UNDP-OHCHR TOOLKIT continued TYPE OR MODEL 2. HUMAN RIGHTS OMBUDSMAN OFFICES CHARACTERISTICS Found in Scandinavian countries and the CIS. Single member head usually makes key decision. More informal and resolution focused approaches. Findings are usually recommendatory. Relatively large professional staff. POTENTIAL STRENGTHS POTENTIAL CHALLENGES Where ombudsman tradition is strong, can be effective. Findings can be ignored (except for those with authority to seek enforceable decisions). Single head can lead to operational efficiency. Institution may be seen as being about “one person” and may lack the structural depth of a commission in terms of leadership and staffing. More flexibility and less onerous investigatory processes. Advice-giving function strengthened by investigation mandate. Because the ombudsman or commissioner is the head of the organisation, reputation is especially important. This tends to “personalise” the office and can lead to greater difficulties in countries that have not yet developed a culture of respect for the office. Mechanisms needed to ensure pluralism of operations. Need to address individual case load may lead to less time to devote to other programme areas. HYBRID HUMAN RIGHTS INSTITUTIONS Found mainly in Latin America and the emerging democracies of Europe although examples exist in Africa and Asia-Pacific as well. Share characteristics of human rights ombudsman offices. Mandate is to protect and promote human rights and deal with malfeasance and/or corruption, and may extend to other issues. CONSULTATIVE/ ADVISORY HUMAN RIGHTS RESEARCH INSTITUTIONS Found in Europe, Africa, the Middle East and in some countries that share a Francophone tradition. Plurality of members assured by incorporating representatives from all social forces as members. Focus on advice-giving and research. Shares advantages of human rights ombudsman offices. Breadth of mandate may make it unmanageable and may short-change one or more aspects of the mandate. Allows one-stop service to clients. Risk that resource levels will not match broad responsibilities. Ensures that issues are dealt with without requiring referral to other agencies. Linking human rights to other issues may lead to diminished respect for the fundamental nature of human rights. Brings cost efficiencies and minimises conflicts with other institutions. Plurality enhances credibility. Absence of individual complaint mechanism means attention can be paid to policy-level and major issues that are of national significance.10 Risk that debates will remain at the academic level and not promote change in practice. Decision-making may be difficult given size and diversity of decision-makers. Costs of maintaining large number of commissioners may be prohibitive. Absence of complaint-taking function weakens protection mandate. Usually do not investigate individual complaints. Some consultative/advisory commissions do investigate individual cases and, where this is so, the commission has recommendatory authority only. Such consultative/advisory commissions will face the same potential difficulties as those NHRIs lacking authority to enforce decisions. 10 30