An ombudsman (conventional English plural: ombudsmen) is a person who acts as a trusted intermediary between either the state (or elements of it) or an organization, and some internal or external constituency, while representing not only but mostly the broad scope of constituent interests. An indigenous Danish, Norwegian and Swedish term, Ombudsman is etymologically rooted in the Old Norse word umboðsmaðr, essentially meaning "representative". In its most frequent modern usage, an ombudsman is an official, usually appointed by the government or by parliament but with a significant degree of independence, who is charged with representing the interests of the public by investigating and addressing complaints reported by individuals. Modern variations of this term include "ombud", "ombuds", "ombudsperson", or "ombudswoman".

Whether appointed by the legislature, the executive, or an organization (or, less frequently, elected by the constituency), the typical duties of an ombudsman are to investigate constituent complaints and attempt to resolve them, usually through recommendations (binding or not) or mediation. Ombudsmen sometimes also aim to identify systemic issues leading to poor service or breaches of people's rights. At the national level, most ombudsmen have a wide mandate to deal with the entire public sector, and sometimes also elements of the private sector (for example, contracted service providers). In some cases, there is a more restricted mandate, for example with particular sectors of society. More recent developments have included the creation of specialised Children's Ombudsman and Information Commissioner agencies.

In some jurisdictions an ombudsman charged with the handling of concerns about national government is more formally referred to as the "Parliamentary Commissioner" (e.g., the United Kingdom Parliamentary Commissioner for Administration, and the Western Australian state Ombudsman). In many countries where the ombudsman's remit extends beyond dealing with alleged maladministration to promoting and protecting human rights, the ombudsman is recognized as the national human rights institution. The word ombudsman and its specific meaning have been adopted in various languages, including Spanish, Dutch and Czech. The post of ombudsman had by the end of the 20th century been instituted by most governments and by some intergovernmental organizations such as the European Union.

In some countries an Inspector General, Citizen Advocate or other official may have duties similar to those of a national ombudsman, and may also be appointed by the legislature. Below the national level an ombudsman may be appointed by a state, local or municipal government, and unofficial ombudsmen may be appointed by, or even work for, a corporation such as a utility supplier or a newspaper, for an NGO, or for a professional regulatory body.

Making a complaint to an ombudsman is usually free of charge.

Sign at Georgetown University Washington DC

Sign near Cape Town, South Africa

Origins and etymology[link]

The origin of the word is found in Old Norse umbuðsmann (accusative) and the word umbuds man, meaning representative (with the word umbud/ombud meaning proxy, that is someone who is authorized to act for someone else, a meaning it still has in the Scandinavian languages). The first preserved use is in Sweden. In the Danish Law of Jutland from 1241 the term is umbozman and means a royal civil servant in a hundred. From 1552, it is also used in the other Scandinavian languages such as the both Icelandic and Faroese umboðsmaður, the Norwegian ombudsmann and the Danish ombudsmand.

The modern use of the term began in Sweden, with the Swedish Parliamentary Ombudsman instituted by the Instrument of Government of 1809, to safeguard the rights of citizens by establishing a supervisory agency independent of the executive branch.

A prototype of ombudsmen may have flourished in China during the Qin Dynasty (221 BC), and in Korea during the Joseon Dynasty.^{[citation needed]} The Roman Tribune had some similar roles, with power to veto acts that infringed upon the Plebians.

The predecessor of the Swedish Parliamentary Ombudsman was the Office of Supreme Ombudsman ("Högste Ombudsmannen"), which was established by the Swedish King, Charles XII, in 1713. Charles XII was in exile in Turkey and needed a representative in Sweden to ensure that judges and civil servants acted in accordance with the laws and with their duties. If they did not do so, the Supreme Ombudsman had the right to prosecute them for negligence. In 1719 the Swedish Office of Supreme Ombudsman became the Chancellor of Justice.^[1] One inspiration to the Supreme Ombudsman may have been the Turkish Diwan-al-Mazalim which appears to go back to the second Caliph, Umar (634-644) and the concept of Qadi al-Qadat.^[2] However, the current predecessor of ombudsman institutions, the Swedish Parliamentary Ombudsman, is based on the concept of separation of powers as developed by Montesquieu,^[1] which has a western origin^[3] and roots in the Enlightenment. The Parliamentary Ombudsman was established in 1809 by the Swedish Riksdag, as a parallel institution to the still-present Chancellor of Justice. The Parliamentary Ombudsman is the institution that the Scandinavian countries subsequently molded into its contemporary form, and which subsequently has been adopted in many other parts of the world.

In politics[link]

In general, an ombudsman is a state official appointed to provide a check on government activity in the interests of the citizen, and to oversee the investigation of complaints of improper government activity against the citizen. If the ombudsman finds a complaint to be substantiated, the problem may get rectified, or an ombudsman report is published making recommendations for change. Further redress depends on the laws of the country concerned, but this normally involves financial compensation. Ombudsmen in most countries do not have the power to initiate legal proceedings or prosecution on the grounds of a complaint. This role is sometimes referred to as a "tribunitian" role, and has been traditionally fulfilled by elected representatives – the term refers to the ancient Roman "tribunes of the plebians" (tribuni plebis), whose role was to intercede in the political process on behalf of common citizens.

The major advantage of an ombudsman is that he or she examines complaints from outside the offending state institution, thus avoiding the conflicts of interest inherent in self-policing. However, the ombudsman system relies heavily on the selection of an appropriate individual for the office, and on the cooperation of at least some effective official from within the apparatus of the state. Perhaps for this reason, outside Scandinavia, the introduction of ombudsmen has tended to yield mixed results.

In organizations[link]

Many private companies, universities, non-profit organizations and government agencies also have an ombudsman (or an ombuds office) to serve internal employees, and managers and/or other constituencies. These ombudsman roles are structured to function independently, by reporting to the CEO or board of directors, and according to International Ombudsman Association (IOA) Standards of Practice do not serve any other role in the organization. They are beginning to appear around the world within organizations, sometimes as an alternative to anonymous hot-lines in countries where these are considered inappropriate or are illegal, and in addition to hot lines because ombuds offices typically receive many more calls than do hot lines.(See Charles L. Howard, The Organizational Ombudsman: Origins, Roles and Operations, a Legal Guide, ABA, 2010).

Since the 1960s, the profession has grown in the United States, and Canada, particularly in corporations, universities and government agencies. This current model, sometimes referred to as an organizational ombudsman, works as a designated neutral party, one who is high-ranking in an organization, but who is not considered part of executive management in the sense of being able to make management decisions. Using an alternative dispute resolution (ADR) sensibility, or perhaps more apt, an appropriate dispute resolution sensibility, an organizational ombudsman can provide options to whistleblowers or employees and managers with ethics concerns; provide coaching, shuttle diplomacy, generic solutions (meaning a solution which protects the identity of one individual by applying to a class of people, rather than just for the one individual) and mediation for conflicts; track problem areas; and make recommendations for changes to policies or procedures in support of orderly systems change.

(It may be of interest that the term appropriate, as in appropriate dispute resolution, is something of a term of art. ADR is usually thought to be alternative dispute resolution, as in an alternative to formal, rights-based processes, including formal grievance procedures and the courts. It usually is thought to include mediation and arbitration. However, the word "appropriate" in this context includes rights- or rights- and power based dispute resolution. For example, appropriate dispute resolution of a work-place assault might be a formal grievance procedure or an appeal to security officers. Appropriate resolution might also include simple forgiveness. Appropriate dispute resolution thus refers to a much wider set of processes than are usually thought to be part of alternative dispute resolution.)

One particularly important function is to monitor and pick up "new things" – that is, issues new to the organization. This is particularly important if the issue is "disruptive" in the sense of requiring the organization to review and possibly improve its policies, procedures and/or structures. (See for example:Identifying and Communicating the Usefulness of Organizational Ombuds With Ideas about OO Effectiveness and Cost-Effectiveness ©2010, Mary Rowe, JIOA vol 3, no 1, p7 and passim.) In recent years there have been many articles about organizational ombuds and about how they coordinate with internal conflict management systems. (See for example: http://ombuds-blog.blogspot.com/ and http://www.ombudsassociation.org/ (including the IOA publications section) and http://web.mit.edu/ombud/publications/ for many references).

An organizational ombudsman who is practising to IOA "standards of practice" is neutral and visibly outside ordinary line and staff structures. An organizational ombudsman will practice informally (with no management decision-making power, and without accepting "notice" for the organization). An organizational ombudsman typically keeps no case records for an employer and keeps near absolute confidentiality. The only exception is where there appears to be an imminent risk of serious harm, and an ombudsman can see no responsible option other than breaking confidence—but organizational ombuds programs report that they can almost always find "other responsible options", such as helping a visitor to make an anonymous report about whatever appears to be the problem.

Ombudsman services by country[link]

Albania[link]

The People's Advocate (Ombudsman) of the Republic of Albania (Albanian: Avokati i Popullit) was envisaged in Chapter VI of the Albanian Constitution approved in November 1998 (articles 60-63 and 134). Article 60 states that "The People’s Advocate defends the rights, freedoms and lawful interests of individuals from unlawful or improper actions or failures to act of the organs of public administration."^[4] The Parliament passed the Law on the People’s Advocate, Law No. 8454, in February 1999. The People’s Advocate is elected by three-fifths of all members of the Assembly for a five year period, with the right of re-election. The Law has since been amended by Law No. 8600, of 10 April 2000, and Law No. 9398, of 12 May 2005. The current Ombudsman is Dr Emir Dobjani, who was elected on 16 February 2000 and re-elected on 17 February 2005.^[5]

Armenia[link]

The office of Human Rights Defender, or Ombudsman, of the Republic of Armenia was created by law in October 2003. The official website describes the goal of the office as the protection and restoration of human rights and fundamental freedoms. It receives complaints against state and local officials. In February 2004 Larisa Alaverdyan was appointed to the office by presidential decree. The second ombudsman was Armen Harutyunyan, who was elected by the National Assembly under article 83.1 of the Constitution on 17 February 2006, obtaining more than 3/5 votes of deputies, for what was intended to be a six-year term commencing on 20 February. The 2003 law governing the office was amended later in 2006, 2008 and 2010.

The current Human Rights Defender, Karen Andreasyan, was elected by the National Assembly on 2 March 2011, with 83 votes in favour to 13 against. A lawyer, journalist and broadcaster, he has worked with several human rights non-governmental organisations.^[6]

Australia[link]

The Commonwealth Ombudsman in Australia was established in 1976. The Ombudsman can investigate complaints about the actions and decisions of Australian Government departments and agencies, the services delivered by most private contractors for the Australian Government, and oversee complaint investigations conducted by the Australian Federal Police.^[7]

There are also ombudsman agencies in each state, a number of industry based ombudsmen, children's commissioners and many other complaint-handling and review agencies, as detailed in the main article.

Austria[link]

The three-member Ombudsman Board (German: Volksanwaltschaft, literally People's Representative) was created in 1977 as an independent authority monitoring Austria’s entire public admini­stration. It checks the legality of decisions by authorities and examines possible cases of maladministration. The members are appointed by parliament for six-year terms.^[8]

There are also children's ombudsman offices.

Azerbaijan[link]

The Commissioner for Human Rights (Ombudsman) of the Republic of Azerbaijan is also the country's national human rights institution, accredited with A status by the International Co-ordinating Committee of NHRIs. The first ombudsman, Elmira Suleymanova, was elected by the Parliament on 2 July 2002, and was reappointed in 2010 for a second term. Suleymanova (born 1937), formerly a professor of chemistry, had been active in the women’s movement in Azerbaijan.^[9]

Barbados[link]

Under the Ombudsman Act 1980, the Ombudsman of Barbados is appointed by the Governor-General with the approval of both houses of the legislature. The current Ombudsman is Valton Bend, a former Magistrate.

Belarus[link]

There is no ombudsman or national human rights institution in Belarus.

Belgium[link]

Belgium has one federal and four regional statutory ombudsman agencies, all covering the normal range of complaint-handling, investigation and mediation within the respective jurisdictions of their founding legislature.

• The office dealing with complaints against the federal authorities is the Federal Ombudsman (Dutch: de federale Ombudsman, French: le Médiateur fédéral, German: der föderale Ombudsmann). The office was established in 1997.^[10]
• The Flemish Ombudsman Service (Vlaamse Ombudsdiens}) was established by the Flemish Parliament by decree of 7 July 1998 (the Ombudsdecreet).^[11]
• The Walloon Ombudsman (Médiateur de la Région Wallonne), established by decree of the Walloon Parliament of 22 December 1994, seeks to help any person, natural or legal, who is experiencing difficulties with the Walloon regional authorities to arrive at a solution without litigation.^[12]
• The French Community Ombudsman (Médiateur de la Communauté française), created by the Parliament of the French Community by decree of 20 June 2002, is responsible for handling complaints of citizens who encounter a problem with any administrative unit of the French Community. Its mission is to promote dialogue between the citizen and the administration concerned.^[13]
• In the smallest linguistic region, the Ombudsman of the German-Speaking Community (Ombudsmann der Deutchsprachigen Gemeinschaft) was created by decree of 26 May 2009. This requires the Ombudsman to mediate between citizens and administrative authorities and seek alternative way to resolve conflicts, to settle disputes and, in some cases, to avoid litigation. In its plenary session of 17 May 2010, the Parliament of the German-speaking Community appointed Cedric Langer for a term of six years as the first Ombudsman.^[14]

Belgium also has separate children's commissioners for the French and Flemish communities. There is a Pensions Ombudsman service (Ombudsdienst Pensioenen, Service de médiation Pensions, Ombudsmann für Pensionen) at the federal level.^[15]

Bosnia and Herzegovina[link]

The Institution of Human Rights Ombudsman/Ombudsmen of Bosnia and Herzegovina is also the country's UN-accredited national human rights institution.^[16] It was created by law in 2004.^[17]

While the ombudsman's Child Rights Section is a member of the Children's Ombudsman network, there is a separate children's ombudsman in Republika Srpska.

Brazil[link]

In Brazil the nearest equivalent to the office of ombudsman is the Hearing Officer (Portuguese: Ouvidor), usually heading a service called Ouvidoria, and each government agency defines its own service. These organisations usually lack full independence. Examples of public service ombudsmen are the Ouvidoria da Polícia do Estado de São Paulo — São Paulo State Police Ombudsman^[18] — and the Ouvidoria da Secretaria de Defesa Social do Estado do Rio Grande do Norte — Ombudsman of the Social Security Ministry of the State of Rio Grande do Norte.^[19]

Bulgaria[link]

The Ombudsman of the Republic of Bulgaria (Bulgarian: Омбудсман на Република България) is the national human rights institution, in addition to the normal range of functions in relation to maladministration.^[20] The institution was created as the 'Citizen's Defender' (Граждански защитник) in 1998 but the first Ombudsman was elected in April 2005. Since October 2010 the office has been held by Konstantin Penchev, formerly Chair of Supreme Administrative Court.^[21] There are also regional ombudsmen (Citizen's Mediators, Граждански посредници) in most parts of the country.

Canada[link]

In Canada the office of the ombudsman is present in all departments of the federal government, in many provincial and municipal governments as well as in Crown Corporations such as CBC and Canada Post. There is an Ombudsman for the Department of National Defence and Canadian Forces^[22], an Office of the Procurement Ombudsman^[23], an Office for the Ombudsman for the Victims of Crimes^[24], an Office of the Taxpayers Ombudsman^[25] and an Office of the Veterans Ombudsman.^[26]

There are also several independent ombuds offices in Canada, including the Ombudsman for Banking Services and Investments and various child advocate offices.

Provincial and Territorial ombudsmen[link]

While Canada has no single national legislative ombudsman, nine Canadian provinces and one territory have parliamentary ombudsmen (sometimes called "citizens' protector" or "citizens' representative") in the classical/legislative tradition, who oversee the provincial government and receive and investigate public complaints. They are:

• Alberta Ombudsman, established 1967;^[27]
• Office of the Ombudsperson, British Columbia;^[28]
• Ombudsman Manitoba, established 1970;^[29]
• New Brunswick Ombudsman's Office, established 1967;^[30]
• Citizens' Representative of Newfoundland and Labrador;^[31]
• Nova Scotia Office of the Ombudsman, established 1970;^[32]
• Ontario Ombudsman, established 1975
• Quebec Ombudsman (French: Le Protecteur du citoyen), established 1968;^[33]
• Ombudsman Saskatchewan, established 1972;^[34] and
• Office of the Yukon Ombudsman and Information & Privacy Commissioner.^[35]

Chile[link]

Chile remains in 2011 the only country in South America without a national ombudsman office, although one was envisaged in a constitutional reform proposed in the Senate by the President in 2000.^[36][37] The 'Capítulo Chileno del Ombudsman', or 'Chilean Ombudsman Chapter', listed as an ombudsman office on the website of the Ibero-American Federation of Ombudsmen,^[38] is in fact an organisation lobbying for the introduction of such an office.^[39][40]

Colombia[link]

The People's Defender (Spanish: Defensoría del Pueblo) or Ombudsman's Office of Colombia is the national agency in charge of overseeing the protection of civil and human rights within the legal framework of the state.

Costa Rica[link]

The ombudsman office in Costa Rica, which is also the national human rights institution, is unique in bearing the name Defender of the Inhabitants (Spanish: Defensoria de los Habitantes). In 1993 it absorbed a former children's ombudsman office.

Croatia[link]

The People's Rights Defender (Croatian: Pučki pravobranitelj) is the ombudsman of Croatia.