Political Independence An ombudsman must be independent from executive intervention. The most important quality for an ombudsman is independence from executive intervention. Most pieces of legislation establishing an ombudsman institution contain explicit statements concerning the independence of the office. PART II As minority protection tends to be a politically sensitive issue, the need for the minority ombudsman to be independent and free from interference by executive (and other) forces is even more critical than for a parliamentary ombudsman. Legislative Establishment Establishment of the institution should be able to be traced back to an Act of legislation and not an executive decision. It is advisable that the establishment of the institution of minority ombudsman is enshrined in the Constitution so that its position is secured. A distinction must be made between the establishment of the office/institution (one time, one legislative document with possible subsequent amendments) and the appointment of the specific ombudsperson(s) (every time a new ombudsperson is appointed). Whereas the former should be traceable back to a legislative, even constitutional, Act, there is less uniformity in practice as regards the latter. There tends to be some role of the legislative body/parliament included, but there is great variety in the actual extent of this involvement. Establishment of the institution needs to be done by the legislature and not by way of executive decision. An analysis of various national ombudsman institutions shows that the establishment of the office can almost always be traced back to an Act of legislation. In several, but not the majority of instances, the state’s constitution already provides for the establishment, and contains certain requirements/criteria, while leaving the details to be regulated by organic law. In view of the sensitivities surrounding minority protection, it is advisable that the establishment of the institution of minority ombudsperson is enshrined in the Constitution so that it is secured, guaranteed and not dependent on political whims of the ruling party/parties. The UN Paris Principles relating to the status and functioning of national institutions for protection and promotion of human rights are clearly relevant when considering the establishment of a minority ombudsperson. The Paris Principles 40