Ombudsman: Mbudsperson, Ombud, Ombuds, or Public Advocate Is An Official Who Is Charged With
Ombudsman: Mbudsperson, Ombud, Ombuds, or Public Advocate Is An Official Who Is Charged With
Sign in Banjul, capital of The Gambia, giving directions to the ombudsman's office
An ombudsman (/ˈɒmbʊdzmən/, also US: /-bədz-, -bʌdz-/,[1][2][3] Swedish: [ˈɔ̂mːbʉːdsˌman]), o
mbudsperson, ombud, ombuds, or public advocate is an official who is charged with
representing the interests of the public by investigating and addressing complaints of
maladministration or a violation of rights. The ombudsman is usually appointed by the
government or by parliament but with a significant degree of independence. 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.
The typical duties of an ombudsman are 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, for example with particular sectors of society. More recent
developments have included the creation of specialized Children's
Ombudsman and Information Commissioner agencies.
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.
Contents
In politics[edit]
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."[10]
In organisations[edit]
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.[11]
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[edit]
Albania[edit]
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."[12] 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,[13] succeeding Igli Totozani, elected on 23
December 2011,[14] and Dr Emir Dobjani who had served
since February 2000.[15]
Andorra[edit]
In the Principality of Andorra, the ombudsman is
called Raonador del Ciutadà.[16][17]
Argentina[edit]
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.[18]
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.[19]
Armenia[edit]
Main article: Human Rights Defender of Armenia
The office of Human Rights Defender, or Ombudsman,
of Armenia was created by law in October 2003. The
official website describes the goal of the office as the
protection and restoration of human rights and fundamental
freedoms. It receives 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, for what was intended to be a six-year term
commencing on 20 February. The 2003 law governing the
office was amended later in 2006, 2008 and 2010. Karen
Andreasyan was the third human rights defender
in Armenia. On 2 March 2011, the National Assembly
of Armenia elected the new Armenian Ombudsman, with
83 parliamentarians voting for and 13 against. Karen
Andreasyan assumed his responsibilities as Human Rights
Defender of Armenia as of 3 March 2011.
The current Human Rights Defender, Arman Tatoyan, was
elected by the National Assembly in February 2016, and
became the fourth ombudsman of Armenia. Arman Tatoyan
was the former deputy Minister of Justice. [20]
Australia[edit]
Main article: Ombudsmen in Australia
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.[21]
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[edit]
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.[22]
There are also children's ombudsman offices.
Azerbaijan[edit]
The Commissioner for Human Rights (Ombudsman) of
the Republic of Azerbaijan is also the country's national
human rights institution, accredited with A status by
the International Co-ordinating Committee of NHRIs. 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.[23] In 2022, she will be 20 years in
her office. According to many international organizations
and publications, Azerbaijan is one of the worst countries
for journalists and human rights defenders in the world.
Ombudsman usually criticize independent media and
human rights defenders and praise government.
Barbados[edit]
Under the Ombudsman Act 1980, the Ombudsman of
Barbados[24] 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[edit]
The Bahraini Ombudsman (Arabic: ) األمانة العامة للتظلماتis an
independent secretariat, financially and administratively, in
the Ministry of Interior 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 Interior 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 Interior 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[edit]
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 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.
(The highest representative of the Danish
government in Greenland is called the Royal
Ombudsman (Rigsombudsmanden) since 1979.
However, here the word is used more in its older
general meaning of commissioner.)
In February 2011 the Danish government turned
down a request from a United Nations committee
to create the position of Ombudsman for
Children (Børneombudsmand).[64] The
government instead opted to create a specialized
"children's office" (Børnekontor) as a part of the
existing Ombudsman institution.[65][66]
Ecuador[edit]
In Ecuador, the officer known as People's
Defender (Spanish: Defensor del Pueblo) performs the
functions of an ombudsman.
El Salvador[edit]
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[edit]
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[edit]
The European Ombudsman was established by
the Maastricht Treaty, the treaty establishing the European
Union.[67] 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.[68]
Finland[edit]
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.
[69]
Wikisource has original
text related to this article:
Ombudsman Republik
Indonesia
Iran[edit]
The State Ombudsman of Iran is General Inspection Office.
This office was the one of Founding Members of AOA
(Asian Ombudsman Association) and hosted 4th and 13th
Annual conferences of AOA at 1999 and 2013.[83] In Iran an
organization called دیوان عدالت اداریor "The Administration
Justice Court" is set to investigate the complains of any
government employee/staff who has been discriminated.
Ireland[edit]
The Office of the Ombudsman was set up under the
terms of the Ombudsman Act 1980.[84] The Ombudsman is
appointed by the President of Ireland upon the nomination
of both Houses of the Oireachtas, and is a civil servant of
the State. The Ombudsman deals with complaints
against Departments of State, local authorities, the Health
Service Executive (Ireland), private and public nursing
homes and direct provision accommodation services. [85]
There are other ombudsmen established in Ireland. The
first Pensions Ombudsman, Paul Kenny, was appointed
in 2003. Emily Logan became Ireland’s first Ombudsman
for Children in March 2004. The Financial Services
Ombudsman incorporated the older offices of
the Insurance Ombudsman and Ombudsman for Credit
Institutions in 2005.[86] Also established in 2005 was
the Office of the Ombudsman for the Defence Forces,
the first holder being Paulyn Marrinan Quinn, formerly the
founding Insurance Ombudsman. An Act of 2005 created a
three-person tribunal, the Garda Síochána Ombudsman
Commission, to investigate complaints about the country's
police force. All these offices are statutory and their holders
are public servants.
A (non-statutory) Press Ombudsman began work in
January 2008 and legislation has been published to
establish a Legal Services Ombudsman. The
Ombudsman (Amendment) Bill of 2008 provided for the
statutory protection of the title of Ombudsman. This was
passed as the Ombudsman (Amendment) Act 2012, which
increased the number of State agencies under the
Ombudsman's remit, and also designated the Ombudsman
as Director (Chief Executive) of the Office of the
Commission for Public Service Appointments.
Irish Ombudsmen to date have been Michael Mills from
1984 to 1994, Kevin Murphy from 1994 to 2003, Emily
O'Reilly from 2003 to 2013, and Peter Tyndall, who was
appointed in December 2013.[87][88]
Israel[edit]
The State Comptroller also serves, by law, as
Ombudsman. She or he discharges this function by way of
a special unit in the Office of the State Comptroller, known
as the Office of the Ombudsman. The Ombudsman
investigates complaints against bodies that are statutorily
subject to audit by the State Comptroller, including
government ministries, local authorities, state enterprises
and institutions and government companies, as well as
their employees.[89]
Italy[edit]
There is no generic national ombudsman office, but by Law
no. 112 of 12 July 2011, an Ombudsman for childhood and
adolescence was set up as an independent institute. Many
units of sub-national government
(regions, provinces and communes) have their own
ombudsman (Italian: difensore civico), who are elected by
regional, provincial or communal councils.
Jamaica[edit]
The Office of the Public Defender was created in 2000 by
the Public Defender Act 1999, replacing the Office of the
Parliamentary Ombudsman which had existed since 1978.
The Public Defender (currently Earl Witter) has the typical
ombudsman function of investigating and remedying
maladministration, with additional jurisdiction to investigate
alleged violations of constitutional rights.[90]
Kazakhstan[edit]
The Commissioner for Human Rights (Kazakh: Адам
құқықтары жөніндегі Уәкіл), or National Ombudsman of
the Republic of Kazakhstan, is Askar Shakirov, appointed
in 2007.[91] The office was created by presidential decree [92] in
2002 as a national human rights institution, with support
from the OSCE.[93]
Kenya[edit]
The Commission on Administrative Justice was established
by the Commission on Administrative Justice Act
2011(hereafter referred to as the Act) pursuant to Article 59
(4) of the Constitution of Kenya. CAJ is a Commission
within the meaning of chapter 15 of the constitution and
has the status and powers of a commission under that
chapter.[94]
Kosovo[edit]
The Ombudsperson Institution in Kosovo (OIK) accepts
and investigates complaints of human rights violations or
abuses of authority by any public authority in Kosovo. The
institution is currently led by Ombudsperson Sami Kurteshi,
a former opposition activist, political prisoner and human
rights activist, who was elected to the post by the Assembly
of Kosovo on 4 June 2009. In October 2011 the Assembly
elected five deputy Ombudspersons: Isa Hasani, Bogoljub
Staletovic [from the Serb community], Shqipe Malaj-Ibra,
Ibrahim Arslan (from the Turkish community) and Basri
Berisha.
The first Ombudsperson, Marek Antoni Nowicki, was
appointed in July 2000 by the then Special Representative
of the United Nations Secretary-General (SRSG), Bernard
Kouchner; Nowicki's appointment was renewed in 2002,
2004 and 2005 by subsequent SRSGs Michael
Steiner, Harri Holkeri and Søren Jessen-Petersen. With
effect from 1 January 2006 Jessen-Petersen appointed a
Kosovar lawyer, Hilmi Jashari, as Acting Ombudsperson
and he remained in post until Kurteshi took office.
The OIK has several offices throughout Kosovo, and
participates (although not yet accredited) in the global
network of national human rights institutions, as well as in
the European ombudsman network.[95]
Kyrgyz Republic[edit]
The Ombudsman of the Kyrgyz
Republic (Kyrgyz: Акыйкатчы - Akyikatchy) carry out
parliamentary control over the observance of the rights and
freedoms of man and citizen.[96]
Latvia[edit]
Since 2007, the Latvian ombudsman is a personalized
institution literally called Rights
Defender (Latvian: Tiesībsargs). Previously, similar
functions were carried by National Human Rights Office
(1995—2006).
Lithuania[edit]
In Lithuania, the nearest equivalent to the position of
ombudsman is that of Parliamentary
Controller (Lithuanian: Seimo kontrolierius), an office
appointed by the Seimas (Parliament of Lithuania).
There is also a children's ombudsman.
Malta[edit]
Since 1995, Malta has a Commissioner for Administrative
Investigations known as the Ombudsman. The Office of the
Ombudsman is a constitutional body established by the
Constitution of Malta and is regulated by the Ombudsman
Act. The Ombudsman may investigate, suo motu or on foot
of a complaint, the actions of State bodies or other public
entities. In Malta, the Ombudsman is also an Officer of
Parliament and is appointed by the House of
Representatives of Malta through a resolution supported by
votes of not less than two-thirds of all members of the
House. The Ombudsman may be assisted by other
Commissioners appointed for specialised areas in
accordance to the law. The recommendations issued by
the Maltese Office of the Ombudsman are not binding
legally but do have a persuasive value.
Mexico[edit]
National Human Rights Commission (Mexico)
On 13 February 1989 the Interior Ministry Secretariat of the
Interior created the "General Human Rights Department" as
a wholly dependent office within the ministry's structure. On
6 June 1990, by presidential decree, the General Human
Rights Department was renamed the "National Human
Rights Commission" and gained full autonomy from its
parent ministry.
It was not until 1990, after some constitutional reforms, that
the National Human Rights Commission became fully
independent of the government.
The current president (ombudsman) is Luis Raúl González
Pérez.[97]
Nepal[edit]
In the Nepalese context there are mainly two organizations
working as 'Ombudsman type' organization. The
Constitution of Nepal (2015) has continued the
establishment of the Commission for the Investigation of
Abuse of Authority[98] as a powerful body against corruption
prevention. Earlier, by the second amendment of the
Constitution of The Kingdom of Nepal in 1975 established
an Ombudsmen type Corruption Prevention Commission
with a wide role of corruption investigation, adjudication
and prosecution. Yet, another institution against corruption
vigilance National Vigilance Center (NVC) is
established[99] and NVC works under the direct supervision
of the Prime Minister.
Netherlands[edit]
Article 78 of the Constitution of the Netherlands, as revised
in 1983, established an office of National Ombudsman. The
Ombudsman may investigate, suo motu or on foot of a
complaint, the actions of State bodies or other public
entities. The ombudsman and deputy are appointed by the
House of Representatives for a fixed period or until
reaching retirement age. The office includes a children's
ombudsman.
New Zealand[edit]
Main article: Office of the Ombudsman (New Zealand)
The post of Ombudsman was established in New Zealand
in 1962, to investigate complaints against government
departments. In 1975 the post was expanded, with a Chief
Ombudsman and several other ombudsmen.[100] In 1983 his
responsibilities were extended to include investigation of
agencies that fail to provide information requested in
accordance with the Official Information Act. The
Ombudsman also has responsibility to protect
'whistleblowers' and investigate the administration of
prisons and other places of detention.
There is also a Children's Commissioner. New Zealand
also has three industry ombudsmen – the New Zealand
Banking Ombudsman, the Insurance and Savings
Ombudsman, and the Electricity and Gas Complaints
Commissioner who is an ombudsman in all but name.
North Macedonia[edit]
Since 1997 North Macedonia has an Ombudsman for
protection of citizens rights (Macedonian: Naroden
pravobranitel). The ombudsman is appointed by the
Parliament and performs her or his work under the
Constitution and the Law of the Ombudsman. [101]
Norway[edit]
Public Protector
Auditor-General
Spain[edit]
Main article: Spanish Ombudsman
The state ombudsman of Spain is the Defensor del
Pueblo (Defender of the People), dealing with complaints
of maladministration and having the capacity to bring cases
at the Constitutional Court. The office is prominent in the
international networks of ombudsmen and national human
rights institutions, particularly through the Ibero-American
Ombudsman Federation (FIO).
Ombudsmen in the autonomous communities[edit]
There are comparable offices in the autonomous
communities of Spain, as follows:
In fiction[edit]
For the Canadian television series, see Ombudsman (TV
series).
In the science fiction television series Babylon 5, the
arbiters aboard space station Babylon 5 who preside over
cases stemming from public complaints are referred to
as ombuds (this is both the singular and plural
designation), the gender-neutral title for an ombudsman.
Just as with their modern European counterparts, the
ombuds only preside over public cases, including robbery,
assault, and murder, and do not interpret law as a regular
judiciary does.
Opus the penguin was an ombudsman in the strip Bloom
County until he was fired.
John Perry, the protagonist of The Last Colony, written
by John Scalzi starts off the novel as an ombudsman for a
newly settled human colony.
The webcomic PvP ran a story arc starting at the beginning
of March 2009 parodying the comic series and
movie Watchmen called The Ombudsmen.
The Fox News parody show, Red Eye with Greg Gutfeld,
meets three times per episode with "TV's Andy Levy,
Ombudsman".
See also[edit]
Children's ombudsman
Complaint system
Human rights activists
Information commissioner
Liaison officer
National human rights institution
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