[AT-Review] WG#4 refs as discussed re Omb Off
Cheryl Langdon-Orr
langdonorr at gmail.com
Tue Oct 12 13:04:32 UTC 2010
References discussed at WG#4 as discussed... Just a few pointer for BG
on Independence mechanisms and criteria
http://www.abanet.org/adminlaw/ombuds/essentiala.html
http://www.ombudsmanforum.ca/events/2003_conference/pettigrew_law_e.asp
http://www.ombudsman.on.ca/en/media/speeches/2009.aspx
Also of relevance is the baseline expectations stated for ombudsman offices
concerned with Human Rights under the Paris Principals here
http://www.coe.int/t/commissioner/Viewpoints/060918_en.asp partly quoted
below... for me where you read Government insert Organisation...
According to the Paris Principles, independence must be guaranteed by law
and must govern the method by which office holders are appointed. If
governments fail to respect the integrity of ombudsmen, the institutions
will not be able to function properly.
Ombudsmen must be free to look into any issue falling within their
competence without prior approval from the authorities. It is essential for
them to be able to collect all and any kind of evidence that is relevant for
their work.
Importantly, the office of the ombudsman has to be adequately funded to
allow it “to be independent of the government and not subject to financial
control which might affect its independence” (quoting the Paris Principles).
Resources are needed in order to make sure that all complaints are handled
free of charge, in a speedy and efficient manner, with only a minimum degree
of mandatory formality.
This is essential for the credibility of the institution. Ombudsmen should
be able to reach out to society at large, they should be well known and easy
to approach. This, in turn, may require funds for the establishment of
additional offices outside metropolitan areas.
Ombudsmen benefit significantly from the exchange of best practice with
their colleagues in other countries, and from sharing information about how
international and European human rights standards can be best applied. In
the organisation of such exchanges, the European Ombudsman and various
international groupings of ombudsmen – such as the International and the
European Ombudsman Institutes – have an important role.
Cheryl Langdon-Orr
(CLO)
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