OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of
Bulgaria
13.
The importance that the United Nations ascribe to NHRIs in the promotion and
protection of human rights is documented by various resolutions of the UN General
Assembly and the UN Human Rights Council. 9 Additionally, the United Nations
Development Programme (hereinafter “UNDP”) and the Office of the United Nations
High Commissioner for Human Rights (hereinafter “OCHCR”) have published a
Toolkit for Collaboration with National Human Rights Institutions. The toolkit explains
the various models of NHRIs and provides guidance on how to support NHRIs in the
different phases of their existence, from their establishment to supporting their
development into more mature NHRIs and re-accreditation efforts.10
14.
At the Council of Europe (hereinafter “CoE”) level, Parliamentary Assembly
Recommendation 1615 (2003) sets out characteristics which are essential for any
Ombudsman institution to operate effectively. 11 The European Commission for
Democracy through Law (hereinafter “Venice Commission”) also published a
Compilation of Venice Commission Opinions concerning the Ombudsman Institution.12
15.
OSCE participating States, in the Copenhagen Document of 1990, have committed to
facilitating “the establishment and strengthening of independent national institutions in
the area of human rights and the rule of law”.13 Other OSCE commitments have further
emphasized the important role that NHRIs play in the protection and promotion of
human rights, in particular, the Bucharest Plan of Action for Combatting Terrorism,
which tasks the OSCE/ODIHR with continuing and increasing “efforts to promote and
assist in building democratic institutions at the request of States, inter alia by helping to
strengthen […] ombudsman institutions”. 14 OSCE commitments also encourage the
establishment of NHRIs, such as Ombudsman institutions, to address discrimination
against Roma and Sinti 15 and women 16 and to generally combat intolerance and
9
10
11
12
13
14
15
16
See e.g., UN General Assembly, Resolution no. 70/163 on National Institutions for the Promotion and Protection of
Human
Rights,
A/RES/70/163,
adopted
on
17
December
2015,
available
at
http://www.un.org/en/ga/search/view_doc.asp?symbol=A/RES/70/163; Resolutions nos. 63/169 and 65/207 on the Role
of the Ombudsman, Mediator and Other National Human Rights Institutions in the Promotion and Protection of Human
Rights, A/RES/63/169 and A/RES/65/207, adopted on 18 December 2008 and on 21 December 2010 respectively;
Resolutions nos. 63/172 and 64/161 on National Institutions for the Promotion and Protection of Human Rights,
A/RES/63/172 and A/RES/64/161, adopted on 18 December 2008 and 18 December 2009 respectively; and Resolution
no. 48/134 on National Institutions for the Promotion and Protection of Human Rights, A/RES/48/134, adopted on 4
March 1994 – all available at http://www.un.org/en/sections/documents/general-assembly-resolutions/index.html. See
also the Resolution no. 27/18 on National Institutions for the Promotion and Protection of Human Rights of the UN
human
Rights
Council,
A/HRC/RES/27/18,
adopted
on
7
October
2014,
available
at
http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/27/L.25.
UNDP-OHCHR Toolkit, op. cit. footnote 4, page 241.
Parliamentary Assembly of the Council of Europe (PACE), Recommendation 1615 (2003) on the Institution of
Ombudsman, 8 September
2003,
available
at
http://assembly.coe.int/nw/xml/XRef/Xref-XML2HTMLEN.asp?fileid=17133&lang=en; other CoE recommendations of relevance are CoE Committee of Minister,
Recommendation Rec(97)14E on the Establishment of Independent National Institutions for the Promotion and
Protection of Human Rights, 30 September 1997, available at https://wcd.coe.int/ViewDoc.jsp?id=589191; PACE,
Recommendation 1959 (2013) on the Strengthening the Institution of Ombudsman in Europe, adopted on 4 October 2013,
available at http://www.assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewPDF.asp?FileID=20232&lang=en.
Available at http://www.venice.coe.int/webforms/documents/?pdf=CDL-PI(2016)001-e.
See
OSCE
Copenhagen
Document
(1990),
par
27,
available
at
http://www.osce.org/odihr/elections/14304?download=true.
See Bucharest Plan of Action for Combating Terrorism (2001), Annex to OSCE Ministerial Council Decision on
Combating Terrorism, MC(9).DEC/1, 4 December 2001, par 10, available at http://www.osce.org/atu/42524.
See Annex to OSCE Ministerial Council Decision No. 3/03: Action Plan on Improving the Situation of Roma and Sinti
within the OSCE Area, 1 and 2 December 20013, par 22, available at http://www.osce.org/odihr/17554.
See OSCE Ministerial Council Decision No. 14/04 “2004 OSCE Action Plan for the Promotion of Gender Equality”, 7
December 2004, par 42, available at http://www.osce.org/mc/23295.
6