic, religious and geographic composition and reflect the diversity of society as a whole, increases the confidence of the public that the institution “will understand and be more responsive to its specific needs” and hence increases the Ombudsman’s credibility and effectiveness and its real and perceived independence and accessibility. 48 Additionally, the meaningful participation of women in at all staff levels is crucial to understanding the needs and challenges of a significant proportion of the population.49 In the context of the Republic of Bulgaria, it is also important to ensure the capacity of the Ombudsman’s staff to communicate in minority languages, in particular, in Turkish and Romani.50 In order to further a pluralist staff selection, the legislator may consider introducing temporary special measures. At the policy level, gender-sensitive employment conditions and policies, which take into account the needs of pregnant women and persons with parental/caretaking responsibilities, and policies to promote greater gender balance could be envisaged. Policies providing reasonable accommodation for persons with disabilities pursuant to Article 27 of the UN Convention on the Rights of Persons with Disabilities may likewise be considered.51 5. 30. 46 47 48 49 50 51 Pluralism in Decision-Making Processes In general, it is more challenging to ensure pluralism in decision-making in singlemember institutions consisting of one Ombudsman, as is the case in Bulgaria, than in other forms of NHRIs, for example, National Human Rights Commissions consisting of several members. One way of dealing with this issue is the establishment of advisory 019_ON_OMBUDSPERSON.pdf; [*OSCE disclaimer: “Any reference to Kosovo, whether to the territory, its institutions, or population, is to be understood in full compliance with United Nations Security Council Resolution 1244”]. Article 7 par. 2 of the Moldovan People’s Advocate (Ombudsman) Act reads: “The information on the organization and implementation of the selection, requirements for the candidates and documents to be submitted is displayed on the official webpage of the Parliament and published in the mass media at least 20 days prior to the selection day”; see Law on the People's Advocate (Ombudsman) of the Republic of Moldova (2014), available at http://www.apt.ch/content/files/npm/eca/Moldova_Ombudsman%20Law_May2014_ENG.pdf. Article 5 par 1 of the Draft Amendments. See Justification of General Observation 1.7, page 21: a “diversity of background, capabilities and professional knowledge necessary to enable it to properly fulfil its NPM mandate” is also stipulated in the Guidelines on National Preventive Mechanisms as a requirement for staff. The Guidelines call for staff to also include persons with relevant legal and health-care experience; see Subcommittee on the Prevention of Torture, or Other Cruel, Inhuman or Degrading Treatment or Punishment, Guidelines on National Preventive Mechanisms, II. A. par 20. ibid, Justification of General Observation 1.7, page 21. ibid. UN Convention on the Rights of Persons with Disabilities, adopted on 13 December 2006 during the sixty-first session of the UN General Assembly by resolution A/RES/61/106; the Convention was ratified by Bulgaria on 22 March 2012. 12