In Albania, the Czech Republic, Finland, Georgia and Moldova,
for example, the ombudspersons are generally entitled to make
proposals for improving legislation or regulations.
It therefore appears that existing legislation in many states provides the ombudsperson with the power to exercise this advisory function in the area of minority
rights, being an integral part of human rights. In the states in which such a possibility does not exist, an extension of the ombudsperson’s mandate in this respect
should be considered.
PART I
Furthermore, the Law on Ombudsman in Croatia empowers
the ombudsman to initiate changes in the laws regarding the
protection of the rights proclaimed by the constitution and other
laws. On the other hand, the Georgian Public Defender is authorized to submit proposals concerning the improvement of
legislation to parliament in order to secure human rights and
freedoms. The Ukrainian Ombudsman is entitled to facilitate
the process of bringing the legislation of Ukraine on human and
citizens’ rights and freedoms into line with the Constitution of
Ukraine and international standards in this area.
In conclusion, it should also be noted that an additional function of the specialized
minority ombudsperson is his/her involvement in the process of transformation and
modernization of the state. States that are in the process of adopting and improving legislation as well as changing their practices may benefit from the assistance
of the specialized minority ombudsperson. Experience shows that this type of flexible institution can have a positive impact on transitional democracy, particularly
where there are radical changes to legislation.
The ombudsman should make comments on governmental and parliamentary legislative initiatives.
The ombudsperson institution has traditionally had an institutional connection with
parliament. Ombudspersons are usually appointed by parliament and are furthermore required to submit reports to this body. In addition to the connection to parliament, it is desirable that the specialized minority ombudsperson be engaged in
dialogue with ministers on minority-related issues (e.g. education, culture, justice,
etc.). Such a relationship would enable him/her to exercise influence in improving
minority rights standards. The timely identification of human rights problems and
situations involving minorities is also of utmost importance.
The power to advise parliament and the executive on human rights issues is also
recognized in the Paris Principles, according to which a national institution should
be granted the authority to “submit to the Government, Parliament and any other
competent body, on an advisory basis either at the request of the authorities concerned or through the exercise of its power…any legislative or administrative provisions…”.
Certainly, the institutions with the power to conduct in-depth investigations of human rights violations or, in particular, minority rights issues, are well placed to comment on legislative inadequacies (as expressed either in draft legislation or legislation that is already in force). In particular, the ombudsperson institution, through the
process of receiving individual complaints, is generally able to swiftly identify areas
where these legislative inadequacies exist.
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