Am Montag, den 30.10.2023, begrüßte Volksanwältin Gaby Schwarz in ihrer Eigenschaft als Generalsekretärin des Internationalen Ombudsman Institute den ungarischen Ombudsmann Dr. Ákos Kozma zu einem Arbeitsgespräch in der Volksanwaltschaft. Dabei vereinbarten sie, die bilaterale Kooperation auszubauen. So wie die Volksanwaltschaft ist die ungarische Institution auch als Nationale Menschenrechtsinstitution und Nationaler Präventionsmechanismus tätig. Beabsichtigt ist insbesondere ein vertiefter Erfahrungsaustausch bei der Kontrolle von Einrichtungen in denen Menschen angehalten werden. So sollen im Frühjahr nächsten Jahres gemeinsam Besuche in Gefängnissen stattfinden. Interesse zeigte Ombudsmann Kozma auch an der Arbeit des Internationalen Ombudsman Institute.

We have laid our Annual Report for the year 2022-23 before the Scottish Parliament.

Highlights include:

• 3,527 public service complaints received and 3,829 closed
• 66% of public service complaint investigations upheld
• 350 recommendations made to public bodies, 52% relating to learning and improvement  
• 1,142 Scottish Welfare Fund reviews handled.  This includes the highest number of Crisis Grant and Community Care Grant reviews since the service was launched in 2016
• 125 whistleblowing cases received and the successful launch of our awareness raising campaign 'Speak Up Week'
• reaccreditation for Investors in People Gold status 

Rosemary Agnew, Scottish Public Services Ombudsman, said:

We started the year with 677 cases awaiting allocation, some of which were taking up to 11 months to pass to a complaints reviewer. That was not the only impact of the pandemic. Our Scottish Welfare Fund Reviewers had high caseloads because of the introduction of the Self-Isolation Support Grant, and the age profile of our open caseload was worryingly old.

Compare that to the end of the year. We had just had notification that we had achieved IIP Gold standard reaccreditation, unallocated cases had fallen to 298 and the waiting time for allocation had been reduced to five months (it has continued to fall). This was not all we did to address backlogs, we had also been allocating priority cases (which were not held in the unallocated cases pool), maintaining a steady reduction in the age of open cases, and had recovered our pre-pandemic performance in the handling of SWF review applications.

We are starting 2023—24 positively and with optimism. We recognise we still have much to do... that there are significant risks facing us, particularly in relation to resources and complaint volumes, and cyber security. We also recognise that our operating environment is going through constant change, and we need to be agile in our approach to meet the challenges.

The full Annual Report is available to read here.

A PDF version is also available to download (PDF, 1.9MB)

The proceedings of the first day of the Ombudsman Conference in Malta commenced with a keynote address by the Parliamentary Ombudsman of Malta, Judge Emeritus Joseph Zammit McKeon. This was followed by insights from the President of the AOM, Dr Andreas Pottakis, a special video message from the European Ombudsman, Ms Emily O’Reilly, and a keynote speech from the Speaker of the House of Representatives of Malta, the Hon. Anglu Farrugia.

The initial plenary session focused on the crucial role the Ombudsman plays in democracies. This involves acting as a vital link between the public and administrative bodies and working towards ensuring that administrative decisions are transparent. The session saw Ms Erinda Ballanca, People’s Advocate of Albania and Vice President to the AOM, take the chair.

Dr Ivan Mifsud, Dean of the Faculty of Laws at the University of Malta, was among the panellists. He provided an insightful overview of the legal underpinnings of the Ombudsman institution. Ms Caroline Martin complemented this from the Council of Europe’s Venice Commission, who elaborated on the “Venice Principles”. These principles are fundamental in guiding the establishment and functioning of Ombudsman institutions, underscoring their role in fostering democracy, upholding the rule of law, and safeguarding human rights.

Mr Tony Sultana, Malta’s Principal Permanent Secretary, shared his perspective on the interplay between the Ombudsman and public administration, stressing the mutual advantages that arise from their collaboration. The discussion then pivoted to explore the Ombudsman’s commitment to voicing the concerns of individuals and legal entities, ensuring they are duly addressed by administrative bodies.

The subsequent Plenary Session delved into the topic of ‘The Right to Good Administration, Human Rights, and Privacy’. In contemporary democracies, harmonising the right to good administration with human rights and privacy is crucial. By achieving this balance, transparency is enhanced, fairness is promoted, and individual freedoms are protected. The session was fortunate to feature a cadre of esteemed experts dissecting this complex interrelation.

Presiding over the session was Mrs Marina Ceyssac, the High Commissioner for the Protection of Rights, Liberties, and for Mediation from the Principality of Monaco.

From the University of Malta, Professor Kevin Aquilina delved into the right to good administration, analysing it within the framework of international, regional, and domestic law. His aim was to pinpoint its central elements. Providing an international perspective, Ms Maija Sakslin, Finland’s Deputy Parliamentary Ombudsman, traced Finland’s journey, demonstrating how good administration has been recognised both as a core right and a binding administrative obligation.

Chief Justice Emeritus Vincent De Gaetano, currently the Commissioner for Education in the Office of the Ombudsman in Malta, navigated through the interdependent relationship between the Rule of Law, Fundamental Human Rights, and the Right to Good Administration.

Highlighting a local viewpoint, Mr Ian Deguara, Malta’s Information and Data Protection Commissioner discussed the right to good administration with a particular focus on data protection.

Rounding off the day’s discussions, Mr Şeref Malkoç, the Chief Ombudsman of Türkiye, shared the proactive measures taken by the Ombudsman Institution in Turkey, putting the spotlight on its dedication to encouraging good administrative conduct and championing human rights.

The productive day drew to a close with a pleasant dinner at the Verdala Palace, the official country residence of the President of Malta.

As we embarked on the final day of the International Ombudsman Conference discussing “The Right to Good Administration: myth, aspiration or reality?” the Third Plenary Session commenced the day’s agenda. This session deliberated on strengthening relationships between independent state offices and public administration.

A cornerstone of contemporary governance, this bond often governs how policies are crafted and executed—the discussion aimed to grasp how collaboration and mutual appreciation between these institutions might be nurtured. Steering the dialogue, Dr John Stanton, Senior Lecturer in Law at The City Law School, City, University of London, took the chair.

The conversation was initiated by thoughts from Prof Edward Warrington, delivered by Dr George Vital Zammit in his stead (link to speech). The address delved into perspectives from Small, Democratising or Post-Conflict States. The panel featured Mr Charles Deguara, Malta’s Auditor General, whose duties, anchored in the Constitution and the Auditor General and National Audit Act, are paramount in supervising Malta’s governmental financial integrity (link to speech). Following him, Mr Mohammed Benalilou, Mediateur from the Kingdom of Morocco, imparted his profound understanding of Moroccan governance systems. Concluding the panel, Dr Reno Borg, Malta’s previous Arbiter for Financial Services, shared insights from his substantial experience, illuminating the intricacies of the financial sector and his distinctive role within it.

The subsequent session, titled “Reaching Out to the People: The Ombudsman as the Defender of the People”, was presided over by Dr Tamar Gvaramadze, the First Deputy Public Defender from Georgia. In an age characterised by significant societal transformations, the Ombudsman stands as a sentinel for citizens’ rights. Their duty to articulate and address public grievances cements trust in communities and guarantees transparency in administrative dealings.

Esteemed panellists for this session included Mrs Maria Stylianou, Commissioner for Administration and the Protection of Human Rights of Cyprus, who offered insights into the evolution of the Ombudsman institution in Cyprus (link to speech). Dr Paul Cachia, Chairperson of the Malta Arbitration Centre, detailed the subtleties of his role in promoting good administration. Rounding off the panel, Mr Peter Svetina, Ombudsman of Slovenia and Vice President of the AOM discussed the shifting roles of the Ombudsman. He underscored the significance of accessibility, community outreach, and championing tangible change in a rapidly evolving societal backdrop.

Transitioning to the conference’s culmination, the Closing Session began with an encompassing report by the conference rapporteur, Dr George Vital Zammit, offering attendees a summative perspective of the dialogues and primary conclusions (link to report). This segued into the unveiling and endorsement of the Malta Declaration by the Maltese Parliamentary Ombudsman, Judge Emeritus Joseph Zammit McKeon. This Declaration underscores the pivotal role of sound administration in governance and societal prosperity. The complete declaration is available here.

Bringing the conference to a close, remarks were delivered by the Leader of the Opposition, the Hon Bernard Grech (link to speech), and the Prime Minister of Malta, the Hon Robert Abela (link to speech).

Between 31 October and 1 November 2023, Human Rights Ombudsman Peter Svetina participated at an international conference about the importance of respecting the principle of good governance, which was organised by the Parliamentary Ombudsman of Malta in Valletta. Participants debated the role of the institute of the Ombudsman in protecting the rights of citizens, which in this complex world has developed far beyond its traditional borders. “Our duty exceeds the bare solving of questions posed by people who believe that their rights have been violated. We have to also deal with systemic injustices and wider social questions, the goal of which must be to protect the dignity of every person,” said Ombudsman Svetina. On the sidelines of the conference in Malta, he also participated at the meeting of the Executive Board of the Association of Mediterranean Ombudsmen – AOM, of which he is a Vice President.

He emphasised that every ombudsperson, in order to efficiently serve the people, must act according to the principles of transparency, fairness, objectivity, impartiality, and empathy. He stressed the importance of proactive communication, especially with vulnerable groups. “If we strengthen the voice of marginalised groups, it will be easier to jumpstart reforms and build a society that leaves nobody behind,” he explained, adding that proactivity must be a constant commitment and communication that works in both directions. “Regular consultations or a dialogue with organisations of civil society are extremely important, as is direct contact with people on the ground, which in this era of technological advancement and wider use of digital technologies is increasingly stepping into the background. In this light Svetina presented the so-called Ombudsman’s Corners in Slovenian municipalities. With their help, the institution of the Slovenian Ombudsman wishes to come closer to a wider circle of people in the environment in which they live, especially those who might not have access to online sources or have trouble with digital operations.

In his speech, Ombudsman Svetina touched upon how important it is that the authorities respect the decisions and recommendations of ombudspersons. As he said, he does not accept the excuse from politicians that certain rights are not realised simply because of high costs. As an example he mentioned the (in)accessibility of buildings and services for people with disabilities and added that the law stipulates that all buildings in public use should be adapted for people with disabilities by 2025, yet Slovenia is still facing many challenges in this field. “Bearers of authority have a duty to consistently monitor the realisation of set goals and respect all deadlines from the valid legislation. This does not only reflect their attitude towards one of the most vulnerable groups but also towards the rule of law,” stated Peter Svetina, adding that the Human Rights Ombudsman of the Republic of Slovenia actively monitors this area. They find that the situation is far from ideal, in places it is even critical, which is in the opinion of the Slovenian Ombudsman unacceptable for any developed country.

The Ombudsman also discussed other challenges – from artificial intelligence to climate crisis and called upon his fellow ombudspersons to join him in actively dealing with and promoting changes for the better in their own respective fields. “This is the only way to shape a future in which the rights of every person are respected and protected; where no voice goes unheard, and in which justice is not a privilege but a right guaranteed at birth.” He added that only our joint efforts can create a society which is fair, just, and inclusive. Svetina believes that care for our fellow humans with compassion and attention creates the conditions for a high quality of life of the entire community.

On the sidelines of the conference, Slovenian Ombudsman Peter Svetina also participated at an official reception with the President of Malta, Dr George Vella. He also held bilateral talks, including with the host of the conference, the Maltese Ombudsman Joseph Zammit McKeon, to whom he expressed his expectation that the event will contribute to an even more just and responsible public administration in countries across the Mediterranean region.