Human Rights Commissions and Ombudsman Offices: National Experiences Throughout the WorldKamal Hossain Martinus Nijhoff Publishers, 2000 - 864 pages This volume reflects the findings of a conference organized in preparation of setting up a national human rights commission and ombudsman institution in the Federal Democratic Republic of Ethiopia. The meeting assembled experts in the field of the protection and promotion of human rights, and of the problems of countries in transition from a non-democratic system, characterized by gross violations of human rights, towards a democratic system based on the rule of law and respect for human rights. The book analyses the functioning of national human rights commissions and ombudsman institutions in 23 different countries, by means of country report written in the main by members of these institutions themselves and containing an assessment of their experience. Many offer relevant constitutional and legislative provisions as well. This volume thus forms a unique collection of materials dealing with national human rights commissions and ombudsman offices. |
Contents
Kamal Hossain | 1 |
Dr Haile Selassie Gebre Selassie and Dr Edmond Völker | 7 |
Change of Regime Human Rights and Law Enforcement Bodies Post1991 | 18 |
Concluding Remarks | 33 |
The Law Society | 35 |
The Medical Council of Malawi | 36 |
The Society for the Advancement of Science in Malawi | 37 |
The University of Malawi | 38 |
The form and basis of a complaint | 371 |
Cases taken up on own initiative | 372 |
Slovenia Ivan Bizjak The Human Rights Ombudsman of Slovenia | 373 |
Independence and impartiality | 374 |
Complaints regarding acts of government | 375 |
Investigation report and recommendation | 376 |
Legislation | 377 |
Election and position of the Ombudsman and his deputies | 378 |
Malawi Congress of Trade Union | 39 |
Civil Service Trade Union | 40 |
Yash Ghai | 41 |
Media Council of Malawi | 42 |
The Case of Ethiopia | 51 |
National Constitutions Human Rights and Development | 57 |
The Role of International Organizations in the Protection of Human Rights | 68 |
Conclusion | 78 |
Dilemmas | 84 |
Past Injustice Future Reconciliation | 90 |
Rodolfo Mattarollo | 97 |
The Trial Stage | 111 |
The Failure of Past Efforts to Achieve Accountability in Cambodia | 117 |
The Cambodian Genocide Program | 123 |
Peter Newell | 133 |
ANNEX | 142 |
a new voice to defend children | 149 |
Leonard F M Besselink | 157 |
Relations between ombudman and human rights commission | 159 |
Cameroon | 169 |
Some Lessons from the Cameroon Experience | 181 |
Legislation | 183 |
Independence | 189 |
Collaboration with Nongovernmental Organizations | 198 |
India | 211 |
Procedure | 217 |
Legislation | 219 |
Argentina | 233 |
Austria | 247 |
The procedure before the ombudsman | 255 |
Belgium | 269 |
The Independence of the Belgian parliamentary ombudsman | 279 |
55555 | 282 |
Legislation | 283 |
57 | 297 |
Costa Rica | 299 |
Rulings | 312 |
Namibia | 331 |
58 | 337 |
Ric de Rooij | 343 |
Investigation report and recommendation | 349 |
Introduction | 354 |
Legislation | 355 |
Norway | 365 |
Purpose | 368 |
Right to obtain information | 369 |
Report to the Storting | 370 |
Jurisdiction of the Ombudsman | 380 |
The rights of the Ombudsman | 383 |
The bureau of the Ombudsman | 384 |
Human Rights Ombudsman Rules of Procedure | 385 |
The proceedings | 387 |
Other provisions | 390 |
Spain | 393 |
The parliamentary Committees on Human Rights | 413 |
Sweden | 423 |
Cases initiated by the Ombudsmen | 429 |
Zambia | 437 |
Michelle Falardeau Ramsy | 453 |
Gerard Savard Director General Canadian Human Rights Commission | 459 |
The Development of the Protection of Rights | 478 |
Jamieson | 511 |
Justice E M Singini | 527 |
Hon James Makoza Chirwa | 533 |
Dr Muhammed Tabiu | 553 |
Chief J I Edokpa | 561 |
Legislation | 567 |
Edmond R B Nkalubo | 579 |
The Inspectorate of the Government | 588 |
David McQuoidMason | 617 |
N Barney Pityana | 627 |
Human Rights Education and Public Awareness | 633 |
Adv S A M Baqwa | 639 |
Neff and Eric Avebury | 667 |
Other Human Rights Safeguards in UK Law | 678 |
Christopher Boothman | 691 |
Limitation Period | 695 |
Richard Carver and Paul Hunt | 733 |
Case Studies | 744 |
Observations and Suggestions | 751 |
Alex de Waal | 759 |
Human Rights as a Foreign Policy Tool for Western Governments | 772 |
A Human Rights Agenda for Africa | 780 |
Essential Elements | 786 |
National and International Protection of Human Rights | 792 |
Brian Burdekin | 801 |
Participation in the drafting of legislation | 811 |
Relations with individuals | 824 |
Appendix A Structure And Functions of Australian Human Rights and Equal | 831 |
Introductory Note | 837 |
Institution of the Ombudsman Establishment Proclamation No 2112000 | 849 |
859 | |
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Common terms and phrases
action activities administrative authorities alleged annual report appointed Article Belgium body budget Cambodia Cameroon Chairperson citizens Commission on Human Commissioner Committee competent complaint concerned conduct Congress Constitutional Court Convention countries Craig Etcheson criminal decision Defensor del Pueblo Democratic Kampuchea Deputy documents duties elected ensure established Ethiopia exercise federal functions Ghana his/her Human Rights Commission human rights institutions Hun Sen independence individual investigation issue judicial judiciary jurisdiction Justice Khmer Rouge Landesvolksanwalt Landtag legislation matter Minister National Human Rights national institutions National Ombudsman NGOs non-governmental organizations Ombudsman Act Ombudsman Board Ombudsman institution Ombudsman Offices Ombudsmen Council organizations Parliament parliamentary ombudsman parties person petition Pol Pot political President procedure proceedings proposed prosecution Prosecutor protection of human recommendations regard regime regional regulations relating Representatives request respect rights and freedoms Riksdag role rule Section staff submit tion tribunal United Nations violation of human Vorarlberg