The Act of legislation should set out the procedures for appointment of
deputy ombudspersons and staff of the institution.
The Act establishing the ombudsman office should also specify certain issues concerning the appointment of other staff. The main distinction here is whether the
appointment of staff is done by the ombudsman him/herself or whether it is done
by another body. The ombudsman should have the independence to do so, within
a framework meeting the criteria for adequate resources as set out in the UN Paris
Principles. The Paris Principles state that the institution shall have an infrastructure which is suited to the smooth conduct of its activities, which also includes
the necessary personnel and financial resources to fulfill its multifarious functions.
Budgetary autonomy should also be guaranteed by the Act establishing the office
of the ombudsman, in the sense that the necessary funds should be guaranteed for
the office to be able to fulfill all its functions. In view of the need for an independent
body, if it is not the ombudsman who appoints the staff, it is preferable that it not be
done by an executive body but rather by an office in parliament.
PART II
Appointment of Deputy
Ombudspersons and Staff
Where a specialist mandate for minority protection is to be assigned to one of
the deputy ombudspersons, the appointment process of this officer becomes very
important. The same criteria will apply to the deputy in this case as to the general
appointment of the ombudsman discussed above.
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