At the invitation of the President of the UN General Assembly, the Ombudswoman, Tena Šimonović Einwalter, delivered a statement on 22 May 2024 at the 78th session of the General Assembly. Her address formed part of the high-level debate titled “Public Accessibility and Inclusivity: developing strategic initiatives to raise awareness on the role and work of Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law”.
She spoke from the perspective of an institution combining five distinct mandates, focusing on the crucial role ombudsman institutions play in human rights protection, particularly those with multiple mandates and the interplay between them, especially the ombudsman mandate and that of a National Human Rights Institution. She underscored the importance of institutional independence and effectiveness.
In addition to Šimonović Einwalter, speakers included UN General Assembly President Dennis Francis, UN Assistant Secretary-General for Human Rights Ilze Brands Kehris, GANHRI Chair and Qatar Ombudswoman Maryam Abdullah Al Attiyah, European Ombudswoman Emily O’Reilly, RINDHCA Secretary-General and Bolivian Ombudsman Pedro Francisco Callisaya Aro, and Moroccan Ombudsman Mohamed Benalilou. The subsequent debate featured contributions from Dominican Ombudsman Pablo Ulloa, ENNHRI Chair and Director of the Danish Institute for Human Rights Louise Holck, the Chair of the African Network of National Human Rights Institutions and Ghanaian Ombudsman Joseph Akanjolenur Whittal, and state representatives.
In her address, the Ombudswoman highlighted the institutional differences among ombudsman bodies across Europe and globally, and presented the development of the Croatian Ombudswoman’s Office through a model of gradually expanding mandates, starting from its establishment under the Constitution of the Republic of Croatia in 1990.
Initially founded as a classical ombudsman institution focused on overseeing the legality of public authorities’ actions, it evolved over time into a National Human Rights Institutiontasked with the promotion and protection of human rights. In 2009, it assumed the mandate of the central equality body responsible for combating discrimination. This was followed in 2012 by the mandate of the National Preventive Mechanism for the prevention of torture and other cruel, inhuman or degrading treatment or punishment, focusing on persons deprived of liberty. Finally, in 2019, it was entrusted with the mandate for whistleblower protection.
Alongside the challenges that accompany each individual mandate—as well as those that arise when multiple mandates are vested in the same institution—the Ombudswoman emphasized the many advantages of such a structure. It allows for a broader perspective and provides greater flexibility in addressing a wide range of issues faced by citizens. For this model to be effective, however, it is essential that the institution operates independently, that the state ensures the necessary conditions for its work, and that there is a clear understanding and recognition of its role—including a commitment by those to whom its recommendations are addressed to act upon them.
Presenting the work of the national institution she leads, the Ombudswoman placed particular emphasis on its constitutional foundation and the importance of its position within the Constitution of the Republic of Croatia. Noting the close connection between ombudsman institutions and parliaments—an inherent feature of this mandate—she underlined the constitutionally defined relationship between the Croatian Ombudswoman and the Croatian Parliament. This relationship plays a key role in enabling the institution to advocate for systemic change, for instance through participation in the legislative process via parliamentary committees, with human rights protection as its guiding priority, and through the submission of both Annual and Special reports to Parliament on key issues and challenges. Through direct contact with citizens, the Ombudswoman gains insight into specific problems and brings them to a systemic level, advocating for the necessary structural reforms. In addition to receiving complaints, fieldwork and cooperation with civil society organisations are essential, enabling the institution to act as a bridge between citizens on one side and the competent authorities on the other.
Because of this, the Ombudswoman stressed, such institutions are vital for the protection of democracy and the rule of law—particularly through their focus on improving public services, promoting the rule of law, good governance, and transparency.
Indeed, it is precisely through their engagement with the problems raised in citizens’ complaints that ombudsman institutions gain a comprehensive view of challenges within the public sector. Beyond dealing with individual cases, traditional „ombudsman complaints“’—which concern the legality and regularity of public sector conduct—can and should be approached through a human rights lens. This is a perspective Ombudswoman Šimonović Einwalter introduced during her term, by establishing a dedicated chapter in the Ombudswoman’s Annual Report titled The Right to Good Governance, which examines common features of public institutions’ interactions with citizens, regardless of the specific right or administrative field in question.
To fulfil their role effectively, the Ombudswoman stressed, it is essential—regardless of the institutional structure or number of mandates—that ombudsman institutions have real powers, adequate resources, and operational independence. Only then can they fully realise their potential and deliver stronger protection and empowerment of rights at both national and local levels. She underlined that much of this depends on the framework and conditions set by states themselves, highlighting the importance of international standards such as the Paris and Venice Principles, the UN General Assembly resolution, and most recently, the adoption of two binding EU directives setting legal standards for equality bodies.
In her concluding remarks following the debate, the Ombudswoman pointed out that, in practice, states often fail to provide sufficient support to independent institutions—or that such support remains purely formal and declarative. Too often, their findings, criticisms, and recommendations are dismissed or undermined, and the importance of these institutions is diminished more broadly. Increasingly, they also face threats or withdrawal of the resources necessary for their work. She also addressed new and growing human rights challenges, particularly the use of artificial intelligence and the impact of climate change on people’s lives worldwide—both of which will make the role of independent and effective ombudsman institutions even more crucial.
This high-level debate continues the momentum set in December 2022, when the UN General Assembly adopted Resolution 77/224, recognising the importance of ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law, and strongly encouraging Member States to consider establishing or strengthening independent and autonomous ombudsman and mediator institutions in line with the principles governing their protection and promotion.