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For the Canadian television series, see Ombudsman (TV series). An ombudsman (English plural: conventionally ombudsmen) is a person who acts as a trusted intermediary between an organization and some internal or external constituency while representing the broad scope of constituent interests. Usually appointed by the organization, but sometimes elected by the constituency, the ombudsman may, for example, investigate constituent complaints relating to the organization and attempt to resolve them, usually through recommendations (binding or not) or mediation. Ombudsmen sometimes identify organizational roadblocks running counter to constituent interests. In some jurisdictions an ombudsman charged with the handling of concerns about national government is more formally referred to as the 'Parliamentary Commissioner' (e.g., the United Kingdom Parliamentary Commissioner for Administration, and the Western Australian state Ombudsman). The word ombudsman and its specific meaning have been adopted in various languages, including Spanish and Czech. The post of ombudsman has been instituted by other governments and organizations such as the European Union. An ombudsman may not be appointed by a legislature, but may instead be appointed by, or even work for, a corporation such as a utility supplier or a newspaper, for an NGO, for a professional regulatory body, or for local or municipal government. In some countries an Inspector General may have duties similar to or overlapping with an ombudsman appointed by the legislature. Making a complaint to an ombudsman is usually free of charge.
[edit] Origins and etymologyThe origin of the word is found in Old Swedish umbuðsmann (accusative) and the word umbuds man, meaning representative. The first preserved use is in Swedish. In the Danish Law of Jutland from 1241 the term is umbozman and means a royal civil servant in a hundred (country subdivision). From 1552, it is also used in the other Scandinavian languages such as the Icelandic "umboðsmaður", the Norwegian "ombudsmann" and the Danish "ombudsmand". The modern use of the term began in Sweden, with the Swedish Parliamentary Ombudsman instituted in 1809, to safeguard the rights of citizens by establishing a supervisory agency independent of the executive branch. A prototype of ombudsmen may have flourished in China during the Qin Dynasty (221 BC), and in Korea during the Joseon Dynasty.[citation needed] The Roman Tribune had some similar roles, with power to veto acts that infringed upon the Plebians. The predecessor of the Swedish Parliamentary Ombudsman was the Office of Supreme Ombudsman, "Högste Ombudsmannen" which was established by the Swedish King, Charles XII in 1713. Charles XII was in exile in Turkey and needed a representative in Sweden to ensure that judges and civil servants acted in accordance with the laws and with their duties. If they did not do so, the Supreme Ombudsman had the right to prosecute them for negligence. In 1719 the Swedish Office of Supreme Ombudsman office became the Chancellor of Justice[1] One inspiration to the Supreme Ombudsman may have been the Turkish Diwan-al-Mazalim which appears to go back to the second Caliph, Umar (634-644) and the concept of Qadi al-Qadat.[2] However, the current predecessor of ombudsman institutions, the Swedish Parliamentary Ombudsman, is based on the concept of separation of powers as developed by Montesquieu[1], which has a western origin[3] and roots in the Enlightenment. The Parliamentary Ombudsman was established in 1809 by the Swedish Riksdag, as a parallel institution to the still-present Chancellor of Justice. The Parliamentary Ombudsman is the institution that the Scandinavian countries subsequently molded into its contemporary form, and which subsequently has been adopted in many other parts of the world. [edit] Ombudsman in politicsIn general, an "ombudsman" refers to a state official appointed to provide a check on government activity in the interests of the citizen, and to oversee the investigation of complaints of improper government activity against the citizen. If the ombudsman finds a complaint to be substantiated, the problem may get rectified, or an ombudsman report is published making recommendations for change. Further redress depends on the laws of the country concerned, but this normally involves financial compensation. Ombudsmen in most countries do not have the power to initiate legal proceedings or prosecution on the grounds of a complaint. This role is sometimes referred to as a 'tribunitian' role, and has been traditionally fuflilled by elected representatives (The term refers to the ancient Roman 'tribunes of the plebians' (tribuni plebis), whose role was to intercede in the political process on behalf of common citizens). This comparison is however not appropriate since a tribuni plebis was one of the magistracies, a step higher than Quaestor, in the Roman cursus honorum or the way to honour that required, from Patrician families a Senatorial entry at a certain age, and culminating with the Consular dignity (becoming a consul) in suo anno (or in his own year, that is, to be consul at 35 and not a year earlier or a year later which was held to be deprivation of either a junior or a senior of his appropriate status at the appropriate age). Being a tribune of the plebs required coming from non patrician or plebeian families in the appropriate Tribe of Rome. One could also become a tribune of the plebs from the Ordo Equester, or the Knights (rich plebeians having the capacity to maintain a certain number of horses). Being a tribune of the plebs also carried with it judicial functions and the legislative power to veto a senatus consultatum accompanied with immunity from prosecution and violence, were held to make him part of the ruling/administrative class since tribuni plebis was also an electoral post and not an executive appointment. Therefore a tribuni plebis would not be an equivalent of an Ombudsman. The more correct parallel would be the institution of Censor, who looked into public morals, the proper maintenance of senatorial and knightly rolls and who combined the functions of Public Conscience and Keeper of the Maos Maiorum, the ancient traditions of Rome, against which the acts of every ruler, every consul, every would be Dictator or General were weighed. Interestingly, Cato, descendant of Cato the Censor, invoked the same privileges to criticize Gaius Julius Caesar. The major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing. However, the ombudsman system relies heavily on the selection of an appropriate individual for the office, and on the cooperation of at least some effective official from within the apparatus of the state. Perhaps for this reason, outside Scandinavia, the introduction of ombudsmen has tended to yield mixed results. [edit] CanadaIn Canada the office of the ombudsman is present in all departments of the federal government, in many provincial and municipal governments as well as in Crown Corporations such as CBC and Canada Post. [edit] Republic of ChinaIn the Republic of China, the role of the Control Yuan is comparable to that of an ombudsman. [edit] United KingdomIn the UK, the office of the Parliamentary Commissioner for Administration was created in 1967, covering the activities of central government departments. A separate (National) Health Service ombudsman was subsequently created, but this has to date always been the same person and the two offices are combined. The Local Government Ombudsman (formally the Commission for Local Government Administration - there are three Commissioners) for England and Wales was created in 1973, and for Scotland in 1974; since then, a variety of other public and private sector-specific ombudsmen have been created. UK critics claim that the Ombudsmen appear independent while actually being recruited from the ranks of officials and that their function tends to entail little more than the rubber stamping of official decisions. Use of the ombudsman schemes is becoming increasingly common, although citizens are encouraged to first pursue grievances against government through their local MP, or else through another MP or the courts. [edit] United States of AmericaIn the United States the U.S. Congressman has long performed the unofficial function of an Ombudsman, at the Federal level. This informal job has become increasingly time consuming. It is subject to criticism on the grounds that it interferes with a legislator's primary duty, namely to read and be knowledgeable about a bill before casting his or her vote.[4] Nonetheless, as Morris Fiorina points out, the involvement of Congress in the ombudsman process carries one major advantage: members of the Legislative Branch exercise "control over what bureaucrats value most – higher budgets and new program authorizations."[5] In 1979 the Taxpayer Ombudsman Office, and later in 1996 as the Office of the Taxpayer Advocate, was created within the Internal Revenue Service that acts as an ombudsman for the taxpayer.[6] Also, the Advocate has a unique role with the Treasury Department as having the responsibility to submit annual reports to Congress without any prior review or comment from the IRS Commissioner, the Secretary of the Treasury, any other officer or employee of the Department of the Treasury, or the Office of Management and Budget.[7] [edit] Organizational ombudsmanMain article: Organizational ombudsman Many private companies, universities, non-profit organizations and government agencies also have an ombudsman (or an ombuds office) to serve internal employees, and managers and/or other constituencies. These ombudsman roles are structured to function independently, by reporting to the CEO or board of directors, and according to International Ombudsman Association (IOA) Standards of Practice do not serve any other role in the organization. They are beginning to appear around the world within organizations, sometimes as an alternative to anonymous hot-lines in countries where these are considered inappropriate or are illegal. Since the 1960s, the profession has grown in the United States, and Canada, particularly in corporations, universities and government agencies. This current model, sometimes referred to as an organizational ombudsman, works as a designated neutral party, one who is high-ranking in an organization, but who is not considered part of executive management in the sense of being able to make management decisions. Using an alternative dispute resolution (ADR) sensibility, or perhaps more apt, an appropriate dispute resolution sensibility, an organizational ombudsman can provide options to whistleblowers or employees and managers with ethics concerns; provide coaching, shuttle diplomacy, generic solutions and mediation for conflicts; track problem areas; and make recommendations for changes to policies or procedures in support of orderly systems change. (It may be of interest that the term appropriate, as in appropriate dispute resolution, is something of a term of art. ADR is usually thought to be alternative dispute resolution, as in an alternative to formal, rights-based processes, including formal grievance procedures and the courts. It usually is thought to include mediation and arbitration. The word "appropriate" in this context could actually include rights- or rights- and power based dispute resolution. For example, appropriate dispute resolution of a work-place assault might be a formal grievance procedure or an appeal to security officers. Appropriate resolution might also include simple forgiveness. Appropriate dispute resolution thus refers to a much wider set of processes than are usually thought to be part of alternative dispute resolution.) One particularly important function is to monitor and pick up "new things" -- that is, issues new to the organization. This is particularly important if the "new thing" is "disruptive" in the sense of requiring the organization to review and possibly improve its policies, procedures and/or structures. In recent years there have been many articles about organizational ombuds and about how they coordinate with internal conflict management systems. (See for example: http://ombuds-blog.blogspot.com/ and http://www.ombudsassociation.org/ (including the IOA publications section) and http://web.mit.edu/ombud/publications/ for many references). An organizational ombudsman who is practicing to IOA "standards of practice" is neutral and visibly outside ordinary line and staff structures. An organizational ombudsman will practice informally (with no management decision-making power, and without accepting "notice" for the organization). An organizational ombudsman typically keeps no case records for an employer and keeps near absolute confidentiality. The only exception is where there appears to be an imminent risk of serious harm, and an ombudsman can see no responsible option other than breaking confidence—but organizational ombuds programs report that they can almost always find "other responsible options", such as helping a visitor to make an anonymous report about whatever appears to be the problem. [edit] Legislative/Classical ombudsman[edit] AlbaniaThe Ombudsman of the Republic of Albania or Avokati i Popullit (People's Advocate) was anticipated for the first time in the Albanian’s Constitution approved in November 1998. The Parliament passed the Law on the People’s Advocate in February 1999. The People’s Advocate is elected by three-fifths of all members of the Assembly for a five year period, with the right of re-election. [edit] ArmeniaThe ombudsman of the Republic of Armenia since 2006 is Mr. Armen Harutyunyan. Before him was Ms. Larisa Alaverdyan. http://www.ombuds.am
According to the 83.1 article of Constitution of RA and in the result of elections taken place in the National Assembly on February 17-th of 2006 Armen Harutyunyan obtaining more than 3/5 votes of deputies was elected Parliamentary first Human Rights Defender of RA for 6 year term. Armen Harutyunyan was born in 1964 in Yerevan. From 1981 to 1986 studied at Law Department of the Yerevan State University and after graduating obtained the Diploma in Law (Magna Cum Laude). From 1986 to 1989 passed his post graduate study at the Institute of State and Law of Academy of USSR and obtained the degree of Candidate of Law (equivalent to PhD). From 1994 to 1997 studied Doctoral Studies at the Academy of Public Administration, adjunct to the President of Russian Federation and obtained the degree of Doctor of Law (equivalent to Senior Juris Doctor). From 1989 till now Armen Harutyunyan has been lecturing at the Law Department of Yerevan State University. From 1997 to present Armen Harutyunyan has been legal advisor at the Constitutional Court or RA. As the Representative of the President of RA on Constitutional reforms took part in Constitutional reform of 2005. From 2002 to 2006 was the rector of Public Administration Academy of the RA. From 2001 to present Armen Harutyunyan is the President of Association of European Law of RA. From 2002 to present is the Deputy Representative of European Commission for Democracy through Law (Venice Commission). Armen Harutyunyan is the author of more than 60 scientific works. He is married and has two children. Armen Harutyunyan took his post on February 20-th of 2006. [edit] AustraliaMain article: Ombudsmen in Australia The Commonwealth Ombudsman in Australia was established in 1976. The Ombudsman can investigate complaints about the actions and decisions of Australian Government departments and agencies, the services delivered by most private contractors for the Australian Government, and oversee complaint investigations conducted by the Australian Federal Police. The Ombudsman can also investigate complaints about delays in processing Freedom of Information requests (FOI) and complaints about FOI charges. The Commonwealth Ombudsman is also the Defence Force Ombudsman, Immigration Ombudsman, Postal Industry Ombudsman, Taxation Ombudsman, Law Enforcement Ombudsman and through an arrangement with the Australian Capital Territory (ACT) Government, the ACT Ombudsman. In addition, the Ombudsman has a number of statutory oversight functions in relation to law enforcement agency use of special powers, including those under the Telecommunications (Interception and Access) Act 1979, Surveillance Devices Act 2004 and Part 1AB of the Crimes Act 1914. The current Commonwealth Ombudsman is Professor John McMillan. [edit] State OmbudsmenThe various states in Australia have (variously described) state Ombudsman offices, with similar jurisdiction as described above, except over state government authorities. There is much collaboration in an academic sense between Ombudsmen in Australia, given the highly similar nature of their roles (despite differing jurisdictions). The offices frequently work on joint projects, such as those addressing difficult client behaviour.
[edit] Industry Based OmbudsmenOn 1 July 2008, the Banking and Financial Services Ombudsman, Insurance Ombudsman Service and Financial Industry Complaints Service merged to form the Financial Ombudsman Service). Other financial ombudsman schemes, such as the Credit Ombudsman did not find it viable to join the amalgamation as it could provide its members and customers with more premium services by remaining independent.
[edit] Other complaint-handling and review agenciesIn some cases, it may be more appropriate for your complaint to be investigated by the Privacy Commissioner who investigates complaints about breaches of privacy; the Human Rights and Equal Opportunity Commission which investigates complaints about discrimination because of race, sex or disability; or one of the other avenues of Australian Government administrative review. Review bodies include the Administrative Appeals Tribunal, the Social Security Appeals Tribunal, the Veterans' Review Board, the Immigration Review Tribunal and the Refugee Review Tribunal. Each of these agencies can review the merits of an agency's decision, and they also have the power to change a decision.
[edit]Complaints about the actions/decisions of the organisations comprising the Australian intelligence community (listed below), may be lodged with the Inspector-General of Intelligence and Security: Mr Ian Carnell Inspector-General of Intelligence and Security PO Box 6181 Kingston, ACT 2604 Australia Telephone: O2 6271 5692 Fax: O2 6271 5696 email: info@igis.gov.au The Office of the Inspector-General of Intelligence and Security is located at: 3-5 National Circuit Barton ACT 2600 Australia
[edit] AzerbaijanThe ombudsman of the Republic of Azerbaijan is Elmira Suleymanova. She was elected by the Parliament to the Position of the Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan on 2 July 2002. Elmira Suleymanova was born on 17 July, 1937 in Baku, Azerbaijan. She is a graduate of the faculty of chemistry at the Baku State University. She holds a degree of Ph.D., doctor of Chemistry (1980), professor (1982).From 1980, she was one of the leaders of women’s movement in Azerbaijan. Elmira Suleymanova has received numerous awards for the defense of Human Rights. [edit] BrazilThe Brazilian Ombudsman is called the Ouvidor, usually heading a service called Ouvidoria, and each government agency defines its own service. These organisms don't usually have the required independece to be called real Ombudsmen. [edit] BulgariaThe institution of the Ombudsman in Bulgaria was established by law in 1998 but the first Ombudsman was elected in April 2005. There is a national ombudsman (Граждански защитник) and regional ombudsmen (Граждански посредници). [edit] Canada - Provincial and Territorial ombudsmenWhile Canada has no single national legislative ombudsman, nine Canadian provinces and one territory have parliamentary ombudsmen (sometimes called "citizens' protector" or "citizens' representative") in the classical/legislative tradition, who oversee the provincial government and receive and investigate public complaints. They are:
[edit] ColombiaThe Ombudsman's Office of Colombia (Spanish: Defensoría del Pueblo) is the National agency in charge of overseeing the protection of Civil and Human Rights within the legal framework of the state. [edit] CroatiaPučki pravobranitelj [edit] Czech RepublicThe Czech Ombudsman is officially known as Veřejný ochránce práv - Public Defender of Rights, but more frequently referred to simply as ombudsman. [edit] CyprusThe Cypriot Ombudsman is known as Commissioner for Administration , is an Independent Authority and was established οn 15 March 1991. Currently, the Ombudsman (Commissioner for Administration) is Eliana Nicolaou.[4] [edit] Denmark
[edit] EcuadorThe officer known as Defensor del Pueblo (people's defender) performs the functions of a people's ombudsman. [edit] EstoniaIn Estonia, the Chancellor of Justice (Õiguskantsler) is an independent supervisor of the basic principles of the Constitution of Estonia and the protector of individual rights. The Chancellor of Justice is appointed to office by the Riigikogu on the proposal of the President for a seven-year term. The current Chancellor of Justice is Indrek Teder.[8] [edit] European UnionThe European Ombudsman was established by the Maastricht treaty, the treaty establishing the European Union. The current European Ombudsman, holding office since April 1, 2003, is Nikiforos Diamandouros, former national ombudsman of Greece. The European Union Ombudsman investigates claims by companies which reside or have their interests within the European Union against incidents of bad administration by bodies or institutions of the European Union. [edit] FranceIn France, since 1973, there is a Government appointed Ombudsman, the "Médiateur de la République". Currently Jean-Paul Delevoye is holding the office, for a single term which will elapse in 2010. [edit] FinlandIn Finland the office of Parliamentary Ombudsman,[9] modelled after the Swedish Ombudsman, was established by the Constitution of 1919. The Ombudsman is appointed by the Parliament, and has the task of ensuring that all government departments and officials follow the law. The Parliamentary Ombudsman shares many duties with the Chancellor of Justice. The Ombudsman has wide-ranging oversight and investigative powers. She or he has access to all government facilities, documents and information systems and can order a police investigation if necessary. If the Ombudsman determines that a government official has not acted in accordance with the law she or he can advice on the proper application of the law, reprimand the official or in the extreme case order the criminal prosecution of the official. Partly because of the prosecutorial powers the Ombudsman enjoys considerable respect and her or his legal opinions are usually strictly followed. Her or his legal interpretations carry a lot of weight in the absence of a court precedent. There are also special ombudsmen for gender equality, children's welfare, rights of ethnic minorities, data protection, and consumer protection, operating under the auspices of various ministries and other government agencies. Also, every health care provider in Finland is legally obliged to have a patients' rights ombudsman. [edit] GeorgiaThe Public Defender (Ombudsman) of Georgia is a national human rights institution. The office of public defender was established in 1997 based on the decree of Parliament of Georgia. The Public Defender shall be elected for a term of 5 years by a majority of the total members of the Parliament of Georgia. In his activities, the Public Defender shall follow the Constitution of Georgia and the present Law, as well as the universally recognized principles and rules of international law, international treaties and agreements concluded by Georgia.
The Public Defender supervises the activities of public authorities, national or local, public officials and legal persons, evaluates all acts passed by them, gives recommendations and proposals. The Public Defender conducts educational activities in the field of human rights. Currently Mr. George Tugushi is elected as a Public Defender of Georgia. His mandate expires in 2014. [edit] GreeceThe Greek Ombudsman is called the Citizen's Advocate and is an Independent Authority. Currently, the Citizen's Advocate is Professor Georgios Kaminis. The Advocate is assisted by five Assistant Advocates, who coordinate the activities of the Advocate's office in the five "theme circles" (areas) in which the office has authority: i) civil rights, ii) social protection, iii) quality of life, iv) state-citizen relationships and v) children's rights. [edit] Hong KongThe Office of The Ombudsman, Hong Kong is an independent statutory authority, established in 1989 under the Ombudsman Ordinance, to redress grievances arising from maladministration in the public sector through independent and impartial investigations to improve the standard of public administration. Resources: Office of The Ombudsman, Hong Kong [edit] IcelandThe post of umboðsmaður Alþingis was set up in 1987 under the terms of law number 13/1987, which deals with complaints against the government. The ombudsman's authority was expanded to local government levels in the 1997 law number 85/1997. The ombudsman is appointed by Alþingi. [edit] IndiaThe Government of India has designated several ombudsmen (sometimes called Chief Vigilance Officer or CVO) for the redressal of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations.[10] The CVC (Central Vigilance Commission) was setup on the recommendations of Santhanam Committee (1962-64). In India, Ombudsman is called as Lokpal or Lokayukta. An Administrative Reforms Commission (ARC) was set up on 5 January 1966 under the Chairmanship of Shri Morarji Desai. It recommended a two-tier machinery: Lokpal at the Centre (Parlaiamentary commissioner as in New Zealand) and one Lokayukta each at the State level for redressal of people's grievances. However, the jurisdiction of the Lokpal is not extended for judiciary like in New Zealand. The central Government introduced the first Lokpal and Lokayuktas Bill in 1968 and lastly in 2005, which has so far not been enacted. Lokayukta institution has come into existence in different years, in different States in India. Orissa is the first state to present a bill on establishment of Lokayukta in 1970, however, Maharashtra is the first state to have established the institution in 1972. There after, this institution was established in different States in different years namely: Maharashtra (1972), Bihar (1974), Uttar Pradesh (1977), Madhya Pradesh (1981), Andhra Pradesh (1983), Himachal Pradesh (1983), Karnataka (1984), Assam (1986), Gujarat (1988), Delhi (1995), Punjab (1996), Kerala (1998), Chhattishgarh (2002), Uttaranchal (2002) and West Bengal (2003) and Haryana (2004). The structure of the Lokayukta is not uniform across all the states. Some states have UpaLokayukta under Lokayukta and in some states, the Lokayukta doesn't have sou moto powers of instigating an enquiry. Kerala State has an Ombudsman for Local Self Government institutions like Panchayaths, Municipalities and Corporations. He or she can enquire/investigate into allegations of action, inaction, corruption and mal administration. A Retd. Judge of the High Court is appointed by the Governor for a term of 3 years. The appointment is made under the provisions of the Kerala Panchayath Raj Act. In the State of Rajasthan, the Lokayukta institution was established in the year 1973 after the Rajasthan Lokayukta and Up-Lokayuktas Act, 1973 was passed by the State Legislature and received assent of the President on 26.3.1973. [edit] IrelandThe Office of Ombudsman was set up under the terms of the Ombudsman Act, 1980. The Ombudsman is appointed by the President of Ireland upon the nomination of both Houses of the Oireachtas, and is a civil servant of the State. The Ombudsman deals with complaints against Departments of State, local authorities, health boards and An Post. There are other ombudsmen established in the Republic. The first Pensions Ombudsman, Paul Kenny, was appointed in 2003. Emily Logan became Ireland’s first Ombudsman for Children in March 2004. The Financial Services Ombudsman incorporated the older offices of the Insurance Ombudsman and Ombudsman for Credit Institutions in 2005. Also established in 2005 was the Office of the Ombudsman for the Defence Forces, the first holder being Paulyn Marrinan Quinn, formerly an Insurance Ombudsman. An Act of 2005 created a three-person tribunal, the Garda Síochána Ombudsman Commission,to investigate complaints about the country's police force. All these offices are statutory and their holders are public servants. A (non-statutory) Press Ombudsman began work in January 2008 and legislation has been published to establish a Legal Services Ombudsman. The Ombudsman (Amendment) Bill of 2008 will provide for the statutory protection of the title of Ombudsman. [edit] IsraelThe State Comptroller of Israel also serves, by law, as Ombudsman. She or he discharges this function by way of a special unit in the Office of the State Comptroller, known as the Office of the Ombudsman. The Ombudsman investigates complaints against bodies that are statutorily subject to audit by the State Comptroller, including government ministries, local authorities, state enterprises and institutions and government companies, as well as their employees. [edit] ItalyIn Italy there is no ombudsman at the national level however many units of sub-national government (regions, provinces and communes) have their own ombudsman, known as difensore civico, who are elected by regional, provincial or communal councils. [edit] LatviaSince 2007, the Latvian ombudsman is a personalized institution literally called Rights' Defender (Tiesībsargs). Previously, similar functions were carried by National Human Rights Office (1995—2006). [edit] LithuaniaIn Lithuania, the position of ombudsman is not very popular or powerful at the national level, however, there are controllers of the Parliament ("Seimo kontrolierius*) working in the Seimas. [edit] MacedoniaSince 1997 Macedonia has an Ombudsman Institution named "Naroden pravobranitel for protection of citizens rights". The ombudsman is appointed by the Parliament and performs her or his work under the Constitution and the Law of the Ombudsman. [edit] NetherlandsThe idea of ombudsman was introduced in the Netherlands by VARA-presenter Tom Pauka, after a holiday in Sweden in 1969. A television program was started with the name De Ombudsman. Today the Constitution of the Netherlands determines that there is a National Ombudsman, a state institution. [edit] New ZealandThe post of Ombudsman was established in New Zealand in 1962, to investigate complaints against government departments. In 1975 the post was expanded, with a Chief Ombudsman and several (number unspecified) of other ombudsmen. New Zealand also has three industry ombudsmen - the Banking Ombudsman, the Insurance and Savings Ombudsman, and the Electricity and Gas Complaints Commissioner who is an ombudsman in all but name. The Parliamentary Ombudsman has a high-level position of power in New Zealand. According to the US-American Slanguage dictionary, it is either a brave or foolish agency who tries to flout an ombudsman's rulings. [edit] Norway
[edit] PakistanIn Pakistan, the establishment of the institution of Ombudsman was advocated on several occasions. It was, however, Article 276 of the Interim Constitution of 1972, which for the first time provided for the appointment of a Federal Ombudsman as well as Provincial Ombudsmen. Subsequently, the Constitution of 1973 included the Federal Ombudsman at item 13 of the Federal Legislative List in the Fourth Schedule. The Institution of Ombudsman was, however, actually brought into being through the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President’s Order No. 1 of 1983), which is now a part of the Constitution of the Islamic Republic of Pakistan by virtue of Article 270-A. It started functioning on 8 August, 1983. The Ombudsman in Pakistan is called "Wafaqi Mohtasib", (English: "Federal Ombudsman") with its headquarters in Islamabad and Regional Offices in Lahore, Sukkur, Quetta, Faisalabad, Multan, Dera Ismail Khan, Peshawar and Karachi. The official website of Ombudsman in Pakistan is http://www.mohtasib.gov.pk [edit] PeruThe Peruvian Ombudsman is called "Defensor del Pueblo". [edit] PhilippinesThe Office of the Ombudsman of the Philippines is empowered by the Constitution of the Philippines to safeguard the government and government-related institutions and corporations from corruption and dispense justice in the case of such offenses. [edit] PolandThe Polish Ombudsman is called the Rzecznik Praw Obywatelskich. [edit] PortugalThe Portuguese Ombudsman is called the Provedor de Justiça (Justice Provider), and its role is defined in article 23 of the Constitution of Portugal: 1. Citizens may submit complaints against actions or omissions by the public authorities to the Ombudsman, who shall assess them without the power to take decisions and shall send the competent bodies such recommendations as may be necessary in order to prevent or make good any injustices. 2. The Ombudsman’s work shall be independent of any acts of grace or legal remedies provided for in this Constitution or the law. 3. The Ombudsman’s office shall be an independent body and the Assembly of the Republic shall appoint the Ombudsman for such time as the law may determine. 4. The bodies and agents of the Public Administration shall cooperate with the Ombudsman in the fulfilment of his mission. Besides the traditional roles, there are two toll-free lines: one for children and one for senior citizens. [edit] External links[edit] RomaniaThe Romanian Ombudsman is known as Avocatul Poporului, meaning People's Advocate. [edit] RussiaRussian ombudsman position is called Commissioner for Human Rights. Russia's Commissioner for Human Rights is appointed for a certain term by the Parliament. The ombudsman cannot be dismissed before the end of his term, and is not subordinate to any body of power, including the President or the Government. Russia’s 83 administrative regions has the right to elect a local ombudsman whose authority is limited to that region. Less than half have done so.[14][15] This chair is currently held by Vladimir Lukin. [edit] Sri LankaThe Government of Sri Lanka has designated several ombudsmen for the redress of grievances and complaints from individuals in the banking, insurance and other sectors being serviced by both private and public bodies and corporations. [edit] South Africa[edit] SpainThe Spanish laws translate "ombudsman" as defensor del pueblo ("Defender of the People"). The Spanish Defensor can start processes at the Constitutional Court. There is a general Defensor del Pueblo for issues with the Spanish administration, and regional ones for the autonomous communities of Spain, for instance:
[edit] Sweden
Governmental ombudsmen:
Further, the Director-General of the Swedish Consumer Agency is also designated Consumer Ombudsman, and the Chancellor of Justice is an ombudsman of sorts. [edit] ThailandThe Ombudsmen of Thailand or Ombudsmen for the National Assembly (Thai: ผู้ตรวจการแผ่นดินของรัฐสภา; RTGS: Phu Truat Kan Phaen Din Khong Ratthasapha) was first created in the 1997 Constitution of Thailand or the 'People's' Constitution. The idea for such an office first appeared in the 1974 Constitution, however it was not until 1997 that the idea was entrenched. Currently there are 3 ombudsmen who were appointed by the King of Thailand at the advice of the Senate of Thailand. The Ombudsmen take investigate complaints by the general public against public officials and agencies, they have the power to prosecute but not enforcement. The Ombudsmen are appointed to a six years non renewable term. The three Ombudsmen are:
[edit] UkraineOffice of ombudsman in Ukraine was instituted in 1998. Since then it is held by Nina Karpachova, who was reelected for the office three times. The last re-election date was 8 February 2007. Ukrainian's ombudsman official site: http://ombudsman.kiev.ua/ [edit] United KingdomIn the United Kingdom a post of Ombudsman is attached to the Westminster Parliament with additional posts at the Scottish Parliament, the Welsh Assembly and other government institutions. [edit] About UK Ombudsman ServicesThe primary UK Ombudsman is known as the Parliamentary and Health Service Ombudsman, also known as the Parliamentary Commissioner for Administration (PCA), which looks into complaints "that government departments, their agencies and some other public bodies in the UK - and the NHS in England - have not acted properly or fairly or have provided a poor service." The UK Ombudsman will usually investigate complaints where there has been evidence of "maladministration" having occurred which has resulted in an "unremedied injustice". Complaints to the Ombudsman are subject to a "time bar" - this means that the Ombudsman may determine a complaint to be out of jurisdiction if too much time has passed between the event or course of events being complained about and the complaint being received by the Ombudsman. [edit] List of all Ombudsman Services in the United Kingdom
[edit] ShortcomingsThe impartiality of some UK Ombudsman services has been questioned. In particular the Local Government Ombudsman - all three current Local Ombudsmen previously served as Chief Executives in Local Government and the Local Government Association played a part in their appointment - have been accused of bias and of merely acting as a rubber stamp. [5] [edit] United States[edit] Department of Homeland Security Citizenship and Immigration Services OmbudsmanThe Department of Homeland Security (DHS) Citizenship and Immigration Services Ombudsman (CIS Ombudsman) http://www.dhs.gov/cisombudsman provides recommendations for resolving individual and employer problems with the United States Citizenship and Immigration Services (USCIS). As mandated by the Homeland Security Act of 2002 § 452, The Office of the CIS Ombudsman (CISOMB) is not a part of USCIS, it is an independent DHS office which reports directly to the DHS Deputy Secretary. The DHS CIS Ombudsman: (1) Assists individuals and employers in resolving problems with USCIS; (2) Identifies areas in which individuals and employers have problems in dealing with USCIS; and (3) Proposes changes to mitigate identified problems. By June 30 of each calendar year the Ombudsman submits an annual report to the House and Senate Committees on the Judiciary without any prior comment or amendment from any administrative agency official including: the Secretary, Deputy Secretary, or Director of U.S. Citizenship and Immigration Services. The Ombudsman’s annual reports focus on identifying systemic issues that cause delay in granting immigration benefits as well as pervasive and serious problems faced by individuals and employers in their interactions with the U.S. Citizenship and Immigration Services (USCIS). The First Citizenship and Immigration Services Ombudsman was Prakash Khatri, who served from July 2003 to February 2008. During his tenure, he delivered four annual reports to Congress which included over 70 recommendations for improvements to the United States Citizenship and Immigration Services. The reports can be accessed at www.dhs.gov/cisombudsman. The 2007 report can be located at http://www.dhs.gov/xlibrary/assets/CISOMB_Annual_Report_2007.pdf Earlier reports can be found at http://www.dhs.gov/xabout/structure/gc_1183996985695.shtm . [edit]The U.S. Navy implemented an ombudsman program in 1970, under the direction of Admiral Elmo Zumwalt. Through the Navy Ombudsman Program, communication between the spouses of active duty personnel and the command is kept open, thereby improving the quality of life for everyone involved. The Navy command ombudsman is a volunteer position, with no special favors bestowed upon them. The purpose of this program is to ensure the dependents of active duty personnel have a channel of resources for their needs and quality of life. A command ombudsman can guide you to the help you may need, before, during or after a deployment. The Navy Ombudsman undergoes almost constant training, and is bound by confidentiality in most cases, the exception being any hint of child abuse. An ombudsman meets with department heads aboard a naval installation to find out the latest news, and pass it on, including news on ship deployments, cutting down on potentially harmful gossip. [edit] King County (Seattle), WAThe King County Ombudsman's Office was created by the voters of King County, WA, in the Home Rule Charter of 1968, and operates as an independent office within the legislative branch of King County government. The Office investigates complaints regarding the administrative conduct of King County agencies, and alleged violations of county codes dealing with employee ethics, whistleblower protection, and lobbyist disclosure. The King County Ombudsman is appointed to a renewable five-year term by the King County Council and is removable mid-term only for cause. [edit] Los AngelesThe Los Angeles County Department of Ombudsman was created via the approval of an ordinance in 1993 by the Los Angeles County Board of Supervisors. This department was the first of its kind in the state of California and the first nationally involved in law enforcement oversight.[16] [edit] New York CityThe New York City Public Advocate has an Ombudsman team that investigates and responds to telephone and written complaints/queries regarding city agency services, providing information and referrals. [edit] State Long Term Care OmbudsmenEvery state has a long term care ombudsman, and many states have supplemental programs developed to protect long term care residents' rights. [6] [edit] State level ombudsmenThe job description for state offices of ombudsmen invariably involves the trouble-shooting function of investigating citizen complaints concerning specific acts by government agencies. For example, in Nebraska the ombudsman's duties are as follows:
Since 1967 at least five state legislatures have established and continued to employ a full-time ombudsman, i.e. Hawaii, Nebraska, Alaska, Iowa and Arizona. Many other states have ombudsmen appointed by, and located within the office of, the governor. Other states have ombudsmen specific to particular issues. New York State has, for example, a longterm care ombudsman whose duties include assistance to residents of nursing homes. The Rhode Island Department of Environmental Management employs an ombudsman "charged with authority to undertake independent, and in certain cases confidential, fact-finding in response to external or internal complaints or questions about the Department's performance." The office is currently held by Thomas Getz.[18] [edit] Fictional ombudsmenIn the science fiction television series Babylon 5, the arbiters aboard space station Babylon 5 who preside over cases stemming from public complaints are referred to as ombuds (this is both the singular and plural designation), the gender-neutral title for an ombudsman. Just as with their modern European counterparts, the ombuds only preside over public cases, including robbery, assault, and murder, and do not interpret law as a regular judiciary does. John Perry, the protagonist of The Last Colony, written by John Scalzi starts off the novel as an ombudsman for a newly-settled human colony. The webcomic PvP ran a story arc starting at the beginning of March 2009 parodying the comic series and movie Watchmen called The Ombudsmen. [edit] See also
[edit] References
[edit] External links
[edit] Classical/Legislative ombudsmen[edit] Albanian Government Ombudsman
[edit] Australian government ombudsmen
[edit] Azerbaijan government ombudsman[edit] Brazilian government ombudsmen
[edit] Canadian government ombudsmen
[edit] Chilean ombudsman
[edit] Czech government ombudsman
[edit] European Parliament ombudsman
[edit] Irish ombudsmen[edit] Israeli ombudsman[edit] New Zealand government ombudsmen[edit] Philippine government ombudsman[edit] Swedish government ombudsmen
[edit] Ukrainian government ombudsman
[edit] United Kingdom government ombudsmen
[edit] United States government ombudsmen
[edit] Non-governmental (organizational) ombudsman services[edit] Australia
Established in 1993 by the Australian Federal Government, the TIO is independent of industry, the government and consumer organisations. The TIO is authorised to investigate complaints about the provision or supply of telephone or Internet services. (information was supplied by the official website of the TIO)
[edit] Ombudsman associations
[edit] Ombudsman directories
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