Human Rights Tops Regional Ombudsmen Forum

Local Ombudsman, Rita Gardiner

The Role of the Ombudsman in the Promotion and Protection of Human Rights was the source of discussion at the Caribbean Ombudsman Association (CAROA) and National Human Rights Institutes (NHRI) recent meeting.

The Inter-American Commission on Human Rights (IACHR) said it has observed that among CARICOM states, a lack of awareness of the Inter-American system links the ability of Ombudspersons to use the system and its mechanisms to support their work, especially with resolving cases that are not successful at the domestic levels.

“This can be contrasted with Ombudspersons from outside the Caribbean who have played active roles in decisions taken by the Inter-American system and have intervened as petitioners in filing requests for precautionary measures, individual complaints and as participants in the public hearings held by the IACHR,” the report said.

In a Meeting held in November 2021, between these two entities, the report further stated, the IACHR was requested to assist CAROA on the Inter-American System of Human Rights and its mechanisms, particularly on mechanisms that could be used for publicizing and protecting against human rights violations.

Commissioner Margaret May Macaulay, President of the IACHR, brought the welcome, described CAROA's work in the region and the plans moving forward. She addressed issues mainly on maladministration.

She said the ombudsman can be seen as a type of human rights entity, especially in small countries without human rights organizations or agencies. She mentioned further that she was aware of high levels of abuse and discrimination against LGBT communities, stating that in such regard, theoOmbudsman must take a stand.

Gwendolien Mossel, President of CAROA, who was also the facilitator for the Complaints Commissions, Turks and Caicos Symposium held in late March 2023 of this year, who gave an overview of CAROA's work, stated that her main objective was to strengthen CAROA.

In doing so, she said all countries should meet at least twice a year, summarizing all that CAROA did to bring about awareness in the region and assist in supporting the Regional Institutions.

Issues of Immigration were addressed where Immigrants are held longer than they are supposed to, sometimes for days or weeks as if they were prisoners, noting that the practice was tantamount to human rights violation, pointing out that such persons should be held so long before deportation.

The meeting heard that in some instances, persons held for immigration purposes were held for so long that sometimes they were permitted to remain in the country.

The meeting was told that under the Paris Principles, the responsibility and task of the ombudsman is to promote and protect human rights, based on a comprehensive mandate, constitutional or employing a specific law, in which "its composition and guarantees of independence and pluralism" are determined.

The Paris Principles establishes three key pillars under which the ombudsman functions under. They are Independence, Pluralism and Cooperation. Independence allows the Commissioner (Ombudsman) to determine policies, findings and recommendations in their investigations founded upon legislation.

Pluralism allows the commissioner (ombudsman) to provide an equitable representation of men and women from all diversities and consult with different groups or representatives in civil society. The Commissioner requires cooperation from parliament, the government, civil society, judiciary, international human rights mechanisms, and other professional associations and academic and educational institutions.

Before the end of the meeting, the topic of the Role of Ombudspersons in strengthening democratic institutions and in the promotion and protection of human rights, came up for discussion.