FOUNDATIONAL CRITERIA FOR ESTABLISHMENT Political independence An ombudsman must be independent from executive intervention. 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. It is commendable that minority ombudsman institutions are also established at sub-state levels if the corresponding level of government has competences that are specifically relevant for minorities. The Act of legislation establishing the institution The Act of legislation establishing the institution should specify as a minimum: - the mandate, functions and powers of the office - the requirements to be fulfilled by the persons to be appointed as ombudsperson(s) - the exact appointment procedure to be followed - the status of the ombudsperson - the level of accountability to parliament - the immunities of the ombudsperson - the term of office - rules concerning his/her dismissal - a list of incompatible employment or positions - procedures for a conflict of interest in a specific case - rules concerning remuneration - the budgetary autonomy - the competence to appoint staff. Procedures for appointment of the ombudsperson The Act of legislation establishing the institution should set out a clear and specific appointment procedure for the ombudsperson. Minority involvement in the appointment process The Act of legislation should specify the way in which, and the extent to which, minority communities are involved with the appointment process. Personal requirements/criteria for appointment The Act of legislation should determine the criteria for appointment of the ombudsperson(s). These will tend to include a nationality requirement, considerations of expertise and experience, as well as of representation as regards the ethnic diversity of the country for the institution’s staff. Employment conditions – remuneration, tenure and dismissal Clear regulations as to positions incompatible with that of ombudsperson, and the remuneration of the ombudsperson are essential to guarantee the institution’s independence. A fixed term of office not linked to the term of office of parliament is the preferred option for tenure. 12