INTRODUCTION The ombudsman’s function as it relates to minorities Ombudsman institutions take many different forms in different countries. Some commentators would narrow the label of ‘ombudsman’, applying it only to a national parliamentary ombudsman; others would widen the definition so as to also include human rights commissions, petitions committees and private sector ombudsman structures. Given the multitude of different forms, an exact definition of ‘ombudsman’ is difficult to provide. The traditional role is as a reactive solver of public complaints, in which the ombudsman provides a check on the power of the executive/administrative branch and ensures accountability in the state–citizen relationship. In general, the institution of the ombudsman helps both to reinforce the system of human rights protection and to improve relations between the public authorities and the citizens. It can provide a flexible and quick remedy to members of the public in cases of maladministration by administrative bodies. The ombudsman model has special practical significance in new democracies where, in addition to the state–citizen relationship, a history of hostile conflict within a regime, and frequently between ethnic groups, is at issue. Moreover, the ombudsman can have special significance for minority communities, for whom a flexible, free and less formal approach can offer access to remedies that judicial systems may not be able to provide. Ombudsman institutions may be established nationally, but also locally (state or province level) or regionally (e.g. the European Ombudsman). The ombudsman may have far-reaching powers (e.g. to investigate complaints, with a quasi-judicial role) or its powers may be much more limited, with more reliance being placed on the art of persuasion. Similarly, the mandate of the ombudsman may be very general (parliamentary or ‘classical’ ombudsman), or be thematic (e.g. human rights, health, children, privacy, ethnic discrimination). The role of the ombudsman can also be different, ranging from impartial mediator between citizen and state, to advocate for particular vulnerable groups in society. Specialized institutions While research has previously been undertaken in relation to national ombudsperson and human rights institutions, there has not yet been significant research into the role of specialist minority ombudsperson institutions. This Guide begins to fill that gap. Human rights issues naturally fall into the realm of competence of a classical ombudsman as it is a defender of citizens’ rights. Similarly, the mandates of very many existing ombudsman institutions allow them to deal with minority rights issues. However, more recently there has been a massive increase in the number 6

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