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The Ombudsman presented the new Ombudsman Bill to Government for consideration
The Ombudsman presented the new Ombudsman Bill to Government for consideration.
Introduction
Malta is one of the very few member states of the European Union and of the Council of Europe that has not yet established a National Human Rights Institution (NHRI) in accordance with the Paris Principles of the United Nations.
The Office of the Ombudsman has consistently advocated in favour of its appointment as the NHRI for Malta, by extending its present remit to include a broader human rights mandate. The Ombudsman Act 1995 as it stands today empowers the Office to investigate complaints and make recommendations on acts or omissions of the public service and/or the public administration that result to be maladministration due to unjust, oppressive, or improperly discriminatory behaviour.
The strength of the Office of the Ombudsman, eventually to act also as a promotor and/or protector of human rights and fundamental freedoms, derives from its statutory and constitutional independence from Government and the other organs of the State, from the fact that its budget is not dependent on Government, and from the fact that although the budget has to be receive parliamentary approval as the Ombudsman is an officer of Parliament, the Office enjoys financial autonomy.
The Ombudsman and Human Rights
In many EU member states, the functions of NHRIs are part and parcel of the Office of the Ombudsman, as it has been factually proven that when one Office deals with greviances on matters of maladministration by the public service and the public administration and issues that affect human rights and fundamental freedoms, such matters can be better addressed and acted upon. The Paris Principles that govern NHRIs allow for flexibility in structure in a way that each country can tailor its NHRI to fit its legal, social and political context. Where Malta is concerned, several international bodies have acknowledged that, even in its present statutory role, the Office of the Ombudsman in Malta is an important player in the promotion of human rights.
Advocacy efforts
The first proposal
In 2013 the Office of the Ombudsman had proposed the setting up of an NHRI in Malta to monitor, promote and ensure the observance of fundamental human rights in the country. The proposal was in the sense that the Office should act as a catalyst and focal point of other national institutions and of both public and private authorities. The model was designed to offer a comprehensive overview of the protection afforded to persons against violations of their fundamental rights.
The White Paper of 2015 on Human Rights and Equality
In 2015, the Government of Malta published a White Paper titled “Towards the Establishment of the Human Rights and Equality Commission” (HREC).
The Office of the Ombudsman acknowledged that there was a consensus on the need for such a commission. However, the Ombudsman emphasised that the setting up of the HREC had to complement existing institutions, including the Ombudsman, without diminishing their roles.
The Ombudsman raised concerns regarding the proposed Equality Bill, cautioning against oversimplified interpretations that could lead to jurisdictional conflicts between existing bodies.
The Office recommended in depth consultation to ensure that the proposed commission would be integrated effectively into Malta’s legal framework.
Eventually two bills were presented before Parliament: The Equality Bill and the Human Rights and Equality Commission Bill. A parliamentary debate on both bills followed.
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Source: The Office of the Parliamentary Ombudsman - Malta
