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Tackling discrimination: Assessing capacities of Croatia’s Ombudsman - November 2008

 

Croatian People’s Ombudsman Mr. Jurica Malcic
ZAGREB – 9-14 November 2008 – In January 2009, an anti-discrimination act came into force in Croatia, expanding the mandate of the Croatian People’s Ombudsman (CPO) – particularly affecting its work in areas pertaining to the rights of minorities and the mentally ill, and with broader human rights issues. In anticipation of its changing role and added responsibilities, the human rights body invited UNDP to assist with a capacity assessment in November 2008. Assets and needs were identified related to: structure, strategy and planning, human resources management, performance management, and accountability, and included three specialized Ombuds institutions covering children, gender equality and persons with disabilities. The assessment was carried out in partnership with the Human Rights and Justice team (BRC Democratic Governance Practice). >>Read more
 
In addition to a changing role because of the new anti-discrimination act, the work of the CPO is also affected in that it has been officially declared a national human rights organization. Croatia also ratified the Optional Protocol to the UN Convention Against Torture and Other Forms of Cruel, Inhuman or Degrading Treatment or Punishment, giving the CPO new responsibilities such as regular visit to prisons and other closed institutions.
 
"The capacity assessment is a very good starting point for designation of a new organizational structure and shifting from reactive to proactive approach in the future work,” said Mr. Jurica Malcic, the Croatian People's Ombudsman.
 
“In the period ahead of us, the crucial question is how to expand the capacity of national institutions to address the many human rights issues that they confront,” said Mr. Yuri Afanasiev, UNDP Resident Representative in Croatia. “National institutions need to ensure that they are accessible to members of the public who wish to file a complaint. They also need to work with partners in public advocacy, campaigning and education. NGOs offer a range of skills and contacts, as well as resources that can usefully supplement and enhance the efforts of the People’s Ombudsman. Good relations with NGOs are usually identified as an important characteristic of effective [national human rights institutions]. Regular dialogue with NGOs also enhances the public legitimacy of the institution as well as simply making more widely known.”
 
Preliminary findings suggest that new administrative and advisory functions will need to be determined, possibly through a functional review (including a training needs assessment), and that functions and their related human and financial resources be charted. Based on this, clear lines of decision-making, reporting and information sharing would be clearly defined. The organization would benefit from guidelines for formulating a results based management mid-term strategy, as well as from non-monetary incentives for staff, and inclusion of a recruitment plan and staff assessments into the overall strategy. Developing a client feedback system would capture results of resolving human rights complaints, and building on partnerships with civil society organizations would also benefit the organization. 
 
External stakeholders involved in the assessment included: the three specialized Ombuds institutions, civil society representatives, the Ministry of Justice, the Constitutional Court, the Parliamentary Committee for Human rights and National Minority Rights, and the Governmental Office for Human Rights.
 
UNDP Croatia has developed a follow up project to support capacity development of the Ombudsman. A conference The Croatian People's Ombudsman as the Central Equality Body took place on 26 January, and addressed the transfer of authority for implementation of the new anti-discrimination act, and its new role as the main human rights protection institution.
 
For more information, please contact:
Louise Nylin
Policy Specialist
Human Rights and Justice team, BRC
louise.nylin@undp.org
 
Mario Kresic
Project Manager
UNDP Croatia
mario.kresic@undp.org