OSCE/ODIHR Opinion on the Draft Act on the Independent National Human Rights Institution of
Iceland
Ombudsman (or Parliamentary Ombudsman) who is tasked to counter and remedy
instances of maladministration by the executive or private persons vested with public
authority;38 and the Gender Equality Complaints Committee, which handles complaints
pertaining to alleged discrimination based on gender.39
36.
Overall, and as noted by certain international human rights monitoring bodies, there
seems to be a relatively complicated system of complaints-handling mechanisms
established under various government agencies in Iceland.40 Any such mechanism,
whether falling within the competency of an NHRI or another thematic human rights
institution, should ensure that complaints are handled fairly, quickly and effectively
through processes which are clear and readily accessible to the public.41 While this may
go beyond the scope of this opinion, it is nevertheless recommended that the legal
drafters and stakeholders re-discuss the existing complaints-handling systems in
Iceland, to ensure that they are coherent, not overly complex and easily accessible. In
particular, the legislator should assess whether existing mechanisms are adequate to
deal effectively with individual complaints of human rights violations and ensure
effective protection. If not, the legislator may consider including the possibility for
the NHRI to review individual complaints of human rights violations in the Draft
Act. In this respect, it is worth mentioning General Observation 2.10, which provides
useful guidance as to the powers and functions of an NHRI that has a mandate to
receive, consider and/or resolve complaints alleging violations of human rights. In any
case, there should be adequate co-ordination between all complaints-handling systems
in Iceland and information and statistics on all human rights-related complaints should
be transmitted to the NHRI as the main human rights protection mechanism in Iceland,
to allow it to gain a comprehensive overview of the human rights situation in the
country.
37.
Article 3 par 2 also specifies that the NHRI “may provide individuals seeking its
assistance with guidance on how to enforce human rights, including on avenues of
complaint to Icelandic government authorities and international organisations”. This
provision fails to provide for a clear and adequate referral mechanism whereby the
NHRI should refer these complaints to other thematic human rights institutions or
competent governmental or judicial bodies. It may be advisable to supplement
Article 3 par 2 in that respect.
3.3. The NHRI’s Powers to Seek Information
38.
38
39
40
41
42
Article 7 of the Draft Act provides that government bodies shall provide the NHRI with
any information deemed necessary to perform its role. The personal scope of this
provision appears unduly limited as it only concerns “government bodies”. It is of
utmost importance that all legal entities in Iceland are legally obliged to provide the
NHRI with such assistance.42 Moreover, General Observation 1.2 requires that the
See Articles 2 and 3 of the Act No. 85/1997 on the Althing Ombudsman (1997), available at
http://www.legislationline.org/download/action/download/id/3908/file/Iceland_%20Althing_Ombudsman_Act_1997_en.pdf.
See the Report of the Working Group on the issue of discrimination against women in law and in practice on its Mission to Iceland,
A/HRC/26/39/Add.1,
16
September
2014,
pars
56-57,
available
at
https://documents-ddsny.un.org/doc/UNDOC/GEN/G14/162/77/PDF/G1416277.pdf?OpenElement.
See the UN Committee on the Rights of the Child, Concluding Observations on Iceland, CRC/C/ISL/CO/3-4, 23 January 2012, par 16,
available at http://tbinternet.ohchr.org/_layouts/treatybodyexternal/Download.aspx?symbolno=CRC/C/ISL/CO/3-4&Lang=En.
See General Observation 2.10 regarding specifically the handling of complaints by NHRIs, which should a fortiori be applicable to other
complaints-handling mechanisms.
See
e.g.,
Section
6
of
the
Parliamentary
Ombudsman
Act
of
Finland
(197/2002),
available
at
http://www.legislationline.org/topics/country/32/topic/82, which states that “[t]he Ombudsman has the right to executive assistance free
13
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