Category Archives: AOA News Letter
PUBLIC DEFENDER HOLDS CONFERENCE ON FEMICIDE PREVENTION AND MONITORING.
On November 26, 2024, the Public Defender of Georgia, Levan Ioseliani, as part of the 16 Days of Activism against Gender-Based Violence, held a conference on the topic – Femicide Prevention and Monitoring: Analysis of Cases of 2022.
In his speech, the Public Defender spoke about the challenges still existing in terms of prevention of violence against women and domestic violence, timely detection and effective response to the cases, including in the direction of awareness and access to services for victims of violence in the regions. He noted that the main causes of femicide remained stereotypical views and discrimination about the role of women in society.
He also reviewed the activities of the Public Defender’s Office of Georgia, which has been analyzing cases of gender-based killings, attempted killings and triggered suicides of women since 2016, identifying gaps and developing relevant recommendations.
He positively assessed the good practice of cooperation with agencies and maximum harmonization of femicide monitoring methodologies. However, he emphasized that despite legislative and institutional progress, in a number of cases, both at the investigation and judicial stages, the classification of gender-based crimes was still problematic, and that the high number of killings of women/attempts indicated the insufficiency of prevention measures.
Tamar Sabedashvili, Deputy Representative of UN Women in Georgia, delivered a welcoming speech at the event.
The 2022 Femicide Monitoring Report and trends identified by the 2019-2022 femicide monitoring were also presented at the conference; in addition, representatives of governmental, non-governmental and international organizations discussed ways to prevent gender-based crimes.
The event was organized by the Public Defender’s Office in cooperation with the Swedish-supported project – United Nations Joint Programme for Gender Equality (UNJP4GE).
PDHJ AND SEANF HOST INTERNATIONAL SEMINAR ON ECONOMIC, SOCIAL, AND CULTURAL RIGHTS AT BORDER AREAS.
November 20, 2024 — The Ombudsman for Human Rights and Justice (PDHJ) of Timor-Leste, in collaboration with the Southeast Asian National Human Rights Forum (SEANF), hosted the International Seminar on Economic, Social, and Cultural Rights (ESCR) at Border Areas on November 20, 2024. The seminar, held in Dili, Timor-Leste, brought together experts, policymakers, and civil society representatives to address critical human rights challenges affecting border communities across Southeast Asia.
Opening the event, President José Ramos-Horta underscored the importance of the seminar in light of escalating global refugee crises, emphasizing the need for the international community to strengthen its commitment to protecting displaced populations and addressing the root causes of forced migration. His remarks highlighted the relevance of economic, social, and cultural rights in border areas, which are often compromised during humanitarian crises.
The seminar was organized as part of the SEANF Annual Meeting and served as a platform for sharing best practices, case studies, and experiences among member countries and other stakeholders. In his speech, the Ombudsman Virgílio da Silva Guterres, Chairperson of SEANF 2024, highlighted that Southeast Asia’s borders are not merely geographical boundaries but vibrant spaces rich in cultural exchange, history, and shared challenges. He emphasized the need for collaborative efforts to address the social and economic dynamics of border communities, urging participants to explore innovative strategies to enhance economic opportunities, promote social inclusion, and preserve cultural heritage.
The event was structured in two main sessions:
Session 1:
The first session provided a comprehensive overview of the current situation regarding economic, social, and cultural rights at the border. Esteemed speakers included:
- Mr. Virgílio da Silva Guterres “Lamukan” – Provedor for Human Rights and Justice
- Prof. Anterio Benedito da Silva – Academic
- Mr. Marcos dos Reis da Costa – Representative of the Ministry of Foreign Affairs
- Mr. José Luis Oliveira – Civil Society Representative
The session was moderated by Ms. Benícia Eriána Magno, who guided the discussions on key challenges and opportunities in promoting and protecting ESCR in border regions.
Session 2:
The second session focused on sharing experiences from each country and providing input on the situation of economic, social, and cultural rights at the borders of various National Human Rights Institutions (NHRIs). Esteemed speakers included:
- Dr. Atnike Nova Sigiro – Chairperson of Komnas HAM
- Dato Ser Mohd Hismamudin Bin Md Yunus – Chairperson of SUHAKAM
- Dr. Tin Maung Maung Than – Commissioner of MNHRC
- Miss Kristel Joy P. Biscayda-Armendez – Attorney of CHRP
- Miss Sayamol Kaiyoorawaongs – Commissioner of NHRCT
- Miss Siti Altaf Deviyati Binti Ismail – Secretary General of SUHAKAM
This session was moderated by Miss Siti Altaf Deviyati Binti Ismail, who led an engaging discussion on the shared challenges and opportunities in protecting and promoting ESCR in border areas.
The seminar provided a unique platform for exchanging knowledge and ideas, with a focus on fostering collaboration across the Southeast Asian region. Participants discussed the interconnected challenges faced by border communities, including illegal cross-border transactions, land disputes, and statelessness, which all have a profound impact on the economic, social, and cultural rights of individuals. They also examined the critical role of border areas in facilitating cultural exchange and economic cooperation, despite the challenges posed by these regions.
The event’s discussions underscored the importance of strengthening legal frameworks, improving access to services like healthcare, and enhancing market opportunities to improve the livelihoods of people living in border regions. The seminar also identified key opportunities for enhancing regional cooperation to better protect the rights of marginalized border populations.
Through this seminar, PDHJ and SEANF aim to raise awareness about the importance of economic, social, and cultural rights, strengthen cross-border collaboration, and provide actionable recommendations for national governments and human rights institutions in Southeast Asia.
The event marks a significant step toward achieving a more just and equitable framework for people living in vulnerable border areas, and PDHJ remains committed to advancing human rights across Timor-Leste and the region.
OPEN DIALOGUE WITH YOUTH HELD AS PART OF THE “OMBUDSMAN SCHOOL” PROJECT.
On November 12, 2024, as part of the “Ombudsman School” project, an open dialogue event was held at the Mirzo Ulugbek National University of Uzbekistan in the Almazar district of Tashkent.
The event featured an open dialogue with youth, involving the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman), representatives from the Anti-Corruption Agency, the Youth Affairs Agency, professors from Tashkent State University of Law, and members of the media.
The event began with an overview of constitutional guarantees in the fields of science and education, as well as opportunities and benefits created for youth in Uzbekistan. In particular, it was highlighted that Article 79 of the Constitution of the Republic of Uzbekistan enshrines the state’s responsibility to protect the personal, political, economic, social, cultural, and environmental rights of young people, and to encourage their active participation in society and state affairs. This provision aims to protect youth rights in all key areas, ensuring guaranteed conditions for their comprehensive development.
During the dialogue, the importance of youth appeals to the Ombudsman, as well as student suggestions and recommendations, were emphasized. The role of “Ombudsman Clubs” created in universities was also discussed, noting that these clubs help students apply theoretical knowledge in practice and engage in addressing public issues. The clubs instill a sense of responsibility in students as they work toward solving problems, contributing to their development as qualified specialists.
The event addressed topics related to protecting the rights, freedoms, and interests of youth, as well as promoting their active participation in public and state life. Legal frameworks aimed at strengthening the role of youth in education, social protection, labor rights, and the fight against corruption were also explained.
During the event, which brought together over 100 young people, specific issues raised in youth appeals to the Ombudsman were discussed. The question-and-answer format enriched the dialogue, helping students gain a deeper understanding of the rights, freedoms, and lawful interests of youth in Uzbekistan, as well as the work of the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman).
THE OMBUDSMAN OF AZERBAIJAN HAD A MEETING WITH ENNHRI SECRETARY GENERAL.
Sabina Aliyeva, the Ombudsman of Azerbaijan, met with Debbi Kohner, the Secretary General of the European Network of National Human Rights Institutions (ENNHRI), within the framework of the International Baku Forum of Ombudsmen.
During the meeting, the Ombudsman spoke about the effective cooperation with regional and international organizations, including ENNHRI.
Providing information about the measures implemented in our country for the effective protection of human rights and freedoms, the Ombudsman, stated that, based on the amendments made to the Constitutional Law on the Ombudsman of Azerbaijan, the mandate has been expanded regarding ensuring the right to equality, preventing discrimination, and several other directions.
The importance of the International Baku Forum of Ombudsmen was emphasized in terms of discussing the impact of global climate change on the realization of human rights, exploring solutions to these problems, and exchanging successful experiences. The significance of continuing such initiatives was also noted.
Debbi Kohner, the Secretary General of ENNHRI, thanked her for the cordial meeting. Several issues of mutual interest were also discussed during the meeting.
“FAMILY CODE: ABOUT RELATIONSHIPS”. A SESSION FOR YOUNG FAMILIES OPENED ITS DOORS TODAY AT THE VOLGA YOUTH CENTER.
“Family Code: About Relationships”. A session for young families opened its doors today at the Volga Youth Center
Young families are the future of our society. It is important to support them on their way to creating harmonious relationships, to help them find a balance between personal happiness and responsibility to each other.
Today I took part in the plenary session of the session organized by the Ministry of Youth Affairs of the Republic of Tatarstan, “Family Code: About Relationships”. In our time the issues of family and marriage are especially relevant, as the creation of a strong family is not only personal happiness, but also the basis of a stable and healthy society. That is why it is important to talk about how to preserve love and build harmonious relationships. During the session, we discussed many important topics, from the differences between the concepts of marriage and family to why it is so important to anchor relationships in the legal framework.
TIMOR-LESTE HOSTS 21ST ANNUAL CONFERENCE OF SOUTHEAST ASIA NATIONAL HUMAN RIGHTS INSTITUTIONS FORUM (SEANF).
Dili, Timor-Leste – November 19, 2024 – The Southeast Asia National Human Rights Institutions Forum (SEANF) concluded its 21st Annual Conference today in Dili, Timor-Leste, with a renewed commitment to advancing human rights across the region. The conference, held on November 18-19, 2024, brought together National Human Rights Institutions (NHRIs) from Southeast Asia, as well as international partners and key stakeholders, to discuss critical human rights issues facing the region.
This year, the Ombudsman for Human Right and Justice (PDHJ) of Timor-Leste is serving as the Chairperson of SEANF, and under its leadership, the Forum organized two technical working group meetings and the annual conference. These efforts highlight PDHJ Timor-Leste’s growing role in regional human rights advocacy. The chairmanship will be handed over to Komnas HAM, Indonesia, in 2025, with plans for continued collaboration on issues such as torture prevention, statelessness, migrant rights, and digital rights.
At the conference, participants discussed key priorities outlined in SEANF’s Strategic Plan (2022–2026), including ensuring human rights in the context of the COVID-19 pandemic, advancing business and human rights, and preventing torture. Notable outcomes from the conference include updates on SEANF’s initiatives to address cross-border human rights challenges, particularly statelessness in Southeast Asia, and the Forum’s continued commitment to addressing the rights of marginalized groups, such as older persons and stateless communities.
Key Outcomes and Future Commitments
The 21st Annual Conference highlighted important progress on SEANF’s four key priorities:
- Human Rights and COVID-19: SEANF reaffirmed its commitment to ensuring that human rights remain central to national responses to the COVID-19 crisis, particularly for marginalized communities.
- Human Rights in Business: SEANF continued its work on advancing human rights in business, with a focus on ensuring accountability and corporate responsibility in Southeast Asia.
- Torture Prevention: SEANF members renewed their commitment to preventing torture and other cruel, inhuman, or degrading treatment or punishment, with ongoing efforts to strengthen monitoring mechanisms.
- Strengthening SEANF’s Institutional Capacity: The Forum continued discussions on the future structure of SEANF’s Secretariat and the duration of the chairpersonship term, with an agreement to follow the chairmanship rotation model and further explore a permanent Secretariat.
Additionally, SEANF members affirmed their support for regional initiatives such as collaboration with ASEAN on migrant worker rights and the rights of victims of human trafficking. The Forum also recognized the growing importance of digital rights and cyber security, and committed to engaging in discussions at the upcoming RightsCon event in 2025.
Addressing Statelessness and Marginalized Communities
A key issue discussed was the ongoing challenge of statelessness in Southeast Asia, particularly in the context of communities living along border areas. SEANF members expressed their support for the Memorandum of Understanding (MOU) between the Commission on Human Rights of the Philippines (CHRP), SUHAKAM of Malaysia, and Komnas HAM of Indonesia, which seeks to address the human rights concerns of stateless persons, especially the Filipino and Indonesian communities in Sabah, Malaysia. The MOU, renewed in 2023, will remain in effect until 2028, and SEANF members pledged to continue their advocacy for the protection of stateless persons and refugees in the region.
Looking Ahead
As PDHJ Timor-Leste’s chairmanship of SEANF concludes in 2024, the Forum looks forward to the continued leadership of Komnas HAM, Indonesia, which will assume the chair in 2025. SEANF members reaffirmed their commitment to deepening collaboration, strengthening partnerships with international bodies such as the UNHRC and APF, and advancing human rights for all people in Southeast Asia.
Call for Action
SEANF calls on all its members to continue engaging in dialogue, sharing best practices, and participating in joint initiatives to promote and protect human rights across the region. The Forum encourages governments, civil society, and other stakeholders to collaborate in ensuring that human rights remain a central focus of national and regional policies.
In closing, SEANF members reaffirm their dedication to the principles enshrined in the Universal Declaration of Human Rights and the Paris Principles, pledging to continue their collective efforts to ensure the realization of human rights for all people in Southeast Asia.
Adopted on: November 19, 2024
For and on behalf of the Southeast Asia National Human Rights Institutions Forum (SEANF)
Signed by:
Dr. Atnike Nova Sigiro, Chairperson, Indonesia National Commission on Human Rights (Komnas HAM)
Dato Seri Mohd Hishamudin Yunus, Chairperson, Suruhanjaya Hak Asasi Manusia Malaysia
(SUHAKAM)
Atty. Richard P. Palpal-latoc, Chairperson, Commission on Human Rights of Philippines (CHRP)
Mrs. Preeda Kongpaen, Commissioner, National Human Rights Commission of Thailand (NHRCT)
Mr. Paw Lwin Sein, Chairperson, Myanmar National Human Rights Commission (MNHRC)
Mr. Virgílio da Silva Guterres “Lamukan”, Provedor de Direitos Humanos e Justiça (PDHJ)
THE INTERNATIONAL BAKU FORUM OF OMBUDSMEN ON “CLIMATE CHANGE AND HUMAN RIGHTS: THE ROLE OF OMBUDSMEN AND NHRIS” HELD.
The International Baku Forum of Ombudsmen “Climate Change and Human Rights: The Role of Ombudsmen and National Human Rights Institutions (NHRIs)” was held at the initiative of the Azerbaijan Ombudsman and with the support of the State.
The event, organized to discuss the challenges posed by global climate change and their solutions from a human rights perspective, as well as to share positive experiences in this field, brought together in total over 200 participants, including 60 participants from about 30 countries. The ombudsmen and representatives of NHRIs, information commissioners, high-ranking state officials, leaders and representatives of civil society and several international organizations, and climate change and human rights experts took part in the event.
Farid Ahmadov, the Minister of Justice of Azerbaijan, conveyed President Ilham Aliyev’s message to the Forum participants.
The message highlights the severe consequences of Armenia’s three-decade military aggression so far, posing great danger to human lives and the environment. It was noted that Armenia committed acts of ecocide, urbicide, and culturicide in the territories held under occupation for a long time, polluting and poisoning our lands and rivers, destroying our forests, and demolishing our cities and villages. Furthermore, numerous landmines, which cost human lives and cause significant environmental damage, were planted in these areas. The message also emphasized the destruction of cultural heritage of global significance and the devastation of religious and cultural sites belonging to Azerbaijanis.
The message also states that the theme of the International Baku Forum holds special relevance for all of humanity, as climate change is one of the global problems threatening the sustainable development and security of all countries. It was noted that climate change poses significant challenges in terms of the protection and fulfillment of fundamental human rights.
In her opening speech, the Human Rights Commissioner of Azerbaijan, Sabina Aliyeva, expressed her deep gratitude to President Ilham Aliyev for his message to the participants of the Forum.
The Ombudsman said that global climate change creates a number of problems for the environment, the sustainable development of countries, and the protection of human rights. She emphasized that the impacts of climate change are not limited to the territory of just one country or region and stressed the importance of increasing attention to ensuring the right to live in a healthy environment.
The Ombudsman highlighted that our lands were occupied by Armenia for nearly thirty years and noted the severe environmental damage and harm to biodiversity in those areas during this period, calling attention to the crime of ecocide. She emphasized that various rare species of plants and animals of Azerbaijan were destroyed, and rivers flowing through our territories were heavily polluted with harmful substances, posing a serious threat to the life and health of the population.
Speaking about Armenia’s landmine terrorism in our territories during the occupation, the Ombudsman stated that since the Second Karabakh War, nearly 380 people have become victims of landmines. It was highlighted that the buried landmines hinder the safe return of former IDPs to their lands and obstruct the reconstruction and building efforts in the region. In addition, she noted that landmine explosions have disrupted the ecological balance in the region.
- Aliyeva noted that Azerbaijan places special emphasis on combating the negative effects of climate change and the potential risks arising from it, in line with the commitments derived from the UN SDGs, emphasizing ongoing comprehensive initiatives to protect the environment and mitigate the impacts of climate change.
Mukhtar Babayev, the Minister of Ecology and Natural Resources and the designated President of COP29, stated, in his speech, that climate change and its negative impacts on the environment are among the major problems that concern the world. It was pointed out that climate change exacerbates inequality and vulnerable groups are the most affected category.
Alessandra Roccasalvo, the UNDP Resident Representative in Azerbaijan, noted that the Forum serves as an important platform for both seeking solutions to existing problems and for training future leaders. She provided information about the “Climate Change and Human Rights” research competition organized jointly by UNDP and the Ombudsman Office, emphasizing the significance of the central role of youth in climate action.
Noura Zaid Alrshoud, the OIC-IPHRC Secretariat Executive Director, said that deforestation, the illegal exploitation of natural resources, the pollution of rivers, and the indiscriminate placement of landmines in civilian and military objects cause significant harm to the environment. She emphasized that such actions severely violate the principles of international human rights and humanitarian law.
The Executive Director also said that climate change and its consequences negatively impact the effective realization of human rights, emphasizing that NHRIs play a crucial role in addressing climate change.
Subsequently, the conference participants watched a video message from Volker Türk, the UN High Commissioner for Human Rights.
The event also featured the award ceremony for the winners of the Ombudsman / UNDP Joint Student Research Paper Competition “Climate Change and Human Rights”.
The forum continued its work in panel sessions on: “Support strategies for NHRIs and ombudsman offices in climate change initiatives,” “Public access to information on climate change and its effects,” “Cooperation Perspectives and collaborative development,” “Climate change and its intersection with Landmines and Explosive remnants of war (ERW),” and ” Fostering business accountability in the context of climate change.”
Presentations on various topics were heard during the sessions, and extensive discussions took place.
Also, calls for action and future cooperation prospects were thoroughly discussed.
In conclusion, the Declaration of the International Baku Forum of Ombudsmen was announced and unanimously adopted. The declaration will contribute to strengthening the role of ombudsmen and NHRIs in addressing ecological issues, as well as to raising awareness in the relevant field.
OMBUDSMEN OF UZBEKISTAN AND AUSTRIA: COOPERATION IN HUMAN RIGHTS PROTECTION.
The Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) of Uzbekistan is currently on a visit to Austria at the invitation of the Austrian Ombudsman Board.
On November 19, 2024, the Ombudsman of Uzbekistan, Feruza Eshmatova, met with the Chairperson of the Austrian Ombudsman Board, Gaby Schwarz. The meeting, held at the Austrian Ombudsman Board’s headquarters, provided an opportunity for the two sides to exchange experiences and gain deeper insight into each other’s work.
Established in 2012, the Austrian Ombudsman Board oversees the activities of state institutions, monitors conditions in prisons and nursing homes, and ensures the implementation of programs and the provision of services for people with disabilities. The Board also examines complaints related to human rights violations.
During the meeting, the parties discussed their respective experiences and new approaches in human rights protection. They also explored several initiatives aimed at expanding cooperation between the ombudsmen of Uzbekistan and Austria.
At the conclusion of the meeting, both sides agreed on measures to strengthen collaboration between the Austrian Ombudsman Board and the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) of Uzbekistan.
On the same day, the Uzbek delegation met with members of the Advisory Council under the Austrian Ombudsman Board. Since 2022, the Chairperson of the Austrian Ombudsman Board has also held the position of Secretary General of the International Ombudsman Institute (IOI).
The International Ombudsman Institute (IOI), founded in 1978, is the only global organization representing over 200 ombudsmen from more than 100 countries. The Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) is a full-fledged member of this organization.
EXPANSION OF THE ‘EASY ADMINISTRATIVE APPEALS’ SERVICE “FASTER AND MORE CONVENIENT.”
– Review of ‘EASY Administrative Appeals’Service Usage in the First Half of 2024: User Satisfaction Reaches 87.3 Points, Service Coverage Expanded to 68 Institutions
– Plans to Further Expand Coverage to Lower Barriers for Citizens Seeking Rights Protection
(10, October. 2024, ACRC)
The institutions providing the administrative appeal form auto-completion service (EASY Administrative Appeals) are expected to continue expanding.
The Anti-Corruption and Civil Rights Commission (ACRC), under Chairperson Ryu Chul Whan, is spearheading the expansion of the EASY Administrative Appeals service, an innovative solution aimed at simplifying the process of filing administrative appeals. The service is designed to empower citizens, particularly those without legal expertise, to challenge unfair administrative actions such as license suspensions, fines, or exam failures more efficiently and effectively.
The Anti-Corruption and Civil Rights Commission (ACRC), led by Chairperson Ryu Chul Whan, is driving the expansion of the EASY Administrative Appeals service. This cutting-edge initiative simplifies the process of filing administrative appeals, empowering citizens especially those without legal expertise to efficiently address unfair administrative actions, such as license suspensions, business penalties, fines, or examination failures.
Filing an administrative appeal can be daunting for citizens unfamiliar with legal procedures. To address this challenge, the ACRC launched the EASY Administrative Appeals service in February 2023. By entering a few essential details, such as the date of the administrative action, users can generate appeal forms automatically using the system’s auto-completion technology, which references similar cases.
Citizens can access this service by visiting the ‘Online Administrative Appeals’ platform (www.simpan.go.kr) and selecting the ‘EASY Administrative Appeals’ option.
Between January 1 and July 23, 2024, 13,068 users accessed the system, generating 104,095
auto-completed forms and successfully filing 533 appeals.
User satisfaction ratings have risen notably, from 82.6 points at the service’s launch to 87.3 points by the end of 2023. Positive feedback reflects the system’s ability to reduce procedural barriers for users.
Originally limited to appeals addressed to the Central Administrative Appeals Commission, the service has expanded to include 68 institutions, including local governments and education offices, significantly broadening its reach.
At the 47th National Policy Agenda Meeting on October 10, chaired by the Prime Minister, the ACRC reviewed the performance of the EASY Administrative Appeals service and outlined plans for further improvements. It was decided that functional challenges in specific institutions should be resolved by the end of 2024 to minimize user inconvenience. In addition, priority will be given to launching the service in individual administrative appeals commissions with high citizen usage rates.
In addition, efforts will focus on integrating the administrative appeal systems currently operated by various institutions. Starting in 2026, the EASY Administrative Appeals service will be further enhanced with AI technologies, including ChatGPT, to better support citizens without legal expertise.
Park Jong-min, ACRC Secretary-General and Chairperson of the Central Administrative Appeals Commission, stated, “In line with the government’s goal of implementing a digital platform, we will continue to expand the EASY Administrative Appeals service to make it more accessible for citizens to file administrative appeals.”
OMBUDSMAN ANNOUNCES RESULTS OF DIRECT INVESTIGATION OPERATION INTO LCSD’S HANDLING OF OBSTRUCTIONS TO PASSAGEWAYS BY BICYCLES OWNED BY OPERATORS OF BICYCLE RENTAL SERVICES.
The Ombudsman, Mr Jack Chan, today (21 November) announced the completion of a direct investigation operation into the handling of obstructions to passageways by bicycles owned by operators of bicycle rental services of the Leisure and Cultural Services Department (“LCSD”), and made eight recommendations to the Department.
A total of 14 recreational venues managed by the LCSD have bicycle rental services provided by operators engaged by the Department for members of the public to rent bicycles for leisure or short-distance travel.
Contract terms of the relevant business permit (“permit”) issued by the LCSD explicitly forbid placing bicycles and articles relating to bicycle rental services outside the permit area. However, Ombudsman investigations have revealed that it is common for operators to place their bicycles outside the permit area in violation of contract terms. The Ombudsman also found that the existing enforcement mechanism of the LCSD against operators is not consistent.
Mr Chan said, “The LCSD, as the venue manager and permits issuer, is duty-bound to monitor the operators of bicycle rental services. Operators placing their bicycles outside the permit area in violation of regulations not only causes an obstruction to passageways and affects members of the public to access and use recreational facilities, but may also pose safety hazards. Our multiple site inspections found that it seems to be a common practice for operators to leave bicycles lying around in contravention of the regulations, and this has invited doubts as to whether the LCSD had reminded the operators of the irregularities or has taken enforcement action against them in the past.”
LCSD staff issue reminders or warning letters to operators based on the gravity of the irregularities found. If no improvement is evident after the third warning letter, the LCSD can consider suspending the operator’s business or terminating the contract. However, the current guidelines do not clearly specify how many verbal and written reminders would warrant a warning letter, or whether written reminders and warning letters have a validity period. The Ombudsman is of the view that in order to carry out enforcement more efficiently and fairly, the LCSD should enhance the current enforcement regime and the relevant guidelines, for example, by specifying clearly that the Department will issue a warning letter if a cumulative number of verbal or written reminders are given within a certain period of time, and that the criteria for the issuance of a warning letter should be made public.
On the other hand, it has been noted that operators display bicycles of various models outside bicycle kiosks for customers to choose and try. This is not unreasonable, and may even have a practical need. The Ombudsman considers that while the LCSD has a duty to monitor compliance with permit contract terms, it should, as the department responsible for promoting recreational activities, also conduct a review on whether the current regulatory regime is too restrictive for the operators in the business. If necessary, the Department should examine whether operators can be allowed to use the space outside the permit area as long as the relevant regulations are complied with. In the long run, the LCSD should consider including part of the venue as the permit area when drafting new contracts for bicycle rental services in the future for better management.
The Ombudsman has made a total of eight improvement recommendations to the LCSD, including:
- keep monitoring the operator concerned closely. Should it continue to occupy the space outside the permit area in violation of contract terms, decisive enforcement action must be taken;
- strengthen monitoring of bicycle rental services operators, and take decisive enforcement action against irregularities pursuant to permit contract terms;
- step up staff training on the enforcement of permit contract terms and relevant procedures to ensure that enforcement actions are taken rigorously, accurately and effectively;
- examine how to enhance the current enforcement regime and relevant guidelines to carry out enforcement work in a more efficient and fairer manner in accordance with consistent standards;
- conduct a comprehensive review on the operation of bicycle rental services at venues under its purview, and to examine the feasibility of allowing operators to use areas outside the permit area for placing bicycles, subject to compliance with the relevant requirements;
- consider revising the terms of future permit contracts to suitably include a certain area outside the bicycle kiosk as part of the permit area for better management;
- collect information on the performance of operators (especially irregularities and their approach to complying with reminders and warning letters, etc) and include such information into the LCSD database as the basis of reference in approving new permits in the future; and
- step up publicity to encourage members of the public to monitor operators’ performance and report irregularities to the LCSD at once.
The Office is pleased to note that the LCSD has accepted all the improvement recommendations made.