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Selection and appointment of the Ombudsman

Principle 3
An example of legislative provisions related to the process of selection
and appointment of the Ombudsman that are designed to promote
independence can be seen in Belgium. The Belgian Federal
Ombudsman’s legislation stipulates that the Ombudsman is appointed by
the House of Representatives, following an open invitation for candidates
to apply for the post. In order to be appointed as Ombudsman, a
candidate must be a person of irreproachable conduct, hold a degree
giving access to the functions of level 1 in the Civil Service departments
of the State, and have relevant professional experience of at least five
years either in the legal administrative or social spheres. In addition to
open recruitment, appointment by the legislature, and suitability for the
role of Ombudsman, the independence of the officeholder is ensured by
providing security of tenure. The Belgian Ombudsman’s legislation
provides, therefore, that the Ombudsman shall be independent and may
not be removed from office for activities he or she has carried out within
the bounds of his or her jurisdiction. Similar legislative provisions exist in
other jurisdictions, such as in Poland, where the Human Rights
Commissioner can only be dismissed on limited grounds, such as
becoming incapable to perform his or her duties due to illness.

Another common measure designed to promote the independence of the
Ombudsman institution is a requirement to renounce other employment
and conflicting interests upon appointment. For example, in Hungary, the
Commissioner for Fundamental Rights’ legislation provides that the
mandate of Commissioner is incompatible with any other office or gainful
employment. It also stipulates that, in the four years prior to being elected
as Commissioner, an officeholder cannot have held various political or
public offices. Legislative provisions also frequently seek to minimise the
potential for government to neutralise the effectiveness of the
Ombudsman institution by leaving the office vacant. In the Czech
Republic, for example, the Public Defender of Rights’ legislation states
that the election of a new Public Defender of Rights should take place
before the previous office-holder’s term expires and where the office
becomes vacant prior to the end of a term, an election must take place
within 60 days.

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