OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of
Bulgaria
of rule of law.56 The UNDP-OHCHR Toolkit includes a checklist, which may be
consulted in order to ensure that an adequate budget and sufficient financial
autonomy is in place that allows the Ombudsman to properly fulfill his or her
mandate.57 In addition, legal provisions against unwarranted budgetary cutbacks
could be introduced, including, but not limited to, the principle that any reductions
in the NHRI’s budget should not exceed the percentage of reduction of the budgets
of the Parliament or the Government in the previous year.58
34.
Finally, it is important to reiterate the Concluding Observations of the Committee of the
rights of the Child, which stressed that, as Article 19 par. 9, gives the Ombudsman the
mandate to protect the rights of children, the Ombudsman should be receive
sufficient technical, financial and human resources to address violations of
children’s human rights in an efficient and child-sensitive manner.59 In a similar
fashion, it is noted that the Committee on Economic, Social and Cultural Rights
urged Bulgaria to ensure that economic, social and cultural rights are fully covered
by the mandate of the Ombudsman and that the Ombudsman Office is provided
with the “necessary resources for their effective functioning”.60
6.2. Specific Budget for the Ombudsman as a National Preventive Mechanism
35.
56
57
58
59
60
61
62
63
Since 2012, the Ombudsman Act has stipulated that the Ombudsman shall also act as an
NPM (Article 19 par 2 and Chapter four of the Ombudsman Act). In its Guidelines on
National Preventive Mechanisms (hereinafter “NPM Guidelines”), the Subcommittee on
the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment provides that “[w]here the body designated as the NPM performs other
functions in addition to those under the [OPCAT], its NPM functions should be located
within a separate unit or department, with its own staff and budget”.61 Additionally, the
NPM Guidelines state that NPMs should be provided with the necessary resources to
effectively operate in accordance with the OPCAT and that the NPM should enjoy
complete financial and operational autonomy. 62 It is recommended to amend the
Ombudsman Act, and/or the Rules of Procedure, as appropriate, in order to
ensure that the NPM functions are carried out by a separate unit or department
within the Ombudsman Office, with its own separate budget, allocated through a
separate budget line,63 and staff.
ibid.
ibid.
Op. cit. footnote 39, par 76 (OSCE/ODIHR NHRI Opinion Iceland); see also Venice Commission, Opinion on the draft
Constitutional Law on the Human Rights Defender of Armenia, adopted by the Venice Commission at its 109th Session
(Venice,
9-10
December
2016),
CDL-AD(2016)033,
par
69,
available
at
http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDL-AD(2016)033-e.
UN Committee on the Rights of the Child, Concluding observations on the combined third to fifth periodic reports of
Bulgaria, 21 November 2015, par 16, available at http://www.refworld.org/docid/587ce2884.html.
UN Committee on Economic, Social and Cultural Rights, Concluding observations on the combined fourth and fifth
reports of Bulgaria, adopted by the Committee at its forty-ninth session, 12-30 November 2012, par. 6, available at
http://docstore.ohchr.org/SelfServices/FilesHandler.ashx?enc=4slQ6QSmlBEDzFEovLCuWwpdI7QZ9ZIlVnEnVcAytL
18M9YU96Er9NYuRCpjXDuiLdDiKWIUgdKur18vufllQYcRSpjBLBXQnkaAyrpw6cvI%2B93UEnR78v47CH0s5Nt4.
Guidelines on National Preventive Mechanisms, op. cit. footnote 34, III. B. par 32.
ibid, Guidelines on National Preventive Mechanisms, I. A. par 11.
This is done e.g. in Moldova, where Article 31 of the Law on the People's Advocate (Ombudsman) reads: “The resources
necessary for the realization of the Council’s duties [as NPM], to contract specialists and experts are included in a
separate budget line, part of the budget of the People’s Advocate Office”.
14
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