The focus of this part of the Guide is on matters relating to the internal organization and ongoing operation of the ombudsman institution,
rather than issues relating to its mandates and functions (considered in
Part I, above) and its establishment (considered in Part II, above). However, those issues are also relevant to the discussion in this part, as the
principles underlying the establishment of the institution should inform
its day-to-day operations, and its mandates and functions will shape its
internal organizational structure.
PART III
There are a number of core values a minority ombudsman institution
should foster and which should be reflected in every facet of its operations. In this section, these core values are considered, and practical
examples of how they can be implemented are provided. It is important
to note that these values are often inter-related, and the promotion of
one can have a positive impact on the others.
Independence
The ombudsman must be, and be perceived to be, independent.
Independence involves both de jure and de facto independence from the executive,
and independence of individual members and employees, so that they are not, nor
are they perceived to be, pursuing particular ‘sectional’ interests. The importance
of institutional independence, discussed in Part II above, should be kept in mind
here, as the same rationale should underlie all aspects of the institution’s work.
In order to be effective, an ombudsman institution must be, and be perceived by
the public it serves to be, honest and reliable; in order to hold the government, civil
service and other public bodies to account, it must be independent of those bodies.
However, to be able to effectively resolve disputes relating to minorities, it must
also be perceived by both the government, civil service and other public bodies,
on the one hand, and the wider public on the other, of not being beholden to any
special interests.
“Specialized bodies should function without interference from
the State and with all guarantees necessary for their independence including the freedom to appoint their own staff, to manage their resources as they think fit and to express their views
publicly.”
ECRI General Policy Recommendation No. 2, Principle 5.
Having staff from minority communities can enhance the effectiveness of the
institution.
Representation can also be ensured by having sub-offices in regions where
there are significant numbers of minorities.
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