Public bodies should be transparent.  They should record the criteria for decision making and give reasons for their decisions.

This was the message given by Ombudsman Margaret Kelly and Deputy Ombudsman Sean Martin at a recent talk given to an event held in the Public Records Office Northern Ireland.

While people don't generally complain about poor record keeping, explained Ms Kelly, a significant proportion of those cases going to the Ombudsman's Further Investigation stage uncover issues with record keeping.  This often can be an indicator of other underlying problems.

Stressing how good records protect everyone, both urged members of staff working in public bodies to record their rationale when making key decisions.  This not only helps others within the public body but can act as a 'shield' if those decisions are questioned at some point in the future.

El Defensor del Pueblo, Ángel Gabilondo, ha entregado este lunes el Informe anual de la institución correspondiente a 2023 al presidente del Senado, Pedro Rollán.

En el encuentro, que ha tenido lugar en el Palacio del Senado, Ángel Gabilondo ha trasladado a Pedro Rollán los principales datos de la Informe 2023 de la institución. El año pasado, el Defensor del Pueblo tramitó 35.603 expedientes, entre quejas ciudadanas, quejas de oficio y peticiones de interposición de recurso al Tribunal Constitucional.

Los asuntos que protagonizaron las quejas ciudadanas ante el Defensor del Pueblo en 2023 tuvieron que ver, entre otros, con la administración de la Justicia, la Seguridad Social, Interior, asilo, educación y sanidad.

Dependencia, discapacidad y personas mayores han sido los principales asuntos tratados en la reunión que esta mañana han mantenido la Justicia de Aragón, Concepción Gimeno, y la consejera de Bienestar Social del Gobierno autonómico, Carmen Susín.

En el encuentro institucional, que se ha celebrado en la sede de la consejería, también se ha valorado el funcionamiento del Observatorio Aragonés de la Soledad, una iniciativa del Justicia y del Gobierno de Aragón en la que participan entidades y organizaciones que intervienen directamente con personas que viven una situación de soledad no deseada y que tiene como objetivos poner en común y coordinar dichas iniciativas.

Asimismo, la reunión ha permitido repasar el esto los temas del área de Bienestar Social que son objeto de queja ante el Justiciazgo y determinar los cauces de comunicación con la administración para gestionar su resolución de la manera más eficaz. En este sentido, la Justicia de Aragón ha valorado muy positivamente la disposición de la consejera Carmen Susín a colaborar en todos los temas de interés común.

“Montenegro should take advantage of the opportunities offered by the prospects of further European integration to enhance its legal framework governing human rights and to ensure its full implementation”, said the Council of Europe Commissioner for Human Rights, Dunja Mijatović, following her visit to Montenegro from 18 to 21 March 2024, which focused on social cohesion, combating hate speech and discrimination, and upholding freedom of expression.

Having noted the growing polarisation in Montenegrin society, and attempts by some to undermine diversity and multiculturalism, the Commissioner was pleased to receive assurances by the authorities of their readiness to protect these values and advance human rights protection. She encouraged them to move forward on a range of human rights-related areas in which the country has made commitments and adopted strategies. In particular, the Commissioner called for the prompt adoption of a set of media laws, the Law on Protection of Equality and Prohibition of Discrimination, and the Law on Legal Gender Recognition Based on Self-Determination, ensuring their full compliance with the relevant human rights standards.

In her meetings with officials, the Commissioner stressed the importance of confronting the violent past of the wars in the 1990s to secure justice for the victims, protect the truth and build societies based on respect for human rights and the rule of law. “Building on recent positive examples of memorialisation by some Montenegrin officials and political leaders, the authorities should continue efforts towards inclusive remembrance of past wartime crimes and the education of younger generations in the spirit of inclusiveness and respect for the other”, the Commissioner said. She also called for the adoption of legislation to ensure reparations for all civilian victims of wartime crimes without discrimination. During the visit, the Commissioner saw and was deeply moved by the Play “671-Hunt” (671-LOV), shown at the National Theatre of Montenegro, which honours the 20 victims of the war crime committed in Štrpci in 1993. It reinforced her conviction that young people are at the heart of building a better future in the region.

With regard to social cohesion more broadly, the Commissioner called on the Montenegrin authorities to take action to address polarisation in society and to encourage mutual respect in the exchange of opinions. She received information about a worrying rise of intolerant and hate speech, notably online. This phenomenon sharpens divisions along ethnic, religious and political lines and affects particularly negatively several social groups, notably Roma, LGBTI people and women in public positions. “Sexist and misogynist hate speech against women politicians, journalists and human rights activists undermines gender equality. The authorities should show zero tolerance for it and should take measures to prevent and combat it”, the Commissioner said. Highlighting the important role of Montenegrin women in society, she also called on the authorities to ensure increased political participation of women. The authorities should also step up their work on addressing the difficult living conditions of Roma in Montenegro and the discrimination they face in society.

The Commissioner called for the systematic recording of disaggregated data about cases of hate speech and hate crimes, which would help in the design of targeted policies to strengthen social cohesion while protecting diversity. “Strong condemnation by the authorities of hate crimes and hate speech would be another key step in this endeavour”, the Commissioner said. “I welcome a call by the President of Montenegro for the reinstatement of civic education as a compulsory topic in schools, strongly supported by civil society organisations. This would be highly beneficial so that children can learn about respect and tolerance in a multicultural, multi-ethnic and diverse society.” The Commissioner was further pleased to hear about the excellent cooperation between the Council of Europe and the authorities in many fields, including in implementing projects to combat hate speech and discrimination.

With regard to freedom of expression and media freedom, the Commissioner found it encouraging that there has been a reported decrease in acts of physical violence against journalists in recent times. She stressed, however, the importance of ensuring that all cases of violence and intimidation of journalists, and in particular the murder of journalist Duško Jovanović, are effectively investigated and that the perpetrators are brought to justice. The Commissioner was concerned by the reported increasing use of strategic lawsuits against public participation (SLAPPs). The authorities should take concrete measures to prevent vexatious complaints against journalists, human rights defenders, writers and activists, drawing on Council of Europe and other relevant standards, as these have a profoundly chilling effect. “I welcome a recent call by the Minister for Culture and Media on all Montenegrin officials to create an environment for free and independent work of all media and journalists”, said the Commissioner. “Having received information about intimidation against academics, writers and activists, such as Boban Batrićević and Andrej Nikolaidis, I reiterate that, in a free and democratic society, it is imperative that that the freedom of expression of all civil society actors is fully upheld”.

Longstanding polarisation in the media sector, an unregulated online media environment, which enables the spread of disinformation, the lack of effective media self-regulation and insufficient media literacy are issues that require urgent attention by the authorities and media actors. The non-implementation of domestic court decisions concerning the appointment of the Director of Radio-Television of Montenegro (RTCG) raises questions with regard to respect for the rule of law, which also need to be urgently addressed.

Finally, the Commissioner highlighted the importance of ensuring good cooperation between the authorities and civil society, recalling the duty to ensure a conducive working environment for human rights defenders. A good practice example is the involvement of civil society organisations in the working groups that are set up to draft legislation. The Commissioner welcomed the contribution of the Protector of Human Rights and Freedoms (Ombudsman institution) to the reinforcement of human rights protection in the country. She stressed that the authorities should urgently initiate, in consultation with the Protector, a revision of the law governing the institution’s work, in order to ensure that it is operating fully in line with the UN Paris Principles and can be accredited with an “A” status by the UN Global Alliance of National Human Rights Institutions.  

During her visit, the Commissioner met with the President of Montenegro Jakov Milatović, the Prime Minister Milojko Spajić, the Minister of Foreign Affairs Filip Ivanović, the Minister of Justice Andrej Milović and the Minister of Human and Minority Rights Fatmir Gjeka. She also met with the Protector of Human Rights and Freedoms Siniša Bjeković, as well as civil society organisations and journalists. The Commissioner also visited the exhibition “Stories of Srebrenica” at the War Crimes Documentation Centre in Podgorica, organised in cooperation with the Srebrenica Memorial Centre.