DPP Associate Professor Kirsten Roberts Lyer publishes paper in the Journal of Human Rights Practice

Independent state-based institutions like National Human Rights Institutions (NHRIs) and ombudspersons play a crucial role in upholding human rights and democracy. But what happens when their leadership ends, either within or outside the term of office? DPP Associate Professor Kirsten Roberts Lyer’s new article in the Journal of Human Rights Practice emphasises the importance of transitional leadership provisions to protect independent institutions. She analysed the NHRI and ombudsperson laws of 85 countries and jurisdictions, and found widespread absence of or problems with transitional arrangements for leadership. She argues that this is putting the functioning of these institutions at risk, as there is no clear plan for how their powers and functions will continue when leadership ends. Her article particularly shows that institutions with concentrated power structures and with absent or poor transitional provisions can be more easily negatively affected by the failure to provide for the transfer of power prior to the appointment of a new head when compared to institutions where there are other individuals available for continuity of leadership. She argues that it is essential that all enabling laws contain comprehensive transitional leadership provisions, so that in the event of a leadership gap, the institution can continue to function. She calls for more robust focus on comprehensive transitional provisions in international standards on NHRIs and ombudspersons, as well as greater focus on comprehensive transitional provisions in international standards on NHRIs and ombudspersons. Her article also recommends the inclusion of such transitional provisions in the enabling laws of all legislatively mandated independent state-based institutions to ensure their independence and proper functioning.