OVERVIEW THE MANDATE, FUNCTIONS AND POWERS OF MINORITY OMBUDSMAN INSTITUTIONS Individual complaints and investigations The minority ombudsman has the power to investigate and determine individual complaints (including complaints brought by groups of individuals or organizations). Investigations by the ombudsman should extend to all realms of public life. The ombudsman’s competence should be limited temporis. Victims as well as organizations representing classes of victims should have the right to complain to the specialized minority ombudsman. Access to the ombudsman institution should be free of charge. Procedures should be informal with easy accessibility (including local offices). Procedures should have a non-judicial, non-adversarial character. Proceedings should be confidential (if desired by complainant). Regulations must be in place for cases that raise a conflict of interest. Mediation should be used by ombudsman institutions. A wider mandate: own-initiative investigations and studies The ombudsman institution should have the power to start ex officio (owninitiative) strategic investigations where such are considered justified and to conduct studies in fields where structural problems seem to occur. The ombudsman and the judiciary:participation in the litigation process The ombudsman institution may have the power to initiate or pursue legal action in the courts on behalf of the individual, including - intervention/taking over individual claims - initiation of class action lawsuits - providing legal aid - providing expert opinions - submission of amicus curiae briefs. The minority ombudsman may have the power to challenge laws or policies in the courts (power to bring cases before constitutional courts, or ‘regular’ courts in those jurisdictions with no special constitutional courts). The ombudsman should not have the power to interfere in judicial proceedings, except to review or monitor court proceedings for procedures contrary to international human rights standards. Advancing domestic standards: the ombudsman’s impact on legislation The ombudsman institution should channel its expertise and information as much as possible to the policy-making process. The minority ombudsman may have the power to: - monitor existing laws and policies with respect to minority rights and to recommend amendments or any other changes 10