Human Rights Commissions and Ombudsman Offices: National Experiences Throughout the World

Front Cover
Kamal 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.
 

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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
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
Jurisdiction of the Ombudsman
380

Malawi Congress of Trade Union
39
Civil Service Trade Union
40
Yash Ghai
41
Media Council of Malawi
42
Kamal Hossain
55
Role Judiciary and National Institutions
61
The Role of International Organizations in the Protection of Human Rights
68
Conclusion
78
Dilemmas
84
Past Injustice Future Reconciliation
90
Rodolfo Mattarollo
97
Guarantee of the Rights of the Accused At the Pretrial Stage
107
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
Legislation
283
Costa Rica
299
Rulings
312
Namibia
331
Reports of Ombudsman
337
Ric de Rooij
343
Investigation report and recommendation
349
Legislation
355
Norway
365
Purpose
368
Right to obtain information
369
Report to the Storting
370
The form and basis of a complaint
371
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 Administration in a broad sense
404
Resolutions on the investigations
409
Sweden
423
Cases initiated by the Ombudsmen
429
Zambia
437
Michelle Falardeau Ramsy
453
Gerard Savard Director General Canadian Human Rights Commission
459
Jamieson
511
Malawi
527
Hon James Makoza Chirwa
533
Dr Muhammed Tabiu
553
The Ombudsman Institution
561
Legislation
567
Uganda
579
The Inspectorate of the Government
588
South Africa
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
Index
859
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