BackFrom 27 – 29 September 2023, the “UN World Conference on Human Rights in Vienna 1993 – Strengthening Imperatives 30 Years After”, organised by the University of Vienna and the Ludwig Boltzmann Institute of Fundamental and Human Rights, took place in Vienna. The Austrian Ombudsman Board (AOB), the Public Protector of the Republic of South Africa and the Ombudswoman of the Republic of Croatia were among the many speakers, panellists, moderators and cooperating human rights organisations who came together to reiterate – as host Prof. Michael Lysander Fremuth put it - the three imperatives of the Vienna Conference 1993: universality, guarantees and democratisation.
The AOB, who organized the panel, took the occasion to exchange views with highly interesting panellists on the role of Ombuds institutions as human rights stakeholders. The podium discussion with Adv. Kholeka Gcaleka, Acting Public Protector of the Republic of South Africa, Ms. Tena Šimonović Einwalter, Ombudswoman of Croatia, and Ms. Barbara Liegl from the Ludwig Boltzmann Institute was chaired by Mr. Johannes Carniel, human rights lawyer at the AOB. He pointed out that the importance of Ombuds institutions as human rights players has been discussed since the 1970s. The Vienna Conference gave the discussion a new boost and following the Vienna Declaration some Ombuds institutions got an explicit human rights mandate, while others did not. However, Ombuds institutions are still not widely recognized as human rights players, even among some human rights experts.
Ms. Gcaleka reaffirmed the importance of Ombuds institutions as key players in promoting good governance and protecting human rights due to the powers harvested in them (often) by constitution, even if they do not have an explicit human rights mandate. While agreeing with Ms. Gcaleka, Ms. Šimonović Einwalter explained, that sadly not every Ombudsperson shares this view. For her, it is important to acknowledge the importance of national institutions for the enjoyment of human rights, as recognised in the Vienna Declaration. According to her “human rights have to translate to people’s lives”. This means that institutions have to act on a regional level in order for citizens to learn about the importance and daily impact of human rights. Change happens, where people understand that human rights violations actually take place close to their homes.
To achieve the goal “to translate human rights”, it is important to support institutions around the globe to enable them to train staff and develop a human rights culture, as Ms. Liegl, who has been primarily working with countries in the Western Balkans, pointed out. Under such circumstances Ombuds institutions have the ability to change structures or, at least, initiate change by issuing recommendations to prevent future human rights violations. However, firstly, Ombudsman have to gain credibility and influence in order to raise awareness of human rights by issuing recommendations, as Ms. Šimonović Einwalter pointed out. This might not be an easy task, since states are not always willing to grant a lot of power to institutions who criticise their work. However, due to provisions like, for instance, the Venice Principles, Ombuds institutions are provided with clear standards to work as independent and impartial institutions towards a better protection of human rights. Ms. Gcaleka further emphasized that Ombuds institutions are often well positioned to protect and promote human rights. They are aware of human rights issues through individual complaint procedures, but can also initiate investigations on their own motion and find systematic human rights violations. Finally, Ombuds institutions can act as mediators between the complainants and the authorities and thereby helping the individual to enjoy human rights.
In his closing statement, Mr. Carniel pointed out that societies are also human rights actors. In order to do so, the members of societies must know about human rights and stand behind human rights concepts. However, there might be a certain “human rights fatigue” among parts of society. To reduce this fatigue, individuals need to know, how human rights can change or influence their life, and that human rights apply to everyone and not only for “the others”. Ombuds institutions are very well suited to convey this message; no matter if they have an explicit human rights mandate or not.
The video recording of the panel discussion can be viewed on the conference’s website:
https://www.30years-vdpa.com/recordings (complete list not available yet)
