Category Archives: AOA News Letter

INTERNATIONAL COOPERATION PLAYS A BIG ROLE IN THE WORK OF THE OMBUDSMAN.

International cooperation plays a big role in the work of the Ombudsman. In their activities, ombudsmen around the world cooperate and are outside the framework of politics, our main task is to restore violated rights of citizens and their protection.

Today I spoke at a meeting of the Expert Council under the representative of the Ombudsman of the Republic of Kazakhstan in Astana. In her report she noted that our institute this year celebrated its 24th anniversary, and during this time much has been done to protect the rights of citizens, improve legislation and legal education. The Expert Council actively helps us to solve the issues of human rights activities, facilitating effective interaction with state bodies and civil society. This institution is only in its infancy among our colleagues.

I hope that the experience of the Expert Council under the Ombudsman in Tatarstan will help our colleagues to build effective human rights tactics, and their Council will become a reliable support for the institution of the Ombudsman.

“PROTECTOR OF HANSEN’S DISEASE PATIENTS,” ACRC CHAIRPERSON RYU CHUL WHAN, VISITS SEONGJAWON IN ANDONG TO HEAR CONCERNS.

– Celebrating the 71st anniversary of Seongjawon in Andong with an on-site visit and meeting

– Review of implementation status for recommendations on settlement area improvements and gathering of on-site feedback

(17, October. 2024, ACRC)

On October 17, Anti-Corruption and Civil Rights Commission (ACRC) Chairperson Ryu Chul Whan visited Seongjawon, a Hansen’s disease care facility in Andong, to meet with officials from Seongjawon and Andong City. This visit included a comprehensive review of the progress made on ACRC’s recommendations from December 2021, which focused on strengthening rights protection and enhancing the environmental and welfare conditions of Hansen’s disease patient settlements. Updates were also shared on the mediation efforts underway since October 2023, and Chairperson Ryu engaged in a listening session to address residents’ concerns directly.

* Seongjawon, established in 1953, provides medical, social, economic, and psychological rehabilitation to Hansen’s disease patients and their families, who have long been marginalized in society.

** Gaemyeong Village in Andong, created in 1959, has faced significant challenges due to deteriorating infrastructure, with disused livestock sheds and 92 abandoned buildings, impacting both the landscape and residents’ health.

Following a nationwide study of 82 Hansen’s disease settlement areas, the ACRC, in December 2021, recommended action to 66 local governments—including Gyeongsangbuk-do and Andong City—and nine central agencies, such as the Ministry of Health and Welfare and the Ministry of Agriculture, Food and Rural Affairs. These recommendations aimed to protect the rights of Hansen’s disease patients and improve settlement conditions.

 

In November of last year, the ACRC facilitated an agreement with five care facilities, Cheongju City, the Korea Disease Control and Prevention Agency, and other relevant bodies to ease admission standards and establish tailored criteria for Hansen’s disease care facilities. Since then, the ACRC has conducted multiple on-site inspections to monitor the implementation of these improvements.

  • Notable visits for implementation reviews have included the Ever Green Welfare Center in Cheongju (February 7), St. Lazarus Village in Uiwang City and the Korea Hansen Welfare Association (March 22), National Sorokdo Hospital, Aeyang Pyeongan Nursing Home in Yeosu, and Doseong Village (May 17), and Seongsimwon in Sancheong (June 26).

Through this recent visit, the ACRC reaffirms its commitment to the implementation of previous recommendations while offering guidance to address any emerging challenges. Issues identified on-site, or those requiring further action, will be tackled through thorough investigations and coordinated efforts with relevant agencies.

  • Examples of Resolved Issues:

– Mediation to halt the demolition of 197 buildings in Bupyeong Village, Incheon (November 29, 2022)

– Regulatory relaxation to admit non-beneficiaries into Hansen care facilities (November 7, 2023)

– Mediation to address livestock odor disputes in Yeongmin Village, Yeonggwang County, Jeollanam-do (July 3, 2024)

Chairperson Ryu Chul Whan noted, “This visit, coinciding with Seongjawon’s 71st anniversary, is a meaningful opportunity to recognize the struggles of Hansen’s disease patients who have faced societal prejudice and to work alongside stakeholders in addressing the unique challenges of Hansen facilities and settlements.”

He added, “The ACRC remains dedicated to protecting the rights of Hansen’s disease patients and will prioritize visiting vulnerable communities to listen to their needs and offer essential support.”

OMBUDSMAN PROBES GOVERNMENT’S MONITORING AND REGULATION OF SLOPE SAFETY.

 

The Ombudsman, Mr Jack Chan, today (14 November) announced the launch of a direct investigation operation to examine the Government’s monitoring and regulation of slope safety in detail.

The total land area of the Hong Kong Special Administrative Region exceeds 1,100 square kilometers, of which over 60 per cent is covered by natural hill sides.  In addition, there are about 61,000 man-made slopes, including some 38,500 government man-made slopes, 15,800 private man-made slopes and 6,300 slopes involving mixed responsibilities.  Seasonal heavy rain and severe storms may lead to landslides from time to time, thereby posing threats to life and property.  Over the past 30 years, there has been an annual average of about 300 landslides recorded in Hong Kong.  While there has been a downward trend in the number of landslides in recent years, severe landslides triggered by extreme weather might still occur, creating serious incidents.  In 2023 alone, the number of landslides exceeded 600, raising alarms in the community.

Currently, the monitoring and regulation of slope safety falls within the ambit of various government departments.  The Lands Department (“LandsD”) is responsible for determining the maintenance responsibility of man-made slopes, categorised into government and private man-made slopes respectively, while some are slopes involving mixed responsibilities.  Every year, the Geotechnical Engineering Office (“GEO”) of the Civil Engineering and Development Department (“CEDD”) selects natural hillside catchments and government man-made slopes with relatively high potential impacts for upgrading or risk mitigation works according to a risk-based approach.  GEO also conducts safety screening studies for private man-made slopes and recommends to the Buildings Department (“BD”) the issuance of Dangerous Hillside Orders to the owners of slopes with potential dangers requiring them to carry out remedial or preventive works.  Preliminary findings of the Office of The Ombudsman revealed that between 2014 and 2022, GEO completed risk mitigation works for over 300 natural hillside catchments, upgraded over 1,400 government man-made slopes and conducted safety screening studies for more than 900 private man-made slopes.  Different government departments (mainly LandsD, the Highways Department (“HyD”), the Water Supplies Department (“WSD”) and the Architectural Services Department (“ArchSD”) are responsible for the routine inspection and maintenance of man-made slopes under their purview.

Lack of maintenance on slopes is one of the major causes of landslides.  Government information showed that both government and private man-made slopes were involved in past landslides, while more severe incidents mainly concerned natural hillside catchments.  Preliminary findings of the Office also revealed that a considerable number of Dangerous Hillside Orders issued to private owners have remained long outstanding, with disputes over the maintenance responsibility being one of the common causes.  In addition, the Office has received almost 20 complaints related to slope safety over the past five years, reflecting considerable public concerns about slope safety.

Mr Chan said, “With the Government’s continuous efforts over the past few decades, overall slope safety in Hong Kong has been substantially uplifted compared with the 1970s.  However, as extreme weather has become more frequent, coupled with gradual slope degradation, landslide risks still exist.  To this end, I have decided to launch a direct investigation operation to seriously examine whether there is room for further enhancement of the Government’s monitoring and regulation of slope safety, including the overall strategy on landslip prevention and mitigation, the routine repair and maintenance of government man-made slopes, the issuance and subsequent enforcement of Dangerous Hillside Orders, the determination of slope maintenance responsibility and dispute handling, post-landslide follow-up actions, as well as interdepartmental collaboration covering case referral, exchange of information and professional knowledge, with a view to making targeted recommendations to the Government for improvement where necessary.”

FEDERAL OMBUDSMAN REITERATES COMMITMENT TO PROTECT RIGHTS OF CHILDREN.

Islamabad: November 20, 2024: The Federal Ombudsman, Mr. Ejaz Ahmad Qureshi has called upon all segments of the society to redouble their efforts for protecting the rights of the children in the country.

In a message released here today on the eve of the World Children’s Day, being observed on November 20 th every year, he underlined the need to work together for creating a society where children can thrive, learn and grow without fear of violence, discrimination or marginalization, adding that it is our collective responsibility to ensure that our children are safeguarded from all kinds of exploitation, abuse and neglect.

Following is the text of his message issued on the occasion:

“The Federal Ombudsman Office has taken several initiatives for the welfare of children in the country which includes, a pilot research study to address the plight of street children, providing them with access to education, healthcare, and social services. Pakistan has made significant strides in promoting the child rights, including the establishment of the National Commission for Children (NCC) and the introduction of child-friendly laws and policies. The office of Ombudsman is working on the issue of Cyber-crimes against Children and a full-fledged office of the Grievance Commissioner for Children has been established in this Secretariat to receive, hear and redress the children complaints. A dedicated helpline 1056 is also available to lodge the complaints by or on behalf of children against federal government departments. It has launched a nationwide awareness campaign to educate parents, teachers, and community leaders about the importance of protecting child rights. We appeal to all stakeholders to join hands in this noble endeavor. “Together, we can build a brighter future for Pakistani children, where their rights are respected, protected, and promoted.

PUBLIC DEFENDER SUBMITS ALTERNATIVE REPORT ON EXECUTION OF ECHR JUDGMENTS TO PARLIAMENT.

The Public Defender of Georgia submitted an alternative report to the Parliament of Georgia relating to the 2023 report of the Ministry of Justice of Georgia on the execution of judgments delivered by the European Court of Human Rights against Georgia (pending cases).

The alternative report reviews the general measures taken by the State as of 2023 to execute the judgments delivered by the European Court against Georgia in the following cases: “Tsintsabadze Group”, “Identity Group”, “Merabishvili v. Georgia” and “Tkhelidze Group”. The document analyzes whether the steps taken by the State are sufficient for the execution of the above-mentioned cases.

The report addresses issues such as fight against hate crimes and ill-treatment, freedom of assembly of the LGBT+ community, gaps in the administration of justice relating to the cases of violence against women and domestic violence judgments and femicide, etc.

The alternative report also offers recommendations on additional general measures needed to execute the above-mentioned of the European Court of Human Rights.

FAILURE TO PAY CHILD SUPPORT MAY LEAD TO CRIMINAL LIABILITY – OMBUDSMAN

For reference, according to Article 77 of the Constitution of the Republic of Uzbekistan, parents and their substitutes are required to care for their children until they reach adulthood, ensuring their upbringing, education, healthy, complete, and comprehensive development. Under Article 474 of the Code of Administrative Offenses, individuals who fail to pay child support for a minor child in a timely manner may face penalties, including up to 15 days of imprisonment, a fine equivalent to 20 times the minimum wage, or mandatory community service for up to 120 hours. An individual committing this offense for the first time may be exempted from liability if they voluntarily settle the debt during the administrative violation proceedings. However, failure to pay child support even after administrative penalties have been imposed may result in criminal liability.

According to the “Regulation on the Alimony Payment Fund,” approved by the Cabinet of Ministers of the Republic of Uzbekistan on August 3, 2022, state enforcement officers take measures to recover unpaid child support in accordance with the enforcement document issued by the criminal court against the debtor found criminally liable for evading financial responsibility for a minor child. If all legally prescribed measures prove ineffective, the state enforcement officer decides on compensation from the alimony fund, ensuring payment within two business days.

It should be noted that parents’ responsibility towards their children is not only a legal obligation but also a moral duty for every parent. Child support payments are essential for children’s healthy growth, education, and overall development.

A SUCCESS STORY OF ADVOCACY: THE PDHJ’S ROLE IN SUPPORTING ELISABETH’S RIGHT TO DISABILITY ASSISTANCE.

Ataúro, 22 October 2024 – Elisabeth Soares Oliveira, a 31-year-old from Usubemasu, Beloi, Ataúro faced tremendous challenges due to her physical disability. From 2019 to 2022, she endured significant hardship when she lost her disability support allowance because of issues within the banking system. This situation left her and her widowed mother, Amelia, struggling to meet their basic needs.

With no steady income, Amelia felt the weight of their circumstances deeply. The absence of financial support took an emotional toll, leaving her worried about their uncertain future.

Recognizing the urgent need for assistance, a support network from the former PDHJ in Ataúro brought Elisabeth’s plight to the PDHJ in Dili. Acting swiftly, the PDHJ engaged with the relevant authorities to resolve the matter. Thanks to their dedication, the National Institute of Social Security took notice, allowing Elisabeth to regain her rights and receive retroactive payments for the four years she had lost.

On October 22, 2024, the PDHJ team returned to Usubemasu to check on Elisabeth and Amelia. When they spoke with Amelia, her eyes lit up. “My daughter can access the subsidy again,” she exclaimed, gratitude pouring from her words. This support was a lifeline that alleviated their struggles.

Amelia expressed heartfelt thanks on behalf of Elisabeth: “Without the PDHJ’s advocacy and the government’s support, we would still be in despair,” she said, tears of relief in her eyes. The subsidy meant hope, dignity, and a promise of a better future.

This success story is a testament to the power of advocacy and community support, highlighting how collaboration can change lives and help individuals like Elisabeth reclaim their rights.

JOINT RECEPTION ON THE PROTECTION OF LAW AND CITIZENS’ RIGHTS HELD.

Today in Nizhnykamsk held a joint reception of citizens with the prosecutor of the Republic of Tatarstan Albert Suyargulov, within which 40 residents of the republic have asked for help.

The issues of initiation and refusal to initiate criminal proceedings, resolution of interpersonal disputes, housing problems and many other topics were raised during the reception. No question or comment was left unheeded by either the Prosecutor of the Republic or the Ombudsman of Tatarstan. The applications received will be checked, all materials examined and additional meetings with applicants.

OFFICIAL VISIT OF THE OMBUDSMAN OF UZBEKISTAN TO POLAND: MEETING WITH THE REPRESENTATIVE OF OSCE/ODIHR.

As it is known, Feruza Eshmatova, the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman), is participating in the Human Dimension Conference held in Warsaw, Poland. The prestigious event, organized in cooperation with the OSCE Office for Democratic Institutions and Human Rights (ODIHR), facilitates dialogue on the implementation of all commitments under the OSCE human security measures. As part of her visit to Poland, on October 9, 2024, the Ombudsman met with the Acting Director of the OSCE Office for Democratic Institutions and Human Rights, Tea Jaliashvili.

During the discussion, topics included the organization of elections for the deputies of the Legislative Chamber of the Oliy Majlis of the Republic of Uzbekistan and the Councils of People’s Deputies, amendments to the electoral legislation, and cooperation with civil society institutions actively participating in public oversight.

Ms. Jaliashvili, in turn, noted that she follows the electoral processes in Uzbekistan and expressed her readiness to collaborate in studying best practices for fulfilling international human rights commitments and implementing them in the context of our country.

At the conclusion of the meeting, which took place in a cordial and constructive spirit, the parties exchanged views on prospective cooperation projects.

SABINA ALIYEVA PARTICIPATED IN THE INTERNATIONAL CONFERENCE OF OMBUDSMEN.

Sabina Aliyeva, the Human Rights Commissioner of Azerbaijan, participated in the International Conference of Ombudsmen on the theme “The Role of the Ombudsman as a Guarantor of Rights,” held in the Lazio region of Italy.

The event, aimed at promoting respect for human rights without discrimination in countries around the world, was attended by the heads and representatives of ombuds institutions and NHRIs from more than 50 countries.

During her speech at the session “Human Rights During Global Crises: The Role of the Ombudsman”, the Commissioner stated that the world is currently facing significant global challenges that affect both human rights and the environment.

S. Aliyeva noted that the effective protection of human rights and freedoms in the context of climate change has become one of the priority issues in the activities of ombuds institutions and NHRIs. She also highlighted that numerous events have been organized by the Azerbaijan Ombudsman Institution in this regard.

The Ombudsman noted that for nearly thirty years, our lands were under Armenia’s occupation, during which time the environment and biodiversity in those areas were harmed, and acts of ecocide were committed.

Speaking about Armenia’s mine terror in our territories, the Ombudsman said that these landmines pose a threat to the lives and health of civilians, hinder the safe return of former IDPs to their native lands, obstruct the reconstruction efforts in the region, and that mine explosions have also disrupted the ecological balance in the area.

The Ombudsman added that various state programs, strategies, and national action plans have been implemented in Azerbaijan to improve the ecological situation and ensure more efficient use of natural resources. She also noted that, by Presidential Decree, 2024 has been declared the “Year of Solidarity for a Green World” in Azerbaijan.

This year, our country will host the 29th session of the Conference of the Parties (COP29) to the UNFCCC. The Ombudsman has highlighted that preparations are underway for organizing the event at a high level.