FOREWORD
Key to this dynamic development is strong networking between institutions, which
allows experience and knowledge to be shared. This becomes particularly important
for the recently established institutions still finding their feet and their voice, and for
the many institutions operating with the limits of financial or political independence
placed upon them. In this regard, the European Centre for Minority Issues (ECMI)
has for the past 2 years managed a network of ombudsman institutions in the wider
Europe, supporting them in their work with minority issues, encouraging the establishment of specialized structures for minority issues within those institutions, and
facilitating the exchange of information through training workshops, conferences
and online resources. Indeed, a draft of this Guide to Good Practice was submitted
to the network for their feedback and input at the project’s inaugural conference.
Supported by a team of experts in the field, who are the authors of this Guide, the
project has allowed for much liaison with our network institutions, and other agencies working on ombudsman issues, increasing ECMI’s own understanding of the
issues and realities facing the ombudsmen in different countries.
PART I
The ombudsman is a key institution in a democratic society, able to offer free and
flexible solutions to people’s complaints of maladministration by the authorities or
of human rights abuses. While the institution is well established in Western Europe,
newer democracies are experiencing a dynamic period of development and growth
of these institutions, in their various forms. In many countries in the last few years
new ombudsman offices have been established, legislation passed or amended,
and/or a focus on human rights, including minority rights, strengthened. Interestingly, there has been a corresponding development in Western Europe recently,
with certain human rights or discrimination bodies reinventing themselves so as
also to be able to accept complaints from the public about discrimination.
I take this opportunity to express ECMI’s sincere thanks to the project’s team
of experts, Alan Phillips, Rob Dunbar, Kristin Henrard, Birgitte Kofod Olsen,
Dženana Hadžiomerović, Andrea Krizsán and Bjarke Bøtcher for their energy and
expertise; also to Alexander Morawa and Chrstine Lucha who worked on initial
drafts of this Guide, to Verica Grdanoska for her invaluable publications support,
and to Marnie Lloydd for leading the project. Many thanks also to the sponsors
of ECMI’s Ombudsman Project: the German Federal Ministry of the Interior, the
Royal Danish Ministry of Foreign Affairs, the Minister-President of Schleswig-Holstein and the Royal Norwegian Ministry of Foreign Affairs. The publication of this
Guide has been made possible only by the generous financial support of the German
Federal Ministry of the Interior. Finally, ECMI thanks the ombudsman institutions
and supporters in our network for their interest and cooperation with our project.
ECMI is convinced of the potential of ombudsman institutions to protect minority
interests in a democratic state, and it is sincerely hoped that this Guide will provide
a useful tool for training and to spark discussion for institutions in the development
of their capacities for dealing with minority issues.
Marc Weller
Director, ECMI
November 2004
5