A learning initiative to help Ombudsman officers across Europe deliver quality services to the citizen was launched on January 16, 2024, in Manchester, UK. The Learning Academy of the European International Ombudsman Institution (IOI) will serve as a specialized forum and training center where Ombudsmen and their officers will exchange ideas and practices, and develop new skills and modes of cooperation.

The European International Ombudsman Institute (IOI) marked a significant milestone with the launch of its Learning Academy during a two-day conference in Manchester. The event, hosted by the Parliamentary and Health Service Ombudsman of the United Kingdom and sponsored by the International Ombudsman Institute, highlights its commitment to advancing the role of Ombudsmen across Europe. The event was attended by Ombudsman members of the IOI Europe, including newly elected members of the IOI European Region Board.

Judge Emeritus Joseph Zammit McKeon, the Parliamentary Ombudsman, participated in this significant inaugural event, which is the first official occasion since his election to the IOI Regional Board. During the coming days, the Ombudsman will also attend the European Regional Board meeting, which both the outgoing and incoming boards will attend.

The opening day featured a welcome address by Mr Rob Behrens, CBE, the Parliamentary Ombudsman and Health Service Ombudsman of the United Kingdom. He underscored the significance of the meeting and the establishment of the Learning Academy. The session also included opening remarks from Chris Field, IOI President and Ombudsman of Western Australia; Dr Andreas Pottakis, President of the European IOI and Greek Ombudsman; and Baroness Neville-Rolfe, Minister of State, Cabinet Office UK.

A strategic discussion on the European IOI Academy formed the core of the first day’s agenda. This dialogue focused on identifying the academy’s target audience, selecting tutors, methods of knowledge sharing, encouraging participation, and exploring funding, administration, and organisational strategies.

The session gained further depth with contributions from Mr Dmytro Lubinets, the Ukrainian Parliament Commissioner for Human Rights. He shared his unique insights and experiences during the ongoing conflict in Ukraine. The day concluded with robust discussions on Peer Review and proposals for establishing an IOI Senate and Consultancy set-up.

This conference marked a pivotal step in strengthening the network and capabilities of Ombudsmen across Europe, underscoring the IOI’s dedication to fostering knowledge exchange and collaboration among its members.

“Armenian and Azerbaijani authorities should ensure focus on human rights protection in their peace talks and establish strong human rights safeguards for all persons affected by the conflict”, said the Council of Europe Commissioner for Human Rights, Dunja Mijatović, as she published her Observations following her visit to Armenia and Azerbaijan, including the Karabakh region, from 16 to 23 October 2023. It was the first time in decades that a human rights mission of this kind was able to visit the Karabakh region.

The visit was prompted by the mass displacement of over 101,000 Karabakh Armenians who fled to Armenia in the space of only a few days at the end of September. It followed Azerbaijan’s military action on 19 and 20 September, its subsequent full control over the region and the prolonged disruption in the movement of people and access to essential goods, services and energy supplies experienced by Karabakh Armenians as a result of a nine-month blocking of the road along the Lachin corridor by Azerbaijan. In Armenia, the Commissioner spoke with Karabakh Armenians who had left and were staying in shelters provided by the authorities. In Khankendi (referred to as Stepanakert by Karabakh Armenians) in Azerbaijan, following the departure of its population, the Commissioner witnessed empty streets, abandoned premises and almost no sign of the presence of civilians. On the basis of what she could hear and see, the Commissioner concluded that at the end of September 2023, Karabakh Armenians found themselves abandoned without any reliable security or protection guarantees by any party, and that, for them, leaving home was the only reasonable option available.

While welcoming the efforts made by the Armenian authorities to provide all those in need who arrived from the Karabakh region with the first basic assistance, the Commissioner stressed that Karabakh Armenians who fled to Armenia, and in particular those belonging to vulnerable groups, should be guaranteed access to all necessary support in the immediate, medium and long term. “Council of Europe member states should maintain a focus on providing financial support to ensure that the humanitarian needs of displaced persons and their host populations can be fully met”, added the Commissioner.

The Commissioner stressed that recently-displaced Karabakh Armenians in Armenia should be given the possibility of returning in safety and dignity – even if it seems hypothetical for most at the moment – including by finding flexible solutions, in particular as concerns their citizenship and legal status. Pending a possible return, ways should be promptly found, including by establishing security guarantees, for Karabakh Armenians to temporarily access their homes or places of habitual residence, and visit graveyards where loved ones are buried. It is incumbent on the Azerbaijani authorities to ensure that property left behind by Karabakh Armenians is protected from looting, theft or being taken over. The few ethnic Armenians who have stayed in the Karabakh region should also benefit from all human rights protection, including by having their freedom of movement secured.

Welcoming the steps taken by the Azerbaijani government to facilitate the return of internally displaced persons to the Karabakh region, the Commissioner expressed the hope that all internally displaced persons who so wish will be able to return as soon as possible in safety and dignity. More generally, the Commissioner stressed that all persons displaced by the long-lasting conflict have the right to return to their homes or places of habitual residence voluntarily and under conditions of safety and dignity, regardless of whether they have been displaced internally or across borders.

“All allegations of breaches of international humanitarian law and serious human rights violations reported in relation to the conflict need to be effectively and promptly investigated, the perpetrators brought to justice and if found guilty after a fair, independent and impartial trial, sentenced and punished. This includes allegations relating to the circumstances of the blocking of the Lachin corridor, the mass displacement of Karabakh Armenians and the military operation of 19 to 20 September”, said the Commissioner. She added that this must be done through a victim-centred approach that treats the victims and their families with sensitivity and compassion. A comprehensive approach to dealing with the past and addressing the serious human rights violations committed in the context of the conflict over the Karabakh region should also be put in place.

Other human rights issues addressed in the Commissioner’s Observations include the need to protect people from mines and explosive remnants of war; the situation of persons detained in connection with the conflict, including the conditions of their detention and level of contact with their families; and the importance of clarifying the fate of missing persons throughout the region and to provide answers to their families. Lastly, the Commissioner called on the authorities in both countries to combat hate speech and promote mutual understanding and trust, including by involving civil society in establishing human rights-compliant memorialisation and reconciliation processes.

• Read the Commissioner's Observations following her visit to Armenia and Azerbaijan, including the Karabakh region, from 16 to 23 October 2023

Our SPSO Conference 2023: Supporting Good Complaints Handling in a Changing World took place this year on Thursday 16 November 2023 at Murrayfield Stadium, Edinburgh.

Thank you to all who attended. Following your feedback and questions raised on the day, we are pleased to share the following resources:

• Outcomes from the vulnerability workshop
• FAQs document
• Article ‘Enabling Complaint Handler Wellbeing’ 

Please note that these documents are not official guidance from SPSO.

You can find the resources and further information on the conference web page.

In 2024, too, Human Rights Ombudsman Peter Svetina continues his visits to municipalities since he wishes to bring the institution of the Ombudsman closer to as many citizens as possible. On 12 January 2024, Ombudsman Svetina visited four municipalities in the Gorenjska region, where he met with their mayors and opened Ombudsman’s Corners. First, he met with the mayor of Bohinj, then the mayor of Gorje, Tržič, and finally the mayor of Naklo.

He talked with all of them about the challenges and most pressing issues they encounter in their work. The Ombudsman assured them that, within his jurisdiction, he will act with the bodies responsible. Every year, the Ombudsman receives several thousand letters and complaints in which individuals ask for help because they believe their rights have been violated. “These matters mostly pertain to the violation of human rights and fundamental freedoms and the principles of good governance and equity. We pay special attention to the violation of children’s rights, rights of persons with disabilities, older people, foreigners, and other groups of inhabitants,” emphasised Ombudsman Svetina at his meetings with the mayors.

After every meeting, Ombudsman Svetina, accompanied by the mayors, opened and presented the Ombudsman’s Corner, which is equipped with a stand on which people can find useful information about the work of the Ombudsman in the form of leaflets and brochures as well as a complaint form. “The Ombudsman’s Corner gives us another opportunity to step closer to our citizens in their local environment and help them if they find themselves in distress or have trouble finding answers or clarifications from various institutions and bodies. Information is available not only in the digital form but also in print, since many people have problems navigating through the flood of information online,” explained Svetina.

He added that the Ombudsman’s Corners have been very well received at municipalities and that he has noticed an increase in complaints due to greater recognisability of the institution of the Ombudsman. “Ombudsman’s Corners have been set up in 55 municipalities so far and I am pleased that municipalities have started contacting us with a desire to set up an Ombudsman’s Corner at their location. I am aware of the fact that I will not be able to install an Ombudsman’s Corner in every municipality in Slovenia by the end of my term, yet I aim to do so in as many as possible. I am convinced that they contribute to people getting acquainted with our work and our competences and make it is easier for them to understand when they can turn to us and what kind of help we can offer them in the enforcement of their rights,” declared Ombudsman Svetina.

Ombudsman Diana Kovacheva approached Andrey Tsekov, Minister of Regional Development and Public Works; Nikolay Nankov, Chair of the Parliamentary Committee on Regional Policy, Public Works and Local Self-Government; Delian Dobrev, Chair of the Parliamentary Committee on Energy; Ivailo Aleksiev, Executive Director of the Sustainable Energy Development Agency; and Anna Martinova-Petkova, Executive Director of the Audit of European Union Funds Executive Agency and brought to them the piles of complaints from associations of owners from different regions of the country as well as from mayors of municipalities to report problems under Procedure BG-RRP-4.023 “Support for sustainable energy renovation of the residential building stock – Stage I” under the National Recovery and Resilience Plan.

11 January 2024

Ombudsman Diana Kovacheva approached Andrey Tsekov, Minister of Regional Development and Public Works; Nikolay Nankov, Chair of the Parliamentary Committee on Regional Policy, Public Works and Local Self-Government; Delian Dobrev, Chair of the Parliamentary Committee on Energy; Ivailo Aleksiev, Executive Director of the Sustainable Energy Development Agency; and Anna Martinova-Petkova, Executive Director of the Audit of European Union Funds Executive Agency and brought to them the piles of complaints from associations of owners from different regions of the country as well as from mayors of municipalities to report problems under Procedure BG-RRP-4.023 “Support for sustainable energy renovation of the residential building stock – Stage I” under the National Recovery and Resilience Plan.

The discontent has been provoked by the exclusion from the application process for the free of charge rehabilitation despite the compliance with all needed requirements as set out in the Application Guidelines for the Procedure. Citizens disagree with the evaluations of the investment proposals, which they see as unfair. They express doubt about the impartiality of the analysis of the energy efficiency of the applicants, the buildings, and the non-exercise of control on this analysis. Citizens object strongly to the imbalance found in the buildings approved for rehabilitation in the municipalities in some of which there is not even one building approved.

“Regardless of the significant efforts made and the financial resource that is not small and that was invested (and that will be lost in the event of non-participation) to meet the set criteria, citizens are precluded to join the procedure for free,” the Ombudsman wrote.

Further, she wrote that the Chamber of Energy Auditors in Bulgaria, among other, entertains suspicions about prejudiced selection and insists on access to information about the order of appointment of the evaluation panel, the number of the panel members and their skills and asks to have the reports after the conclusion of the evaluation procedure.

The Ombudsman attached concrete complaints from associations of owners of residential buildings that had not been approved for rehabilitation in towns and cities as follows: Stara Zagora, Aitos, Svilengrad, Shoumen, Veliko Turnovo, Plovdiv, Sofia, Sandanski, Lovech, among other. There people ask questions about the evaluation, the vague criteria and the non-availability of sufficient information and, accordingly, request that an appeal procedure be initiated and give specific reasons for that.

For instance, one of the citizens’ associations asks for assistance to protect the rights of the owners of a condominium who have been making efforts in good faith ever since 2016 to contribute to the energy efficiency of their building but the 108 points awarded under the current procedure put them on a reserve list for participation in a second stage subject to 20% co-financing which they cannot afford.

Another association insists on a complete check of the evaluation of proposals and the disclosure of the reasons for the drastic cuts of the sums allocated as compared to the preset ceilings.

Third: it is considered that the announced results do not reflect, in a correct and fair manner, the cost of projects submitted within the procedure given the fact that there is not even one single project approved in their municipality (Aitos).

An association from Mladost residential area in Lovech expresses the disagreement of all owners with the result of the building under the project as, in their view, it does not reflect, in a correct and fair manner, the cost of the projects and they ask for a reconsideration of the project proposal and for the provision of complete information, including information about the possibility to contest the evaluation.

Another association of owners from Lovech objects to the criterion of renewable energy, as for example pellets or firewood, as “these automatically push the applicant to the bottom of the ranking list”, compared to approved similar buildings that have a different type of heating.

Owners from Sandanski request the reconsideration of the result of a project proposal rated with 108 points. The rating is questioned as they state that it was just one project approved for the municipality of Sandanski and express suspicions about the delivery of false energy certificates.

Moreover, an association of owners from Stata Zagora insists on “a complete revision of the Program itself, a complete reconsideration of the evaluation of the blocks of flats and a complete recalculation of the points awarded”.

“Very few of the associations that are on the reserve list for participation in Stage II, as indicated in the complaints, will be able to afford the required co-financing, therefore, I find it necessary to make an analysis on the possible alternatives, including the option of reallocation of funds,” Prof. Kovacheva wrote.

She added that the general public had been informed about the objections of the mayors of the municipalities Rousse, Dimitrovgrad, Smolyan, Stara Zagora, etc. who similarly insist on a revision of the selection and point out divergences between the funds planned and the funds really disbursed.

The Ombudsman warned about the obstacle to the possibility of funds from the National Recovery and Resilience Plan to reach more municipalities and to avoid a significant local concentration of investments in certain municipalities and regions.

“In view of the above-stated reasons and in line with Art. 19, para 1, subpara 7 and Art. 20, para 1, subpara 2 of the Ombudsman Act, I am addressing you in keeping with the powers provided for in the Spatial Development Act, the Energy Efficiency Act, the Management of Resources from the European Funds under Shared Management Act and other relevant acts with a proposal for complete consideration of the complaints lodged and objections made by the owners’ associations and to exercise control, among other matters, on: 1) compliance with the criteria as set in The Conditions to Apply for Funding under the Procedure  “Support for sustainable energy renovation of the residential building stock – Stage I” by the selection of proposals for investment by end beneficiaries under the sub-measure “Support for sustainable energy renovation of the residential building stock”; 2) energy audit and verification whether the methods adopted were properly applied in the energy efficiency analysis. If any violations are found, corrective measures should be applied to prevent action that may be detrimental to the process of energy renovation of the residential buildings,” the Ombudsman insisted.

Further, Prof. Kovacheva recommended that a broad public awareness campaign be launched to explain, inter alia, other existing options for citizens to become beneficiaries of funding to achieve energy efficiency of their residential buildings (such as the Development of Regions Program 2021-2027, the National Decarbonization Fund, the Just Transition Fund) and to encourage the input to the process on the part of energy poverty-stricken people.

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