Continue measures to strengthen the national human rights institutions
Proponent:
Nepal
Federal Democratic Republic of Nepal
Nepal
Federal Democratic Republic of Nepal
Various measures have been taken to strengthen the Austrian Ombudsman Board. In April 2022, the Austrian Ombudsman Board received full A status from the Global Alliance of National Human Rights Institutions (GANHRI) for improvements to its constitutional framework. This status requires full compliance with the United Nations Paris Principles, which define international standards for the independence, mandate and functioning of national human rights institutions. The improvements include a transparent appointment procedure, stronger cooperation with civil society and a comprehensive legal anchoring of the Ombudsman’s tasks. In April 2022, the Austrian Ombudsman Board received full A status from the Global Alliance of National Human Rights Institutions GANHRI in recognition of the improvements to the constitutional framework. A status requires full compliance with the United Nations Paris Principles. The United Nations defined the international standard for the role and functioning of National Human Rights Institutions (NHRIs) in 1993. The NHRI principles contain provisions on the mandate and mode of operation. The core elements are independence, a mandate encompassing all human rights, a legal mandate
mandate, a legal basis to ensure political legitimacy and independence as well as an infrastructure and funding that enable effective work. The relevant accreditation report published in March 2022 links the A status achieved with the obligation to make further improvements to the organisation’s effectiveness and independence in the areas of appointment procedures, inter-institutional diversity and cooperation with civil society (see accreditation report: https://www.ohchr.org/sites/default/files/2022-04/SCA-Report-March-2022_E.pdf). The introduction of a permanent informal sounding board with the participation of civil society organisations has led to significant improvements, particularly in the area of cooperation. In the context of the new appointment, civil society organisations are calling for a rapid adjustment of the appointment procedure in accordance with the Paris Principles. In this regard, the recommendations of the GANHRI of March 2022 are supported, which include a broad public call for tenders, the consideration of a diverse selection of candidates, the involvement of civil society organisations and transparent selection criteria. We call for the procedure to be reviewed and reformed in close consultation with civil society. An open letter from 25 civil society organisations dated 18 July 2022 addresses the need for a transparent and participatory selection and appointment process for national human rights institutions (NHRIs). It emphasises that such a process must be anchored in relevant laws, regulations or binding administrative guidelines to ensure independence and public trust in NHRIs. The organisations warn of the negative impact on civil society trust if the independence of NHRI members could be influenced by political connections, even if this is only a perceived threat (see Amnesty International Open Letter, 18.07.2022: https://cdn.amnesty.at/media/9979/offener-brief-volksanwaltschaft-18-07-22.pdf). As part of a review of the Austrian Ombudsman Board with regard to the agreement with international standards (so-called „Paris Principles“) in March 2022, GANHRI criticised in particular the appointment procedure, which does not do justice to the principle of independence. GANHRI considers the procedure currently enshrined in the Federal Constitution Act to be inadequate, comprehensive and transparent, as it does not provide for a public tender or opportunities for civil society to participate. Some NHRIs have their own budget, which enables them to act more independently, while budgetary sovereignty can be problematic in other cases. The political appointment of some members is sometimes a challenge, as clear quality criteria are not always guaranteed. Nevertheless, political or administrative experience among ombudsmen and ombudswomen can offer advantages and contribute to the effectiveness of their work;The mandate of the Austrian Ombudsman Board is comprehensively enshrined in constitutional and ordinary law and, in addition to the activities of an ombudsman’s office to monitor the state administration and the function of the National Human Rights Institution, also includes its position as a national preventive mechanism under the OPCAT (The Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) via the relevant commissions and the Human Rights Advisory Council (Ombudsman’s Office preventive human rights monitoring). From a children’s rights perspective, complementary measures should be examined, such as strengthening and harmonising the mandate of the Ombudspersons for Children and Youths in the federal states as well as more extensive structures focused on the implementation of children’s rights in Austria, similar to the monitoring structures under the Convention on the Rights of Persons with Disabilities. The report of the Austrian Ombudsman Board (1 January to 31 December 2023; III-1135 d.B.) see report : https://www.parlament.gv.at/dokument/XXVII/I/2578/fname_1632810.pdf, published on 4 June 2024, emphasises that the Austrian Ombudsman Board is facing major challenges. The increasing number of complaints requires an increase in human and financial resources. The report emphasises the need for structural adjustments in order to ensure the efficiency and quality of the Ombudsman Board’s work in the long term.
