19 Oct We demand that the Parliament elect a competent and independent Ombudsperson
The second term of the Ombudsman Ixhet Memeti expires at the end of 2020. Pursuant to the Law on the Ombudsman, the Parliament has the competency to initiate a procedure for the election of a new Ombudsman by publishing an announcement no later than three months before the expiration of the current mandate. In the run-up to the appointment, the Network for Protection against Discrimination demands that the Parliament elect a competent and independent person to this important position, in order to enable reforms in the operation of this institution, which for years has failed to provide effective and efficient protection of citizens rights.
Taking into account the media reports in the past period through which various political parties have publicly dared to announce that they plan to appoint party candidates for the position of Ombudsman, we appeal to all MPs and parliamentary political parties to refrain from party negotiations and conduct a transparent, inclusive and fair process for the election of the next Ombudsman.
Although the Ombudsman has been an institution for more than 20 years, it still fails to meet internationally prescribed criteria for national human rights institutions, such as the UNs Paris Principles on the Status of National Human Rights Institutions and the Venice Commissions Principles for the Protection and Promotion of the Ombudsman. Having a strong, independent and impartial Ombudsman institution is also important for the smooth implementation of the principle of the rule of law and respect for human rights as a basic precondition for progress in the European integration processes. The Fundamental Rights Agency of the European Union recommends providing greater transparency in the election process and their openness to the largest number of candidates, as well as involving the Parliament and independent actors in the process. In addition, the European Commission has once again reminded us that merits-based appointment of members of independent bodies is necessary in order to ensure their competence and integrity. This undoubtedly applies to the future Ombudsman.
As associations of citizens working to promote human rights and their protection in the country, over the years we have identified shortcomings in the management of this institution by the Ombudsman and inconsistency in implementing its constitutional mandate, which resulted in:
– insufficient transparency in operations;
– occasions of adopting inappropriate recommendations and opinions in cases whereby the elimination of the violations of the rights is not recommended;
– incomplete monitoring of the observance of the recommendations made by the body and lack of initiating follow-up actions in cases when the institutions do not comply with the recommendations;
– low level of sensitization and knowledge about the human rights of marginalized groups;
– insufficient cooperation and even refusal for cooperation with citizens’ associations;
– rare undertaking of measures upon the bodys own initiative;
– lack of activities for promotion of human rights;
– Inadequate data collection and infrequent conduct of discrimination research.
We consider it important to remind that the Priebe Report stated that the Ombudsman “appears reluctant to fully use his term, probably because he balances between not upsetting the ruling partys coterie too much about certain cases and his ability to conduct investigations in less politicized cases… The Ombudsman does not systematically approach the exposed potential human rights violations, although, apart from the obvious political pressure (direct or indirect), in theory, nothing prevents him from acting strongly upon manifestations as a true watchdog of order.”
All these shortcomings taken together, we can conclude that the Ombudsman insufficiently and inconsistently realizes his constitutional mandate and fails to protect the human rights of the citizens. Due to the arbitrariness and non-cooperation of the Ombudsman, the Ombudsman Plus institution, which should guarantee more effective protection of human rights, never came to life. All these problems stemming from the Ombudsmans work are largely due to the institutions the weak capacities, which in turn arise from the problems with independence, but also from the lack of knowledge and skills of the Ombudsman and the deputies.
We warn that by electing a party candidate for Ombudsman, and having in mind the latters long term of 8 years, with the possibility of re-election, the development of the institution will be made impossible once again, the budget funds needed for its work will be spent inappropriately, and the citizens will continue to be deprived from effective and efficient protection of their rights. A key precondition for the work of the Ombudsman is the selection of an independent and professional candidate, because the institution has the authority to protect the rights of citizens from violations by the state administration bodies. Additionally, regarding the latest developments reported by the media on the conflict between the Ombudsman and the Deputy Ombudsmen, as representatives of the non-governmental sector, being the watchdog of the institutions work as it is, we call on the competent institutions to check the published allegations and to react accordingly if necessary.
We appeal to all parliamentary political parties to understand and support the commitment to a non-partisan candidate, to not treat this institution as another opportunity for party-led employment, which will reveal real, and not only declaration-ridden, care for the human rights and freedoms of citizens.
Skopje, 19.10.2020
Contact person:
Dragana Drndarevska
078200675