The presentation of "What is an Ombudsman?" book
consisting of collection of articles
On March 9, 2002, at 15:00 in "Irshad" Hotel the presentation of
"What is an Ombudsman?" book consisting of collection of articles,
published by Azerbaijan Young Lawyers' Union with financial support of ABA CEELI
and USAID, was conducted.
AYLU's chairman Nadir A. Adilov who began the ceremony with opening speech
has given comprehensive information to participants about the ongoing project.
He also noted that this "What is an Ombudsman?" book is not the only
one published within this project. So, the other book titled "Human Rights,
International Law and National Legislation" was also published and distributed
among participants of seminars conducted within the project (in Baku and Lenkoran)
and was in general distributed in other strata of population. Furthermore, taking
into account that the Ombudsman institution is new in Azerbaijan, the publication
of information booklet with circulation of 10000 issues (in Azeri and Russian)
with the purpose of informing the population is expected.
The authors of articles - Deputies Rabiyat Aslanova and Ali Houseinov, the
dean of law faculty of Baku State University Namik Aliyev, the Judge of Surakhani
District Court Vafaddin Ibayev, the teacher of International Law Faculty of
the "Azerbaijan" University, young lawyer Fakhri Akperov, the Chairman
of Citizens Rights Protection League Executive Commitee Sahib Mammadov, the
lawyer of ICNL Anar Kazimov - have addressed the presentation.
Other participants - the country director of ABA CEELI John Porter, the chief
of Human Rights Institute of National Academy of Science Rovshan Mustafayev,
NGO representatives Mehdi Mehdiyev, Avaz Hasanov, the project manager of NGO
Resource and Training Center Jafar Jafarov - have emphasized the important role
of this newly establishing Ombudsman Institution for the democracy development
and the importance of AYLU's project in population enlightenment.
At the end the Rule of Law Officer of the OSCE Office for Democratic Institutions
and Human Rights placed in Poland Gerald Staberock gave a speech. Mr. Staberock
thanked AYLU for invitation to the presentation and expressed his hope on that
Ombudsman who will be elected in parliament will play a great role in Human
Rights protection and development of democracy in Azerbaijan.
From International Organizations representatives of ABA CEELI - John Porter,
Lynette Anunesen and Jamila Mamedova, representatives of OSCE in Baku and Poland
- Gerald Staberock and Branislav Solovic, representative of UNDP NRTC - Jafar
Jafarov and representative of Danish Refugee Council - Ramil Isgandarov were
participated on the presentation.
Guldiyar Asadova
Information Manager of the Project.
The Letter from the CITIZENS' LABOR RIGHTS PROTECTION
LEAGUE
|
Dear friends,
Our organization's activists closely observed the "Ombudsman Law Education"
project implemented by your organization.
As a person closely participated in the project realization I can say that
this project was a really serious enlightenment campaign.
The project was directed to enlightenment of special target groups such as
NGO activists as well as to vast masses on Ombudsman institution, which is in
the process of establishment in Azerbaijan.
From this point, the project has achieved its goals. I specially value the
Internet activity within the project (web site and electronic digest) and conducting
TOT trainings in Baku and the regions concerning the Ombudsman institution.
I wish you success in your activity tended towards the civil society development.
I also want to express my gratitude to the organizations, which provided financial
assistance to the Young Lawyers' Union, such as ABA CEELI and USAID.
With the best regards,
Sahib Mammadov
Chairman of Executive Committee of the
CITIZENS' LABOR RIGHTS PROTECTION LEAGUE
Program Report
"What is an Ombudsman?"
project is implementing by Azerbaijan Young Lawyers' Union with the financial
support of ABA CEELI / USAID
January - March 2002
Legal enlightening actions through Mass media.
At the end of January the vice-chairs of AYLU - Guldiyar Asadova, Elmari Mamishev
and expert - Namik Alekperov are took part at the Russian language radio program
"Events and population" at the Azerbaijani National Teleradio Company.
At the program they talked about Ombudsman draft law, the future of Ombudsman
Institution in Azerbaijan. (The audiocasset of this program is attached).
- On January 15, 2002 in "Sherg" newspaper was published the
current enlightening article titled "What is an Ombudsman?".
- On January 16, 2002 in "AZERNEWS" newspaper information was
published about the project presentation titled "Ombudsman project presented".
- On January 16, 2002 in "Ideal" social law newspaper had been
published an enlightening article "What is an Ombudsman?".
- On January 23, 2002 in "Ideal" social law newspaper was published
the article titled "What is an Ombudsman?"
- On January 26, 2002 in "Telescope" newspaper had been published
an enlightening article "What is an Ombudsman?".
- On January 29, 2002 in "Sherg" newspaper was published the
enlightening article titled "What is an Ombudsman?".
- On January 30, 2002 in "Ideal" social law newspaper had been
published an enlightening article "What is an Ombudsman?".
- On January 30, 2002 in "Khalg Gazeti" newspaper had been
published information about the project presentation titled "Population
is being informed about the Ombudsman Institution".
- On February 1, 2002 in "Impuls" newspaper had been published
an article titled "Ombudsman Institution. In Lenkoran Enlightening is Going
on."
- On February 6, 2002 in "Ideal" social law newspaper had been
published an enlightening article "What is an Ombudsman?".
- On February 9-15, 2002 in "Telescope" newspaper had been
published an enlightening article "What is an Ombudsman?".
- On February 9-15, 2002 in "Telescope" newspaper had been
published an article titled "What is an Ombudsman?" collection of
articles was published"
- On February 12, 2002 in "Khalg djebhesi" newspaper had been
published an article titled "The book about Ombudsman".
- On February 12, 2002 in "Sherg" newspaper was published the
enlightening article titled "What is an Ombudsman?".
- On February 12, 2002 in "Respublika" newspaper was published
the enlightening article titled "What is an Ombudsman?".
- On February 12, 2002 in "Zerkalo" Russian language newspaper
had been published an article titled "What is an Ombudsman?"
- On February 12, 2002 in "Hurriyet" newspaper had been published
an article titled "What is an Ombudsman?" collection of articles was
published"
- On February 13, 2002 in "Ideal" social law newspaper had
been published an enlightening article "What is an Ombudsman?".
- On February 13, 2002 in "525" newspaper had been published
an enlightening article "What is an Ombudsman?" book.
- On February 13, 2002 in "Express" social newspaper had been
published an enlightening article "What is an Ombudsman?".
- On February 9-15, 2002 in "Telescope" newspaper had been
published an article titled "What is an Ombudsman?" collection of
articles was published"
- On February 13, 2002 in "Azernews" newspaper had been published
an article titled "Ombudsman data issued" .
- The chairman of AYLU - Nadir Adilov has gave an interview in "ANS-ChM"
radio FM channel and in TV Channel "ANS" in online program
"Good Mornig" and answered to the questions on Ombudsman activity
given by the journalist and the people that called to the program.
- On February 20-26, 2002 in "Uch nogte" newspaper had been
published an article titled "Courses on Ombudsman is organizing and "What
is an Ombudsman?" collection of articles was published".
- On February 21, 2002 in "Bakinskiy rabochiy" (in Russian)
newspaper had been published an article titled "Seminar on Ombudsman?".
- On February 21, 2002 in "Yeni Azerbaijan" newspaper had been
published an article titled "Ongoing enlightenment works on Ombudsman"
.
- On February 21, 2002 in "525" newspaper had been published
an article titled "Public awareness on Ombudsman".
- On February 21, 2002 in "Iki sahil" newspaper had been published
an article titled "What is an Ombudsman?" collection of articles was
published"
- On February 22, 2002 in "Impuls" newspaper had been published
an enlightening article "What is an Ombudsman?".
- On March 5, 2002 in "Edalet" newspaper had been published
an enlightening article "The main principles of the Ombudsman activity".
- On March 5, 2002 in "Sherg" newspaper was published the current
enlightening article titled "Complaints to the Ombudsman in case of human
rights violation".
- On March 5, 2002 in "Sherg" newspaper was published the current
enlightening article titled "The procedure of Complaints to the Ombudsman".
- On March 5, 2002 in "525" newspaper had been published an
article titled "Human Rights Commissioner".
- On March 5, 2002 in "Zerkalo" newspaper had been published
an article titled "What is an Ombudsman?".
- On March 6, 2002 in "Edalet" newspaper had been published
an enlightening article "The main principles of the Ombudsman activity".
- On March 6, 2002 in "Zerkalo" newspaper had been published
an article titled "Public defender".
- On March 6, 2002 in "525" social newspaper had been published
an enlightening article "Objectives of Ombudsman establishment ".
- On March 7, 2002 in "Edalet" newspaper had been published
an enlightening article "The main principles of the Ombudsman activity".
- On March 7, 2002 in "525" social newspaper had been published
an enlightening article "Objectives of Ombudsman establishment ".
- On March 7, 2002 in "Zerkalo" newspaper had been published
an enlightening article "Objectives of Ombudsman establishment ".
- On March 7, 2002 in "525" social newspaper had been published
an enlightening article "Ombudsman rights".
- On March 7, 2002 in "Olaylar" newspaper had been published
an enlightening article "The main principles of the Ombudsman activity".
- On March 8, 2002 in "525" newspaper had been published an
enlightening article titled "Public defender and NGOs".
- On March 8, 2002 in "Olaylar" newspaper had been published
an enlightening article "The main principles of the Ombudsman activity".
- On March 8, 2002 in "Zerkalo" newspaper had been published
an enlightening article "What is an Ombudsman?".
- On March, 2002 in "3rd sector news" of ISAR had
been published an article "What is an Ombudsman?".
- On March 10, 2002 in "Respublika" newspaper had been published
an information about the presentation of the book "What is an Ombudsman?".
- On March 12, 2002 in "Olaylar" newspaper had been published
an enlightening social advertisement article "The main principles of the
Ombudsman activity".
- On March 12-13, 2002 in "Zaman" newspaper had been published
an enlightening article "What is an Ombudsman?".
- On March 12, 2002 in "Zerkalo" newspaper had been published
an enlightening article "Human Rights Commissioner in Azerbaijan".
- On March 12, 2002 in "525" newspaper had been published an
information about the presentation of the book "What is an Ombudsman?".
- On March 12, 2002 in "525" newspaper had been published an
enlightening article titled "Public defender and NGOs".
- On March 13, 2002 in "Zerkalo" (in Russian) newspaper had
been published an enlightening social advertisement article "The rights
of Ombudsman on examining of complaints".
- On March 13, 2002 in "525" newspaper had been published an
enlightening social advertisement article ""Human Rights Commissioner
(Ombudsman) in Azerbaijan".
- On March 13, 2002 in "Olaylar" newspaper had been published
an enlightening social advertisement article "The procedure of examination
of complaints in Ombudsman institution".
- On March 13, 2002 in "Xalq gazeti" newspaper had been published
an information about the presentation of the book "What is an Ombudsman?.
- On March 13, 2002 in "Xalq djebhesi" newspaper had been published
an information about the presentation of the book "What is an Ombudsman?.".
- On March 13, 2002 in state newspaper "Azerbaijan" had been
published an information about the presentation of the book "What is an
Ombudsman?.".
- On March 13-19, 2002 in English "Azernews" newspaper had
been published information titled "Book on Ombudsman presented".
Measures:
- On January 31, 2002, has been held the meeting of the chairman of AYLU -
Nadir Adilov with the Deputy to the Head of Human Rights Co-operation and Awareness
Division, Directorate General of Human Rights of the Council of Europe - Christopher
Zeman .
- On February 2002, has been held the meeting of the chairman of AYLU - Nadir
Adilov with Rabiyyat Aslanova and Ali Houseynov.
- On February 19, 2002 has been held the meeting of the chairman of AYLU - Nadir
Adilov and vice-chairman of AYLU on international affairs - Ramil Isgandarov,
with the Human Rights Officer / project coordinator in Azerbaijan of the United
Nations High Commissioner for Human Rights - Branka Shesto.
- "Human Rights in International and National Legislation" and "
What is an Ombudsman?" books were published and distributed by volunteers.
Books were distributed among local NGO resource centers free of charge.
- The regular information will be placed on web site: (www.ombudsman.aylu.org)
- On January 24-27, 2002 in Lenkoran was conducted seminar concerning the Ombudsman
institution. The seminar was conducted by persons - Guldiyar Asadova, Nadir
Adilov, Elmari Mamishov - which have passed TOT trainings. The following NGO
representatives and other persons have successfully participated in seminar
and were given sertificates.
- On February 6-9, 2002 in Baku there was conducted the seminar concerning the
Ombudsman institution. The seminar was leading by persons - Ramil Isgandarov,
Nigar Melikova and Murad Yahyayev, which have passed TOT trainings. Expert was
Sahib Mammadov.Elmari Mamishov -. The following NGO representatives and other
persons have successfully participated in seminar and were given sertificates
- Meeting was held with National Deputy and vice-manager of the Human Rights
Commission Rabiyyat Aslanov
- On 6th March 2002, was held meeting with National Deputy and vice-manager
of the Milli Mejlis' Commission on Human Rights and State Protection Ali Huseynov.
- Meeting was held with the representative of the UN in Azerbaijan Branka Shesto.
- On 6th March 2002 was held meeting with National Deputy and vice-manager
of the Milli Mejlis' Commission on Human Rights Rabiyyat Aslanov.
Taking into consideration the auditoriums will, there, in Baku on 4-7 March
has been held trainings.
There has held trainings on ombudsman foundation. One of the goals of the training
was to train trainers (top training, training of trainers). The young only participated
in these trainings. Trainings consisted from 2 groups and were held within 3
days. The project expert Sahib Mammadov and the trainers from "the training
for trainers" project Ramil Isgandarov, Nigar Melikova and Murad Yahyayev
have held trainings in Baku for beneficiaries.
The first training course:
The first and the second days, thee were held seminars. On the third days training
was held. The trainings went on from 15:00 to 18:00 (including coffee brakes).
Published manual "who is an ombudsman?" was distributed among participants
and used as the core textbook. The other used sources were included into the
report. Successful 21 graduators had got certificates.
The second training course:
The first and the second days, thee were held seminars. On the third days training
was held. The trainings went on from 15:00 to 18:00 (including coffee brakes).
Published manual "who is an ombudsman?" was distributed among participants
and used as the core textbook. The other used sources were included into the
report. Successful 21 graduators had got certificates.
Legal enlightenment on Ombudsman establishment through the Internet and Email:
- The 3rd and 4th numbers of electronically digest "What
is an Ombudsman?" were been distributed among human rights NGOs and agencies
via email.
- Regularly AYLU have sent the press releases about project implementation
and about measures within the project.
-- The site of the project www.ombudsman.aylu.org
periodically updating. New links were been created and information was uploaded.
- After signing by the President the Constitutional Law of the Republic of Azerbaijan
on Human Rights Commissioner in Azerbaijan Republic" has been sent via
email to the NGOs , INGOs and other interested persons.
- The press releases on the status of the project, program reports, the law
on Ombudsman, information about the seminars in Baku, photos of the seminar
and other related materials were been placed in the official site of the project.
AMERICAN BAR ASSOCIATION
SECTION OF ADMINISTRATIVE LAW AND REGULATORY PRACTICE
SECTION OF BUSINESS LAW
SECTION OF DISPUTE RESOLUTIONSECTION OF STATE AND LOCAL GOVERNMENT LAW
GOVERNMENT AND PUBLIC SECTOR LAWYERS DIVISION
SENIOR LAWYERS DIVISION
COMMISSION ON THE LEGAL PROBLEMS OF THE ELDERLY
NATIONAL CONFERENCE OF ADMINISTRATIVE LAW JUDGES
STANDING COMMITTEE ON ENFIRONMENTAL LAW
REPORT TO THE HOUSE OF DELEGATES
RECOMMENDATION
RESOLVED, that the American Bar Association supports the greater use of "ombuds"
to receive, review, and resolve complaints involving public and private entities.
FURTHER RESOLVED, that the American Bar Association endorses the Standards for
the Establishment and Operation of Ombuds Offices dated August 2001. STANDARDS1
FOR THE ESTABLISHMENT AND OPERATION OF OMBUDS OFFICES
PREAMBLE
Ombuds2 receive complaints and questions from individuals
concerning people within an entity or the functioning of an entity. They work
for the resolution of particular issues and, where appropriate, make recommendations
for the improvement of the general administration of the entities they serve.
Ombuds protect: the legitimate interests and rights of individuals with respect
to each other; individual rights against the excesses of public and private
bureaucracies; and those who are affected by and those who work within these
organizations.
Federal, state and local governments, academic institutions, for profit businesses,
non-profit organizations, and sub-units of these entities have established ombuds
offices, but with enormous variation in their duties and structures. Ombuds
offices so established may be placed in several categories: A Classical Ombuds
operates in the public sector addressing issues raised by the general public
or internally, usually concerning the actions or policies of government entities
or individuals. An Organizational Ombuds may be located in either the public
or private sector and ordinarily addresses problems presented by members, employees,
or contractors of an entity concerning its actions or policies. Both types may
conduct inquiries or investigations and suggest modifications in policies or
procedures. An Advocate Ombuds may be located in either the public or private
sector and like the others evaluates claims objectively but is authorized or
required to advocate on behalf of individuals or groups found to be aggrieved.
As a result of the various types of offices and the proliferation of different
processes by which the offices operate, individuals who come to the ombuds office
for assistance may not know what to expect, and the offices may be established
in ways that compromise their effectiveness. These standards were developed
to provide advice and guidance on the structure and operation of ombuds offices
so that ombuds may better fulfill their functions and so that individuals who
avail themselves of their aid may do so with greater confidence in the integrity
of the process. Practical and political considerations may require variations
from these Standards, but it is urged that such variations be eliminated over
time.
The essential characteristics of an ombuds are:
- independence
- impartiality in conducting inquiries and investigations, and
- confidentiality.
ESTABLISHMENT AND OPERATIONS
A. An entity undertaking to establish an ombuds should do so pursuant to a
legislative enactment or a publicly available written policy (the "charter")
which clearly sets forth the role and jurisdiction of the ombuds and which authorizes
the ombuds to:
(1) receive complaints and questions about alleged acts, omissions, improprieties,
and systemic problems within the ombuds's jurisdiction as defined in the charter
establishing the office
(2) exercise discretion to accept or decline to act on a complaint or question
(3) act on the ombuds's own initiative to address issues within the ombuds's
prescribed jurisdiction
(4) operate by fair and timely procedures to aid in the just resolution of
a complaint or problem
(5) gather relevant information
(6) resolve issues at the most appropriate level of the entity
(7) function by such means as:
(a) conducting an inquiry
(b) investigating and reporting findings
(c) developing, evaluating, and discussing options available to affected
individuals
(d) facilitating, negotiating, and mediating
(e) making recommendations for the resolution of an individual complaint
or a systemic problem to those persons who have the authority to act upon
them
(f) identifying complaint patterns and trends
(g) educating
(h) issuing periodic reports, and
(i) advocating on behalf of affected individuals or groups when specifically
authorized by the charter
(8) initiate litigation to enforce or protect the authority of the office
as defined by the charter, as otherwise provided by these standards, or as
required by law.
QUALIFICATIONS
B. An ombuds should be a person of recognized knowledge, judgment, objectivity,
and integrity. The establishing entity should provide the ombuds with relevant
education and the periodic updating of the ombuds's qualifications.
INDEPENDENCE, IMPARTIALITY, AND CONFIDENTIALITY
C. To ensure the effective operation of an ombuds, an entity should authorize
the ombuds to operate consistently with the following essential characteristics.
Entities that have established ombuds offices that lack appropriate safeguards
to maintain these characteristics should take prompt steps to remedy any such
deficiency.
(1) Independence. The ombuds is and appears to be free from interference
in the legitimate performance of duties and independent from control, limitation,
or a penalty imposed for retaliatory purposes by an official of the appointing
entity or by a person who may be the subject of a complaint or inquiry.
In assessing whether an ombuds is independent in structure, function, and
appearance, the following factors are important: whether anyone subject to
the ombuds's jurisdiction or anyone directly responsible for a person under
the ombuds's jurisdiction (a) can control or limit the ombuds's performance
of assigned duties or (b) can, for retaliatory purposes, (1) eliminate the
office, (2) remove the ombuds, or (3) reduce the budget or resources of the
office.
(2) Impartiality in Conducting Inquiries and Investigations. The ombuds conducts
inquiries and investigations in an impartial manner, free from initial bias
and conflicts of interest. Impartiality does not preclude the ombuds from
developing an interest in securing changes that are deemed necessary as a
result of the process, nor from otherwise being an advocate on behalf of a
designated constituency. The ombuds may become an advocate within the entity
for change where the process demonstrates a need for it.
(3) Confidentiality. An ombuds does not disclose and is not required to disclose
any information provided in confidence, except to address an imminent risk
of serious harm. Records pertaining to a complaint, inquiry, or investigation
are confidential and not subject to disclosure outside the ombuds's office.
An ombuds does not reveal the identity of a complainant without that person's
express consent. An ombuds may, however, at the ombuds's discretion disclose
non-confidential information and may disclose confidential information so
long as doing so does not reveal its source. An ombuds should discuss any
exceptions to the ombuds's maintaining confidentiality with the source of
the information3.
LIMITATIONS ON THE OMBUDS'S AUTHORITY
D. An ombuds should not, nor should an entity expect or authorize an ombuds
to:
(1) make, change or set aside a law, policy, or administrative decision
(2) make binding decisions or determine rights
(3) directly compel an entity or any person to implement the ombuds's recommendations
(4) conduct an investigation that substitutes for administrative or judicial
proceedings
(5) accept jurisdiction over an issue that is currently pending in a legal
forum unless all parties and the presiding officer in that action explicitly
consent
(6) address any issue arising under a collective bargaining agreement or which
falls within the purview of any existing federal, state, or local labor or
employment law, rule, or regulation, unless the ombuds is authorized to do
so by the collective bargaining agreement or unless the collective bargaining
representative and the employing entity jointly agree to allow the ombuds
to do so, or if there is no collective bargaining representative, the employer
specifically authorizes the ombuds to do so, or
(7) act in a manner inconsistent with the grant of and limitations on the
jurisdiction of the office when discharging the duties of the office of ombuds.
REMOVAL FROM OFFICE
E. The charter that establishes the office of the ombuds should also provide
for the discipline or removal of the ombuds from office for good cause by means
of a fair procedure.
NOTICE
F. These standards do not address the issue whether a communication to the
ombuds will be deemed notice to anyone else including any entity in or for which
the ombuds acts. Important legal rights and liabilities may be affected by the
notice issue.
CLASSICAL OMBUDS
G. A classical ombuds is a public sector ombuds who receives complaints from
the general public or internally and addresses actions and failures to act of
a government agency, official, or public employee. In addition to and in clarification
of the standards contained in Paragraphs A-F, a classical ombuds:
(1) should be authorized to conduct independent and impartial investigations
into matters within the prescribed jurisdiction of the office
(2) should have the power to issue subpoenas for testimony and evidence with
respect to investigating allegations within the jurisdiction of the office
(3) should be authorized to issue public reports
(4) should be authorized to advocate for change both within the entity and
publicly
(5) should, if the ombuds has general jurisdiction over two or more agencies,
be established by legislation4 and be viewed as
a part of and report to the legislative branch of government.
ORGANIZATIONAL OMBUDS
H. An organizational ombuds facilitates fair and equitable resolutions of concerns
that arise within the entity. In addition to and in clarification of the standards
contained in Paragraphs A-F, an organizational ombuds should:
(1) be authorized to undertake inquiries and function by informal processes
as specified by the charter
(2) be authorized to conduct independent and impartial inquiries into matters
within the prescribed jurisdiction of the office
(3) be authorized to issue reports
(4) be authorized to advocate for change within the entity.
ADVOCATE OMBUDS
I. An advocate ombuds serves as an advocate on behalf of a population that
is designated in the charter. In addition to and in clarification of the standards
described in Paragraphs A-F, an advocate ombuds should:
(1) have a basic understanding of the nature and role of advocacy
(2) provide information, advice, and assistance to members of the constituency
(3) evaluate the complainant's claim objectively and advocate for change relief
when the facts support the claim
(4) be authorized to represent the interests of the designated population
with respect to policies implemented or adopted by the establishing entity,
government agencies, or other organizations as defined by the charter, and
(5) be authorized to initiate action in an administrative, judicial, or legislative
forum when the facts warrant.
Ombudsman in Slovenia
The basis for the foundation of the institution of Human Rights Ombudsman in
the Republic of Slovenia is found in the Constitution of the Republic of Slovenia,
which was adopted on 23 December 1991. Article 159 of the Constitution
prescribes that the institution of ombudsman for human rights and basic freedoms
should be founded in relation to various state bodies, local self-management
bodies and bodies in which public authority is invested. The second paragraph
allows the establishing of separate ombudsmen for individual fields, although
to date the prevailing solution has been the establishing of only one ombudsman
with a broad spectrum of responsibilities.
The Human Rights Ombudsman Law was passed in December 1993. The duties
and competencies of the ombudsman are based on the classical Scandinavian model.
The organisation and work methods of the Human Rights Ombudsman and the division
of fields of work and procedures and roles are determined in the Rules of
Procedure of the Human Rights Ombudsman.
By law, the Human Rights Ombudsman has above all the authority to obtain, from
state and other bodies which he can monitor, all data without regard to the
degree of confidentiality, to perform investigations and in this capacity to
call witnesses for questioning. At any time he may perform an inspection of
any state body or institution which restricts personal freedom, e.g. psychiatric
institutions. He does not have the authority to monitor the work of judges and
courts except in cases of improper delay of procedures or clear abuse of power.
One important competency of the ombudsman is the serving of the Constitutional
Court, together with the plaintiffs, with constitutional complaints due to the
violation of human rights. He can also address the Constitutional Court with
proposals for the assessment of the constitutionality of regulations without
the prior establishing of his legal interest by the Constitutional Court, as
is the case for other proposers (Article 23, 50 and 52 of the Law on
the Constitutional Court).
The competencies of the Human Rights Ombudsman are also stated in various other
laws. Article 65 of the Law on Consumer Protection speaks of the competencies
of the ombudsman in the field of consumer protection, and he is legally competent
for the ensuring of the right to a healthy living environment as a special area
of competence, which is prescribed by Article 15 of the Law on Environmental
Protection. Proposals for the initiation of procedures with the Human Rights
Ombudsman can, in accordance with Article 52 of the Law on Defence, be made
by military personnel if they believe that their rights or basic freedoms have
been restricted or violated during their military service.
1 - These standards expand on a 1969 ABA resolution
to address independence, impartiality, and confidentiality as essential characteristics
of ombuds who serve internal constituents, ombuds in the private sector, and ombuds
who also serve as advocates for designated populations.
2 - The term ombuds in this report is intended to encompass all
other forms of the word, such as ombudsperson, ombuds officer, and ombudsman,
a Swedish word meaning agent or representative. The use of ombuds here is not
intended to discourage others from using other terms.
3 - A classical ombuds should not be required to discuss confidentiality
with government officials and employees when applying this paragraph to the extent
that an applicable statute makes clear that such an individual may not withhold
information from the ombuds and that such a person has no reasonable expectation
of confidentiality with respect to anything that person provides to the ombuds
4 - The 1969 ABA Resolution, which remains ABA policy, provided
that a classical ombuds should be "appoint[ed] by the legislative body or
. . . by the executive with confirmation by the designated proportion of the legislative
body, preferably more than a majority, such as two thirds."
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