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Ombudsman

An ombudsman (/ˈɒmbʊdzmən/, also US: /-bədz-, -bʌdz-/), ombudombudsombudswomanombudsperson or public advocate is an official who is usually appointed by the government or by parliament (often with a significant degree of independence) to investigate complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation.

Ombudsmen sometimes also aim to identify systemic issues leading to poor service or breaches of people’s rights. At the national level, most ombudsmen have a wide mandate to deal with the entire public sector, and sometimes also elements of the private sector (for example, contracted service providers). In some cases, there is a more restricted mandate to a certain sector of society. More recent developments have included the creation of specialized children’s ombudsmen.

In some countries, an inspector general, citizen advocate or other official may have duties similar to those of a national Ombudsman and may also be appointed by a legislature. Below the national level, an ombudsman may be appointed by a state, local, or municipal government. Unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier, newspaper, NGO, or professional regulatory body.

In some jurisdictions, an ombudsman charged with handling concerns about national government is more formally referred to as the “parliamentary commissioner” (e.g. the United Kingdom Parliamentary Commissioner for Administration, and the Western Australian state Ombudsman). In many countries where the ombudsman’s responsibility includes protecting human rights, the ombudsman is recognized as the national human rights institution. The post of ombudsman had by the end of the 20th century been instituted by most governments and by some intergovernmental organizations such as the European Union. As of 2005, including national and sub-national level, a total of 129 offices of ombudsman have been established around the world.

Origins and etymology

A prototype of an ombudsman may have flourished in China during the Qin Dynasty (221 BC), and later in Korea during the Joseon Dynasty. The position of secret royal inspector, or amhaeng-eosa (암행어사, 暗行御史) was unique to the Joseon Dynasty, where an undercover official directly appointed by the king was sent to local provinces to monitor government officials and look after the populace while travelling incognito. The Roman Tribune had some similar roles, with power to veto acts that infringed upon the Plebeians. Another precursor to the ombudsman was the Diwān al-Maẓālim (دِيوَانُ الْمَظَالِمِ) which appears to go back to the second caliph, Umar (634–644), and the concept of Qaḍī al-Quḍāt (قَاضِي الْقُضَاةِ).[6] They were also attested in Siam, India, the Liao dynasty (Khitan Empire), Japan, and China.[7]

An indigenous Swedish, Norwegian, and Danish term, ombudsmanombudsmann or ombudsmand is etymologically rooted in the Old Norse word umboðsmaðr, essentially meaning ‘representative’ (with the word umbud/ombud meaning ‘proxy’, ‘attorney’; that is, someone who is authorized to act for someone else, a meaning it still has in the Scandinavian languages). In the Danish Law of Jutland from 1241, the term is umbozman and concretely means a royal civil servant in a hundred. From 1552, it is also used in other Nordic languages such as the Icelandic and Faroese umboðsmaður, the Norwegian ombudsmann/ombodsmann, and the Swedish ombudsman (pronounced [ˈɔ̂mːbʉːdsˌman]). The general meaning was and is approximately ‘a man representing (someone)’ (i.e., a representative) or ‘a man with a commission (from someone)’ (a commissioner). The Swedish-speaking minority in Finland uses the Swedish terminology. The various forms of the suffix -mand-maður, et cetera, are just the forms the common Germanic word represented by the English word man have in the various languages. Thus, the modern plural form ombudsmen of the English borrowed word ombudsman is likely;

but so was Emily O’Reilly‘s mild protest when she first was elected as the Ombudsman of Ireland:I will be an ombudswoman, but will have no difficulty in being referred to as either.

Use of the term in its modern use began in Norway, and was followed by Sweden with the Swedish Parliamentary Ombudsman instituted by the Instrument of Government of 1809, to safeguard the rights of citizens by establishing a supervisory agency independent of the executive branch. The predecessor of the Swedish Parliamentary Ombudsman was the Office of Supreme Ombudsman (Högste Ombudsmannen), which was established by the Swedish King, Charles XII, in 1713. Charles XII was in exile in Turkey and needed a representative in Sweden to ensure that judges and civil servants acted in accordance with the laws and with their duties. If they did not do so, the Supreme Ombudsman had the right to prosecute them for negligence. In 1719 the Swedish Office of Supreme Ombudsman became the Chancellor of Justice. The Parliamentary Ombudsman was established in 1809 by the Swedish Riksdag, as a parallel institution to the still-present Chancellor of Justice, reflecting the concept of separation of powers as developed by Montesquieu.

The Parliamentary Ombudsman is the institution that the Scandinavian countries subsequently developed into its contemporary form, and which subsequently has been adopted in many other parts of the world. The word ombudsman and its specific meaning have since been adopted in various languages, such as Dutch. The German language uses OmbudsmannOmbudsfrau and Ombudsleute. Notable exceptions are French, Italian, Spanish and Finnish, which use translations instead. Modern variations of this term include ombudombudsombudsperson, or ombudswoman, and the conventional English plural is ombudsmen. In Nigeria, the ombudsman is known as the Public Complaints Commission or the ombudsman.

In politics

In general, an ombudsman is a state official appointed to provide a check on government activity in the interests of the citizen and to oversee the investigation of complaints of improper government activity against the citizen. If the ombudsman finds a complaint to be substantiated, the problem may get rectified, or an ombudsman report is published making recommendations for change. Further redress depends on the laws of the country concerned, but this typically involves financial compensation. Ombudsmen in most countries do not have the power to initiate legal proceedings or prosecution on the grounds of a complaint. This role is sometimes referred to as a “tribunician” role, and has been traditionally fulfilled by elected representatives – the term refers to the ancient Roman “tribunes of the plebeians” (tribuni plebis), whose role was to intercede in the political process on behalf of common citizens.

The major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing. However, the ombudsman system relies heavily on the selection of an appropriate individual for the office, and on the cooperation of at least some effective official from within the apparatus of the state. The institution has also been criticized: “Ombudsmen are relics of absolutism, designed to iron out the worst excesses of administrative arbitrariness while keeping the power structures intact.”

In organizations

Main article: Organizational ombudsman

Many private companies, universities, non-profit organisations and government agencies also have an ombudsman (or an ombuds office) to serve internal employees, and managers and/or other constituencies. These ombudsman roles are structured to function independently, by reporting to the CEO or board of directors, and according to International Ombudsman Association (IOA) Standards of Practice they do not have any other role in the organisation. Organisational ombudsmen often receive more complaints than alternative procedures such as anonymous hot-lines.

Since the 1960s, the profession has grown in the United States, and Canada, particularly in corporations, universities and government agencies. The organizational ombudsman works as a designated neutral party, one who is high-ranking in an organization, but who is not part of executive management. Using an alternative dispute resolution (ADR) or appropriate dispute resolution approach, an organisational ombudsman can provide options to whistleblowers or employees and managers with ethical concerns; provide coaching, shuttle diplomacy, generic solutions (meaning a solution which protects the identity of one individual by applying to a class of people, rather than just for the one individual) and mediation for conflicts; track problem areas; and make recommendations for changes to policies or procedures in support of orderly systems change.

Ombudsman services by country

For specific ombudspersons or commissioners for children or young people, also see Children’s ombudsman#Children’s Ombudsman services by country.

Albania

Main article: Avokati i Popullit

The People’s Advocate (ombudsman) of the Republic of Albania (Albanian: Avokati i Popullit) was envisaged in Chapter VI of the Albanian Constitution approved in November 1998 (articles 60–63 and 134). Article 60 states that “The People’s Advocate defends the rights, freedoms and lawful interests of individuals from unlawful or improper actions or failures to act of the organs of public administration.”[13] The Parliament passed the Law on the People’s Advocate, Law No. 8454, in February 1999. The People’s Advocate is elected by three-fifths of all members of the Assembly for a five-year period, with the right of re-election. The Law has since been amended by Law No. 8600, of 10 April 2000, and Law No. 9398, of 12 May 2005.

The current Ombudsman is Erinda Ballanca, elected on 22 May 2017, succeeding Igli Totozani, elected on 23 December 2011, and Dr Emir Dobjani who had served since February 2000.

Andorra

In the Principality of Andorra, the ombudsman is called Raonador del Ciutadà.

Argentina

The Defensor del Pueblo de la Nación Argentina [es] (The People’s Defender of The Nation of Argentina), established in Article 86 of the Constitution, is an independent body related to the Argentine National Congress with functional autonomy, as it does not receive instructions from any authority and enjoys same immunities and privileges as a legislator.

The principal functions are, first, the defense of human rights and other rights, guarantees and interests protected by the Constitution, to acts or omissions of public administration, and secondly, the control of public administrative functions. By law, the Defender should be elected by the vote of 2/3 of the members present in each branch of Congress for a period of five years and may be reappointed.

However, no replacement was elected to fill the position, when the period of office ran out for the last person actually holding the office, Eduardo René Mondino, in 2008. Thus, the position has been vacant since 2009.

Armenia

Main article: Human Rights Defender of Armenia

The office of the Human Rights Defender, or Ombudsman, of Armenia was created through legislation in October 2003. The Human Rights Defender describes the goal of the office as the protection and restoration of human rights and fundamental freedoms. It also receives citizen complaints against state and local officials. In February 2004, Larisa Alaverdyan was appointed to the office by presidential decree. The second ombudsman was Armen Harutyunyan, who was elected by the National Assembly under article 83.1 of the Constitution on 17 February 2006, obtaining more than 3/5 votes of deputies. Karen Andreasyan was the third Human Rights Defender of Armenia. On 2 March 2011, the National Assembly elected the new Ombudsman, with 83 parliamentarians voting for and 13 against. Karen Andreasyan assumed his responsibilities as Human Rights Defender of Armenia on 3 March 2011. The fourth Ombudsman, Arman Tatoyan, was elected by the National Assembly in February 2016. Tatoyan was the former deputy Minister of Justice.[21] Since 24 January 2022, Kristinne Grigoryan was elected as the fifth Human Rights Defender of Armenia by the National Assembly.

Australia

Main article: Ombudsmen in Australia

The first ombudsman created in Australia was the Western Australian Ombudsman in 1971, followed shortly by the South Australian Ombudsman in 1972 and the Victorian Ombudsman in 1973. The Commonwealth Ombudsman in Australia was established in 1976. The Ombudsman can investigate complaints about the actions and decisions of Australian Government departments and agencies, the services delivered by most private contractors for the Australian Government, and oversee complaint investigations conducted by the Australian Federal Police.

There are also ombudsman agencies in each state, a number of industry based ombudsmen, children’s commissioners and many other complaint-handling and review agencies, as detailed in the main article.

Austria

The three-member Ombudsman Board (German: Volksanwaltschaft, literally People’s Representative) was created in 1977 as an independent authority monitoring Austria‘s entire public administration. It checks the legality of decisions by authorities and examines possible cases of maladministration. The members are appointed by parliament for six-year terms.

There are also children’s ombudsman offices.

Azerbaijan

The Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan is also the country’s national human rights institution, initially accredited with A status by the International Co-ordinating Committee of NHRIs. GANHRI downgraded it to B status in May 2018. The first ombudsman, Elmira Süleymanova, was elected by the Parliament on 2 July 2002, and was reappointed in 2010 for a second term. Suleymanova (born 1937), formerly a professor of chemistry, had been active in the women’s movement in Azerbaijan.[25] In November 2021, Parliament chose Sabina Aliyeva as the new ombudsperson. According to many international organizations and publications, Azerbaijan is one of the worst countries for journalists and human rights defenders in the world. The ombudsman’s office has been criticized for turning a blind eye to complaints of torture and oppression of activists and the opposition.

Barbados

Under the Ombudsman Act 1980, the Ombudsman of Barbados is appointed by the Governor-General with the approval of both houses of the legislature. The current Ombudsman of Barbados is Valton Bend, a former Magistrate.

Bahrain

The Bahraini Ombudsman (Arabic: الأمانة العامة للتظلمات) is an independent secretariat, financially and administratively, in the Ministry of the Interior of Bahrain established to ensure compliance with professional standards of policing set forth in the Code of Conduct for the Police, as well as in the administrative regulations governing the performance of civil servants. It operates within a general framework that includes respect for human rights and the consolidation of justice, the rule of law and the public confidence, in line with Recommendation 1717 and Recommendation 1722 Paragraph (d) in the report by the Bahrain Independent Commission of Inquiry (BICI). The Ombudsman assumes its authority and mission in full independence with respect to the complaints it receives against any civilian or public security personnel in the Ministry of the Interior of Bahrain for alleged criminal offense because of, during or as result of their scope of responsibilities. In addition, the Ombudsman informs the competent authority in the Ministry of the Interior of Bahrain to take disciplinary action against violators employed by the ministry. It also informs the public prosecutor in the cases that constitute criminal offenses. It updates both the complainant and the defendant about the steps taken to investigate the complaints and the conclusions of the investigations.

Belgium

Belgium has one federal and four regional statutory ombudsman agencies, all covering the normal range of complaint-handling, investigation and mediation within the respective jurisdictions of their founding legislature.

  • The office dealing with complaints against the federal authorities is the Federal Ombudsman (Dutch: de federale Ombudsman, French: le Médiateur fédéral, German: der föderale Ombudsmann). The office was established in 1997.[28]
  • The Vlaamse Ombudsdienst (Vlaamse Ombudsdienst) was established by the Flemish Parliament by decree of 7 July 1998 (the Ombudsdecreet).[29]
  • The Walloon Ombudsman (Médiateur de la Région Wallonne), established by decree of the Walloon Parliament of 22 December 1994, seeks to help any person, natural or legal, who is experiencing difficulties with the Walloon regional authorities to arrive at a solution without litigation.[30]
  • The French Community Ombudsman (Médiateur de la Communauté française), created by the Parliament of the French Community by decree of 20 June 2002, is responsible for handling complaints of citizens who encounter a problem with any administrative unit of the French Community. Its mission is to promote dialogue between the citizen and the administration concerned.[31]
  • In the smallest linguistic region, the Ombudsman of the German-Speaking Community (Ombudsmann der Deutchsprachigen Gemeinschaft) was created by decree of 26 May 2009. This requires the Ombudsman to mediate between citizens and administrative authorities and seek alternative way to resolve conflicts, to settle disputes and, in some cases, to avoid litigation. In its plenary session of 17 May 2010, the Parliament of the German-speaking Community appointed Cedric Langer for a term of six years as the first Ombudsman.

Belgium also has separate children’s commissioners for the French and Flemish communities. There is a Pensions Ombudsman service (Ombudsdienst PensioenenService de médiation PensionsOmbudsmann für Pensionen) at the federal level.

Bermuda

The Office of the Ombudsman for Bermuda was established by the Bermuda Constitution and is governed by the Ombudsman Act 2004. The first National Ombudsman for Bermuda, Arlene Brock, was appointed on 1 August 2005 by the Governor after consultation with the Premier who first consulted with the Opposition Leader. The Ombudsman investigates complaints about the administrative actions of Public Authorities, including Government Departments, Boards and Bodies established or funded by the Legislature.

Bosnia and Herzegovina

The Institution of Human Rights Ombudsman/Ombudsmen of Bosnia and Herzegovina is also the country’s UN-accredited national human rights institution It was created by law in 2004.

While the ombudsman’s Child Rights Section is a member of the Children’s Ombudsman network, there is a separate children’s ombudsman in Republika Srpska.

Brazil

In Brazil the Ministério Público (Public Ministry) plays the role of ombudsman. It is an independent entity that, according to the Constitution, has the function of ensuring the effective respect of Public Authorities, public services of relevance and the rights guaranteed in the Constitution, promoting the necessary measures to guarantee them.

Bulgaria

The Ombudsman of the Republic of Bulgaria (Bulgarian: Омбудсман на Република България, Ombudsman na Republika Balgariya) is the national human rights institution, in addition to the normal range of functions in relation to maladministration. The institution was created as the ‘Citizen’s Defender’ (Граждански защитник, Grazhdanski zashtitnik) in 1998 but the first Ombudsman was elected in April 2005. Since 3 September 2019 the office has been held by Diana Kovacheva.[40] There are also regional ombudsmen (Citizen’s Mediators, Граждански посредници, Grazhdanski posrednitsi) in most parts of the country.

Cayman Islands

The Ombudsman of the Cayman Islands is responsible for classical parliamentary ombuds work in addition to freedom of information, protection of privacy, whistleblower complaints and oversight of public complaints about police conduct. The office was created in 2017 when the previous Office of the Complaints Commissioner and Office of the Information Commissioner were combined and the additional responsibilities were added (privacy, whistleblower complaints and oversight of policy). Sandy Hermiston was appointed the first Ombudsman in September of 2017. Sharon Roulstone was appointed as Ombudsman in 2022 when Hermiston returned to Canada to take up her appointment as Prince Edward Islands’s first Ombudsperson.

Canada

In Canada, ombudsman offices are present in most departments of the federal government, in many provincial and municipal governments as well as in Crown Corporations such as CBC and Canada Post. There is an Ombudsman for the Department of National Defence and the Canadian Forces, an Office of the Procurement Ombudsman, an Office for the Ombudsman for the Victims of Crimes, an Office of the Taxpayers’ Ombudsperson and an Office of the Veterans Ombudsman.

There are also several independent ombuds offices in Canada, including the Ombudsman for Banking Services and Investments and various child advocate offices.

While Canada has no single national legislative ombudsman, ten Canadian provinces and one territory have parliamentary ombudsmen (sometimes called “citizens’ protector” or “citizens’ representative”) in the classical/legislative tradition, who oversee the provincial government and receive and investigate public complaints. They are:

  • Alberta Ombudsman, established 1967;
  • Office of the Ombudsperson, British Columbia;
  • Ombudsman Manitoba, established 1970;
  • New Brunswick Ombudsman’s Office, established 1967
  • Citizens’ Representative of Newfoundland and Labrador;
  • Nova Scotia Office of the Ombudsman, established 1970;
  • Ontario Ombudsman, established 1975
  • Ontario Patient Ombudsman, established 2015
  • Quebec Ombudsman (French: Le Protecteur du citoyen), established 1968;
  • Ombudsman Saskatchewan, established 1972;
  • Office of the Yukon Ombudsman and Information & Privacy Commissioner; and
  • Ombudsperson Prince Edward Island, established 2022.

Chile

Chile remains in 2012 the only country in South America without a national ombudsman office, although one was envisaged in a constitutional reform proposed in the Senate by the President in 2000. Indeed, Chile is not listed as having an ombudsman on the website of the Ibero-American Federation of Ombudsmen. There exists, however, a Capítulo Chileno del Ombudsman, or ‘Chilean Ombudsman Chapter’, an organisation lobbying for the introduction of a national ombudsman.

Some other public bodies, such as the National Institute of Human Rights (Instituto Nacional de Derechos Humanos) or the Transparency Council (Consejo para la Transparencia), have quasi-ombudsman functions, in that their statutes allow them to appeal to the legislature and judiciary for protection and development of fundamental rights. However, unlike many other ombudsman agencies, they do not have constitutional status, but were created by ordinary statutes.[64][65]

Colombia

Main article: Ombudsman’s Office of Colombia

The People’s Defender (Spanish: Defensoría del Pueblo) or Ombudsman’s Office of Colombia is the national agency in charge of overseeing the protection of civil and human rights within the legal framework of the state of Colombia.

Costa Rica

The ombudsman office in Costa Rica, which is also the national human rights institution, is unique in bearing the name Defender of the Inhabitants (Spanish: Defensoría de los Habitantes). In 1993 it absorbed a former children’s ombudsman office.

Cyprus

The Commissioner for Administration (Greek: Γραφείο Επιτρόπου Διοικήσεως), usually referred to as the Ombudsman, is an Independent Authority in Cyprus and was established on 15 March 1991. The office is currently held by Maria Stylianou-Lottides.

There is also a Commissioner for Children’s Rights.

Czech Republic

The Public Defender of Rights (Czech: Veřejný ochránce práv) of the Czech Republic is more frequently referred to simply as ombudsman. The office was established in 1999. It has the traditional ombudsman role of mediating between complainants and officials in public bodies, but has no direct means or mechanisms of enforcement. Should the relevant body fail to provide a remedy, the ombudsman may refer the matter to the government. Following the death in office of the first ever Czech ombudsman, Otakar Motejl, in May 2010, former Constitutional Court judge Pavel Varvařovský was elected to the office by the lower house of parliament in September 2010.[67][68] After his resignation in December 2013, Anna Šabatová, a deputy-ombudswoman from 2001 to 2007, was elected and sworn to the office in February 2014.

Denmark

  • The Parliamentary Ombudsman (Danish: Folketingets Ombudsmand) was established in Denmark in 1955 to investigate complaints brought by an individual or ex officio in all matters relating to public governance, including maladministration by central or local authorities, on a case-by-case basis and on a general scale. The ombudsman’s main areas of expertise include administrative law; constitutional law; the rights of inmates in correction facilities; and access to information. The ombudsman is appointed by the Parliament of Denmark.
  • The Consumer Ombudsman (Forbrugerombudsmanden) was established in 1974 to ensure that the consumer protection and marketing rules are complied with by private undertakings. The ombudsman can ultimately institute legal proceedings before the Copenhagen Maritime and Commercial Court.
  • In February 2011 the Danish government turned down a request from a United Nations committee to create the position of Ombudsman for Children (Børneombudsmand). The government instead opted to create a specialized “children’s office” (Børnekontor) as a part of the existing Ombudsman institution.

(Also note that the highest representatives of the Danish government in the Faroe Islands and Greenland, are called Royal Ombudsmen (Rigsombudsmænd) since 1948 and 1979, respectively. However, here the word is used more in its older general meaning of commissioner. See High Commission of Denmark, Tórshavn and High Commission of Denmark, Nuuk, respectively.)

Ecuador

In Ecuador, the officer known as People’s Defender (Spanish: Defensor del Pueblo) performs the functions of an ombudsman.

El Salvador

The country of El Salvador has a Human Rights Procurator, also referred to as ombudsman (Spanish: Procurador para la Defensa de los Derechos Humanos).

Estonia

The Chancellor of Justice (Estonian: Õiguskantsler) of Estonia is an independent supervisor of the basic principles of the Constitution of Estonia and the protector of individual rights. The function of ombudsman was entrusted to the Chancellor of Justice in 1999. The Chancellor of Justice monitors whether state agencies comply with people’s fundamental rights and freedoms and with the principles of good governance. In 2004 the ombudsman functions expanded to cover local governments, legal persons in public law and private persons who exercise public functions.

European Union

The European Ombudsman was established by the Maastricht Treaty, the treaty establishing the European Union.[72] The current European Ombudsman, holding office since 1 October 2013, is Emily O’Reilly, former national ombudsman of Ireland. The European Union Ombudsman investigates claims by individuals or companies which reside or have their interests within the European Union against incidents of bad administration by bodies or institutions of the European Union.

Finland

In Finland the office of Parliamentary Ombudsman (Finnish: Eduskunnan oikeusasiamies, Swedish: Riksdagens justitieombudsmannen), modelled after the Swedish Ombudsman, was established by the Constitution of 1919. The Ombudsman is appointed by Parliament, and has the task of ensuring that all government departments and officials follow the law. The Parliamentary Ombudsman shares many duties with the Chancellor of Justice. The Ombudsman has wide-ranging oversight and investigative powers, has access to all government facilities, documents and information systems and can order a police investigation if necessary. If the Ombudsman determines that a government official has not acted in accordance with the law she or he can advise on the proper application of the law, reprimand the official or in extreme cases order a criminal prosecution. Partly because of the prosecutorial powers, the office enjoys considerable respect and the Ombudsman’s legal opinions are usually strictly followed, carrying a lot of weight in the absence of a court precedent.

There are also special ombudsmen for gender equality (Finnish: Tasa-arvovaltuutettu/Swedish: Jämställdhetsombudsmannen), children’s welfare (Finnish: Lapsiasiavaltuutettu/Swedish: Barnombudsmannen), protection against discrimination (Finnish: Yhdenvertaisuusvaltuutettu/Swedish: Diskrimineringsombudsmannen), data protection, and consumer protection, operating under the auspices of various ministries and other government agencies. Every health care provider in Finland is legally obliged to have a patients’ rights ombudsman.

France

Main article: Defender of Rights (France)

In 1973, the French Government created an office of ombudsman (French: Médiateur de la République). A reform in May 2011 merged that office with the Children’s Ombudsman (Défenseur des enfants), the equality authority (Haute autorité de lutte contre les discriminations et pour l’égalité, HALDE) and the body supervising the conduct of police and other security agencies, the Commission nationale de déontologie de la sécurité (CNDS), creating a new body named the Defender of Rights (Défenseur des droits). In July 2011 Dominique Baudis was appointed to the office by the Council of State on the nomination of the Prime Minister, for a single six-year term but died in April 2014. In June 2014, former minister Jacques Toubon was chosen for the following six years. Since 22 July 2020, the role has been held by former journalist and anti-poverty campaigner Claire Hédon.[76]

Georgia

Main article: Public Defender of Georgia

The Public Defender (Ombudsman) of Georgia (Georgian: სახალხო დამცველი) is a national human rights institution. The office was established by Parliament in 1997. The Public Defender is elected for a six-year term by a parliamentary majority, and must follow the Constitution and the law, as well as the universally recognized principles and rules of international law, and international treaties and agreements concluded by Georgia. The Public Defender supervises the protection of human rights and fundamental freedoms, investigates violation of human rights and assists in securing redress. The office supervises the activities of national or local public authorities, public officials and legal persons, evaluates all acts passed by them and gives recommendations and proposals. The office also conducts human rights education.[77]

Germany

The nearest equivalent to a federal ombudsman service in Germany is the Parliamentary Petitions Committee (German: Petitionsausschuss Deutscher Bundestag), which receives and investigates complaints of maladministration. There are a number of sectoral ombudsmen, including the Parliamentary Military-Ombudsman (Wehrbeauftragter des Deutschen Bundestages) and the Ombudsman Institution for Public Transport (Schlichtungsstelle für den öffentlichen Personenverkehr e.V., SÖP).

Gibraltar

The Gibraltar Public Services Ombudsman is an independent authority whose functions are to investigate complaints received from the general public about acts of maladministration by the Government of Gibraltar and certain public bodies and contractors. The Office of the Ombudsman came into being in April 1999 with the appointment of Henry Pinna as Gibraltar’s first Public Services Ombudsman.

Greece

The Citizen’s Advocate (ombudsman) of Greece (Greek: Συνήγορος του Πολίτη) was created in 1998 as an Independent Authority. Following the resignation of Professor Georgios Kaminis in September 2010, the duties of the Citizen’s Advocate passed to Deputy Ombudsman Kalliopi Spanou. The Advocate is assisted by six Assistant Advocates, who coordinate the activities of the Advocate’s office in the six thematic areas in which the office has authority: i) civil rights, ii) social protection, iii) quality of life, iv) state-citizen relationships, v) children’s rights, and vi) gender equality.[81]

Hong Kong

The Office of The Ombudsman, known as the Commission for Administrative Complaints until 1994, is an independent statutory authority, established in 1989 under the Commissioner for Administrative Complaints Ordinance 1988, to redress grievances arising from maladministration in the public sector through independent and impartial investigations to improve the standard of public administration.

Hungary

After 1989, the end of the communist era multiple Parliamentary Commissioner (Hungarian: Országgyűlési biztos), or ombudsman, posts were created:

  • Commissioner for Civil Rights (Állampolgári jogok biztosa)
  • Privacy Commissioner (Adatvédelmi biztos)
  • Commissioner for Minority Rights (Kisebbségi jogok biztosa)
  • Ombudsman for Future Generations (A jövő nemzedékek ombudsmanja, from 2008)

As of 1 January 2012, the four ombudsmen merged into one office of Commissioner for Fundamental Rights (Alapvető jogok biztosa).

Iceland

The post of Althing Ombudsman (Icelandic: Umboðsmaður Alþingis) was set up in 1987 under the terms of law number 13/1987, which deals with complaints against the government. The ombudsman’s authority was expanded to local government levels in the 1997 law number 85/1997. The ombudsman is appointed for a four-year term by the parliament (Althing or Alþingi). The Ombudsman aims to safeguard the rights of the citizens vis-à-vis the State and local authorities, and to promote equality and good administrative practice.

India

The Government of India has designated several ombudsmen (sometimes called Chief Vigilance Officer (CVO)) for the redress of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations.[83] The CVC (Central Vigilance Commission) was set up on the recommendation of the Santhanam Committee (1962–64).

Lokpal

Main article: Lokpal

In India, the Ombudsman is known as the Lokpal or Lokayukta. An Administrative Reforms Commission (ARC) was set up on 5 January 1966 under the Chairmanship of Shri Morarji Desai. It recommended a two-tier machinery: Lokpal at the Centre (parliamentary commissioner, as in New Zealand) and one Lokayukta each at the State level for redress of people’s grievances. However, the jurisdiction of the Lokpal did not extend to the judiciary (as in case of New Zealand). The central Government introduced the first Lokpal Bill, Lokpal and Lokayuktas Bill in 1968, and further legislation was introduced in 2005. Final bill, after all the amendments, has been passed in Rajya Sabha on 17 December 2013 and passed in Loksabha on 18 December 2013.

Lokayukta

Main article: Lokayukta

The state-level Lokayukta institution has developed gradually. Orissa was the first state to present a bill on establishment of Lokayukta in 1970, but Maharashtra was the first to establish the institution, in 1972. Other states followed: Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988), Delhi (1995), Punjab (1996), Kerala (1998), Chhattishgarh (2002), Uttaranchal (2002), West Bengal (2003) and Haryana (2004). The structure of the Lokayukta is not uniform across all the states. Some states have UpaLokayukta under the Lokayukta and in some states, the Lokayukta does not have suo moto powers of instigating an enquiry.

Kerala State has an Ombudsman for Local Self Government institutions like Panchayats, Municipalities and Corporations. The ombudsman can enquire/investigate into allegations of action, inaction, corruption and maladministration. A retired Judge of the High Court is appointed by the Governor for a term of three years, under the Kerala Panchayat Raj Act.

In the State of Rajasthan, the Lokayukta institution was established in 1973 after the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 was passed by the State Legislature.

Non-banking financial companies

The Reserve Bank of India launched an “Ombudsman Scheme” for redress of complaints against non-banking financial companies (NBFCs) free of charge

This scheme is applicable to only those NBFCs which:

  • Have assets of more than ₹1,000,000,000; AND/OR
  • Accept deposits.

The complainant can file the complaint with the NBFC Ombudsman under whose jurisdiction the branch or registered office of the NBFC falls in the following cases:

  • If the NBFC does not reply within a period of one month after receipt of the complaint;


This post first appeared on Nyongesa Sande, please read the originial post: here

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