The Role of the Ombudsman and Mediator Institutions in the Promotion and Protection of Human Rights, Good Governance and the Rule of Law

A/RES/77/224View PDF

Who created this mandate?

A Resolution of the General Assembly, under agenda item 68bHuman rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms, published in 2022.

What other versions does this mandate have?

3 versions · 2020–2024

This is an older version — the most recent is A/RES/79/177

2024A/RES/79/177The role of the Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of lawLatestCompare with previous version
2023A/RES/77/224The role of the Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of lawCompare with previous version
2020A/RES/75/186The role of the Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law

Versions are identified automatically by matching titles within the same organ (~97% accuracy on a manual audit).

What subjects does this mandate have?

4 topics

Human Rights Institutions Mediation Ombudsman Rule of Law

Which reports were submitted under this mandate?

1 report of the Secretary-General submitted under this mandate, 2024.

2024A/79/307The role of Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law report of the Secretary-General

Identified automatically from the metadata in each report’s UN Digital Library catalogue record.

What does this mandate say?

27 operative paragraphs

Takes note of the report of the Secretary-General;

Strongly encourages Member States:

To consider the creation or the strengthening of independent and autonomous Ombudsman and mediator institutions at the national level and, where applicable, at the regional or local level, consistent with the principles on the protection and promotion of the Ombudsman institution (the Venice Principles), either as national human rights institutions or alongside them;

To endow Ombudsman and mediator institutions, where they exist, with the necessary constitutional and legislative framework, as well as State support and protection, adequate financial allocation for staffing and other budgetary needs, a broad mandate across all public services, the powers necessary to ensure that they have the tools they need to select issues, resolve maladministration, investigate thoroughly and communicate results, and all other appropriate means, in order to ensure the efficient and independent exercise of their mandate and to strengthen the legitimacy and credibility of their actions as mechanisms for the promotion and protection of human rights and the promotion of good governance and respect for the rule of law;

Where they exist, to take the appropriate steps to ensure that the means of appointment of the Ombudsman or mediator respect the full independence and State recognition of, as well as respect for, the Ombudsman and mediator institutions and their work;

To provide for the clear mandate of Ombudsman and mediator institutions, where they exist, to enable the prevention and appropriate resolution of any unfairness and maladministration and the promotion and protection of human rights, and to report on their activities, as may be appropriate, both generally and on specific issues;

To ensure that the Ombudsman and mediator institutions and their staff have appropriate protections from unwarranted and arbitrary abuses of legal process in respect of matters carried out in connection with their lawful duties and obligations;

To take the appropriate steps to ensure that adequate protection exists for Ombudsman and mediator institutions, where they exist, against coercion, reprisals, intimidation or threat, including from other authorities, and that these acts are promptly and duly investigated and the perpetrators held accountable;

To give due consideration to the principles relating to the status of national institutions for the promotion and protection of human rights (the Paris Principles) when assigning to the Ombudsman or the mediator institution the role of national preventive mechanisms and national monitoring mechanisms;

To develop and conduct, as appropriate, outreach activities at the national level, in collaboration with all relevant stakeholders, in order to raise awareness of the important role of Ombudsman and mediator institutions;

To share and exchange best practices on the work and functioning of their Ombudsman and mediator institutions, in collaboration with the Office of the United Nations High Commissioner for Human Rights and with the International Ombudsman Institute and other international and regional Ombudsman organizations;

Recognizes that, in accordance with the Vienna Declaration and Programme of Action, it is the right of each State to choose the framework for national institutions, including those of the Ombudsman and the mediator, which is best suited to its particular needs at the national level, in order to promote human rights in accordance with international human rights instruments;

Encourages Member States to ensure adequate protection for their respective Ombudsman and mediator institutions against coercion, reprisals, intimidation or threat;

Also encourages Member States to ensure that adequate funding is provided to their respective Ombudsman and mediator institutions to enable them to discharge their mandates in an independent and efficient manner;

Recognizes that the practical effectiveness of the chosen framework for such national institutions should be monitored and assessed, consistent with internationally accepted and recognized standards, and that this framework should neither threaten the autonomy nor the independence of the institution nor diminish its ability to carry out its mandate;

Welcomes the active participation of the Office of the High Commissioner in all international and regional meetings of Ombudsman and mediator institutions, whether in person or, alternatively, by electronic means;

Encourages Member States and regional and international Ombudsman and mediator institutions to regularly interact, exchange information and share best practices with the Office of the High Commissioner on all matters of relevance;

Encourages the Office of the High Commissioner, through its advisory services, to develop and support activities dedicated to the existing Ombudsman and mediator institutions and to strengthen their role within national systems for human rights protection;

Encourages Ombudsman and mediator institutions, where they exist:

To operate, as appropriate, in accordance with all relevant international instruments, including the Paris Principles and the Venice Principles, in order to strengthen their independence and autonomy and to enhance their capacity to assist Member States in the promotion and protection of human rights and the promotion of good governance and respect for the rule of law;

To request, in cooperation with the Office of the High Commissioner, their accreditation by the Global Alliance of National Human Rights Institutions, where the Ombudsman or mediator institution is the national human rights institution, in order to enable them to interact effectively with the relevant human rights bodies of the United Nations system;

To publicly report, in the interests of accountability and transparency, to the authority that appoints the Ombudsman or the mediator of Member States on their activities at least annually;

To cooperate with relevant State bodies and develop cooperation with civil society organizations, without compromising their autonomy or independence;

To conduct awareness-raising activities on their roles and functions, in collaboration with all relevant stakeholders;

To engage with the International Ombudsman Institute, the Global Alliance of National Human Rights Institutions and other regional networks and associations, with a view to exchanging experiences, lessons learned and best practices;

Requests the President of the General Assembly to hold, within existing resources, during the seventy-eighth session, a high-level panel on the theme “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” and prepare a summary of the discussion for transmission to all Member States;

Requests the Secretary-General to report to the General Assembly at its seventy-ninth session on the implementation of the present resolution, in particular on the obstacles encountered by Member States in this regard, and on best practices in the work and functioning of Ombudsman and mediator institutions, as well as on solutions to promote the role and work of Ombudsman and mediator institutions in the promotion and protection of human rights, good governance and the rule of law.

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What does this mandate say?

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