3.1 Legal mandate and credibility
“The Ombudsman’s Office has the legal mandate to effectively protect and promote human
rights in Uzbekistan.
”
Current capacity 4.15 / Capacity gap 0.48
“The Ombudsman’s Office is trusted, respected and perceived as independent by all people of
Uzbekistan.
”
Current capacity 4.41 / Capacity gap 0.30
Overview & Strengths
44.
The CA team heard from staff, management and external stakeholders alike, how the Office of the Ombudsman
has capitalised on the current period of rapid legislative reform and democratisation to strengthen its legal
mandate. Through negotiations with Parliament, the Office mandate was bolstered in 2017 (amendments
signed by President on 29 August 2017) by including the right to conduct unannounced monitoring visits
to places of detention, submit special reports to Parliament, the right to appeal to the Courts, bestowing
legal status on Regional Representatives and the creation of a special budget line for the office, further
guaranteeing financial independence.
45.
The office now has a broad, robust mandate founded in legislation, covering the following functions:
•
Complaints handling
•
Monitoring places of detention
•
Legislative and policy review
•
Review of court decisions
•
Civil society and international engagement and cooperation
•
The promotion of human rights.
46.
This was reflected in the CA questionnaire in relation to its mandate to protect and promote human rights
where staff and regional representatives gave the current capacity of the office an average score of 4.15 out
of 5.
47.
The 2017 legislation is widely held to be a great success and clear evidence of the credibility of the office
and Ombudsman in the eyes of Parliament, a view commonly supported in focus group discussions during
the CA. The credibility of the office extends beyond Parliament - civil society and government agencies
also conveyed to the CA team the esteem in which the office is held, and this was also reflected in the CA
questionnaire response.
Areas for improvement
48.
The legislative mandate and credibility of an NHRI are the foundations upon which its work is based. Without
a broad legal mandate it lacks the power to undertake meaningful work to protect and promote human rights.
Without credibility it lacks the ability to persuade implementing agencies to act, the courts or international
community to listen, or for it to forge the close community links necessary to best represent their interests
and respond effectively to their needs.
49.
The Office of the Ombudsman is well placed in terms of both legal mandate and credibility. The challenge
F i n a l R e p o r t : O f f i c e o f t h e O m b u d s m a n o f U z b e k i s t a n C a p a c i t y A s s e s s m e n t
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now is to build on this foundation - to fully implement the mandate and build its reputation further. The ways
in which this can be achieved form the basis of the remainder of this report.
Paris Principles
“A national institution shall be given as broad a mandate as possible, which shall be clearly set forth
in a constitutional or legislative text, specifying its composition and its sphere of competence.”
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