OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas
Ombudsmen
31.
Aside from the definitions laid down in Article 2 of the Law, it is noted that
throughout the Law, only masculine pronouns are used. In order to accurately reflect
that women and men have the same chances of becoming Ombudsmen, it is
recommended to use male and female pronouns throughout the Law, thereby ensuring
its gender neutrality.
4.
Term of Office
32.
Chapter II on the Seimas Ombudsman deals mainly with eligibility for the office of
Ombudsman, and the appointment and dismissal from office of Ombudsmen, as well
as activities that are considered incompatible with the duties of Ombudsman.
33.
According to Article 6, citizens of Lithuania are eligible for the position of
Ombudsman if they are persons of high moral character, have a BA or MA in law/are
university graduates of law, and have a record of at least ten years of practice or
teaching of law. While this may be understandable and even appropriate for an
institution with a strong focus on maladministration, such requirements would appear
quite restrictive and unnecessary with regard to an independent human rights body.
As they are, they do not permit persons with non-legal backgrounds to become
Ombudsmen, even if they have substantive experience working in the field of human
rights. In line with previous recommendations on enhancing the human rights profile
of the Ombudsmen (see pars 23-24 supra), it is thus recommended to expand the
eligibility requirements under Article 6 so that also persons with other, non-legal
educational and professional backgrounds would be eligible to apply for the position
of Ombudsman, provided that they have high moral standards, an adequately strong
educational and professional background and recognized human rights experience.
34.
Article 7 states that the Seimas shall appoint two Ombudsmen for a term of five years
following their nomination by the Seimas Speaker. It would thus appear that the
entire recruitment and appointment process is very much Seimas-driven and
implemented, and not particularly transparent, inclusive or pluralistic. It does not
appear to involve any actors outside the Seimas, such as civil society, academia or
other relevant actors. For this reason, as mentioned above (see par 25 supra), the
independence of the Ombudsmen may be brought into question.
35.
Further to the above, according to the Paris Principles, the appointment of members
of an NHRI shall be established in accordance with a procedure which affords all
necessary guarantees to ensure the “pluralist representation of the social forces (of
civilian society) involved in the promotion and protection of human rights,
particularly by powers which will enable effective cooperation to be established with,
or through the presence of, representatives of human rights NGOs, trade unions,
concerned social and professional organizations”, e.g. lawyers, doctors’, journalists’
and “eminent scientists’” associations, trends in philosophical or religious thought,
universities and qualified experts, parliament, and government departments (in an
advisory capacity).18 It would also be important to include representatives from
vulnerable groups of society, such as ethnic, national, linguistic, sexual or other
minorities, as well as organizations protecting the rights of women, children and the
elderly.
18
See the Paris Principles, Composition and guarantees of independence and pluralism, par 1, op cit. note 2.
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