OSCE/ODIHR Opinion on the Draft Law Amending and Supplementing the Ombudsman Act of Bulgaria legislation by the Venice Commission. 30 It would also be in keeping with European Union Law, as EU citizenship conveys certain rights not only to citizens, but also to persons who are citizens of an EU member State different from the one in which they reside.31 The extension of the mandate of the Ombudsman to the violation of human rights of non-citizens is also advisable in light of the recommendation of UNDP and OHCHR to include refugees and stateless persons within the ambit of the NHRI’s mandate.32 As Article 91a of the Bulgarian Constitution also limits the mandate of the Ombudsman to citizens, an amendment in line with the above recommendation may be considered by the Bulgarian legislator when engaging in any future constitutional reform process. 3. 21. 22. 30 31 32 33 34 The Power to Encourage the Ratification of International Instruments The Paris Principles state that an NHRI should have an explicit mandate to encourage a State to ratify or accede to international human rights instruments and to ensure their implementation. 33 This is already partly reflected in Article 19 par 1 (10) of the Ombudsman Act, which states that the Ombudsman shall “make proposals and recommendations to the Council of Ministers and the National Assembly concerning the signing and ratification of international acts in the field of human rights”. Article 6 par 2 of the Draft Amendments renders the legislative framework concerning this responsibility of the Ombudsman fully in line with the Paris Principles by adding that the Ombudsman shall “monitor and promote their effective implementation”. In order to further strengthen this important point, once the Draft Amendments are adopted, the monitoring and promotion of implementation could also be included in Article 33 of the Rules of Procedure, which explicitly states that the Ombudsman has the mandate to propose legislative amendments in his or her capacity as NPM. 4. Selection and Appointment 4.1 Selection and Appointment of the Ombudsman and the Deputy Ombudsman The SCA, in its 2011 recommendations regarding the accreditation of the Ombudsman, suggests a number of measures to render the appointment and selection process of the Ombudsman clearer, more transparent and participatory and to promote the independence of and confidence in the Ombudsman.34 Additionally, the Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or See Joint Opinion on the Draft Law on the Ombudsman of Serbia by the Venice Commission, the Commissioner for Human Rights and the Directorate General of Human Rights of the Council of Europe, CDL-AD(2004)041, 6 December 2004, pars 10 and 21, available at http://www.venice.coe.int/webforms/documents/?pdf=CDL-AD(2004)041-e; Opinion on the Draft Law on the Public Attorney of “The former Yugoslav Republic of Macedonia”, CDL-AD(2003)007, 21 March 2003, B I. Article 2.3 available at http://www.venice.coe.int/webforms/documents/default.aspx?pdffile=CDLAD(2003)007-e. E.g. EU citizens have the right to move and reside freely within the territory of the Member States (Article 21 of the Treaty on the Functioning of the European Union, hereinafter “TFEU”) as well as the right to vote and to stand as a candidate in elections to the European Parliament and in municipal elections in the Member State in which they reside, under the same conditions as nationals of that State, see Article 22 par 1 of the TFEU. UNDP-OHCHR Toolkit, op. cit. footnote 4, pages 178 and 180. Section A.3 (c) of the Paris Principles. 2011 SCA Report, pages 7-8. 9