OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas
Ombudsmen
III.
EXECUTIVE SUMMARY
6.
A number of provisions of the current Law on the Seimas Ombudsmen reflect good
international practice on how to ensure a strong and effective NHRI. However, many
articles of the Law would benefit from certain amendments; indeed, it may even be
preferable to draft a completely new Law in order to ensure full compliance of the
Law or a future Law on the Seimas Ombudsman with international standards.
7.
Based on the above, it is thus recommended as follows:
1. Key Recommendations
A. to consider drafting a new restructured law on the Ombudsman, which would
foresee only one Ombudsman and which would adopt a broader human-rights
based approach, in accordance with the Paris Principles; [pars 17-19, 22, 24
and 70]
B. to make explicit reference to the mandate of promoting and protecting human
rights in the purpose of the Law; [par 20]
C. to include a reference to the obligation of the Ombuds Office to engage
closely with civil society when fulfilling its mandate, as well as with regional
and international human rights mechanisms; [par 21]
D. to explicitly strengthen the independence of the Ombuds Office in the Law,
including its financial independence [pars 25, 66 and 67]
E. to include in the Law a wide immunity clause for the Ombudsmen and staff
of the Ombuds Office; [par 26]
F. to ensure that Ombudsmen are elected, not appointed, by a two-thirds majority
of the Seimas, following a pluralistic, inclusive and transparent recruitment
and selection procedure; [pars 35-37]
2. Additional Recommendations
G. to amend Article 1 as follows:
1. Delete the terms “bureaucracy” and “abuse of power” and their
definitions from pars 1 and 4, and the Law in general, or at the very
least, merge this definition with them into one general definition of
abuse of power; [par 29]
2. Regulate cases involving excess of power separately from general
abuse of power cases; [par 30]
H. to use gender-neutral terminology throughout the Law; [par 31]
I. to make changes to Article 6 so that also persons with non-legal background
are eligible to apply for the position of Ombudsman, provided they have high
moral standards, a strong education/professional background and recognized
human rights experience; [par 33]
J. to amend Article 9 as follows:
4