The Ombudsman today - Challenges and Opportunities for Citizens' Rights - Speech by the Parliamentary Ombudsman

The Ombudsman today - Challenges and Opportunities for Citizens' Rights - Speech by the Parliamentary Ombudsman

Published April 08, 2025

Speech by the Parliamentary Ombudsman of Malta during the conference commemorating the 45^th Anniversary since the establishment of the Civic Defender of the Lazio Region.

The Ombudsman today: Challenges and Opportunities for Citizens’ rights

At present, we are experiencing a rapid series of negative events in the international scene. Because of the very serious conflict the world is going through, I strongly believe that Ombudsmen should stand to be counted. They should stand up for justice especially for the vulnerable, for the destitute and for all without a voice, those who do not even have the strength to whisper. Ombudsmen have an obligation to be on the frontline for the promotion and protection of the fundamental rights and freedoms of the person, whether such a matter forms part of their mandate or not.

The tragic state of affairs that the most vulnerable around the world especially in war zones are living through is indeed unprecedented since World War 2. The scenes of the real world which we all witness every day should make us shudder. In Gaza we have seen and still see Palestinian babies dying of cold and small Palestinian children shivering in long queues begging for food. Ironically, we have also seen multi billionaires splashing their wealth for all to see, even in favour of charities, maybe to tame their conscience, most probably forgetting that even they like the rest us have their expiry date, which happens to be irrevocable even for them. In Gaza we also witnessed the horribly humiliating scenes in front of worldwide media cameras of the release of Israeli hostages after months of illegal, indecent and inhuman incarceration.

Taking into consideration the realities of our societies today, challenges and opportunities could be the two sides of the same coin. However in order to avert possible confusion and to look at the hard facts I am of the view that as Ombudsmen we have an obligation to come to terms, and possibly find solutions, first and foremost for the challenges. Opportunities will only come along if the challenges are faced convincingly.

Apart from dealing with the devastating consequences of worldwide instability the pressing day-to-day challenges, that are mistakenly considered by some as necessary evils, are the catastrophic effects of climate change, the heart-breaking problems caused by migration, and the unfortunately sidelined problems of ageing societies.

Climate Change

Climate change has become a human rights issue. The matter requires action to prevent that the abusers continue to remain powerful while the down-trodden continue to be so if not even more.

Basic human interests and needs are already affected or threatened by climate change. Ombudsmen must be there to have their say.

Migration

As Ombuds institutions, if we truly believe that migrants are also our concern, then as Ombudsmen we are duty bound to remind the authorities in our countries that States have positive obligations, meaning that they have to take preventive and remedial actions not only to uphold the rights of migrants whatever their status, but also to address and find solutions for violations and abuse that arise at all stages of migration.

Ageing

The COVID-19 pandemic exposed existing weaknesses in health care for older persons, and showed how such weaknesses can aggravate inequalities. As people age, the risk increases of their basic human rights being threatened or violated. Ombuds institutions have to insist that a clear distinction must be drawn between "needs" and "rights". While "needs" may vary depending on multiple factors, "rights" are there to stay as they are fundamental normative rules for all to observe and defend. States should manage ageing by taking forward-looking measures to innovate their labour markets, and pension and health-care systems to ensure that support for older persons is both adequate and sustainable.

These are only three of the major challenges. Despite their magnitude, our investigative approach if positively tested over time can be the opportunity on our part to attempt to find solutions. When we investigate complaints, we have to keep constantly in mind that ours is an Office where many a time people come to seek assistance, because they have nowhere else to turn to. People require understanding, care and attention frequently because they are without a voice. We must do our share to investigate thoroughly in a fast, effective and equitable manner. When we do so, our recommendations acquire moral strength vis-a-vis the public decision makers, with the onus shifting on them to implement as quickly as possible.

We are in ideal position to act as the microphone of people without a voice, or to refer if they are afraid or hesitant to claim or affirm their rights. We are there to ensure that fairness and justice are practised on substance and on merit.

Another massive challenge is to uphold the rule of law with justice. We should not only recommend redress but also oversee the prevention of violations of rights. The Office is not a Court of Justice. Unlike the latter, the Ombudsman can rule in favour of a complainant if he finds that the act or omission of the public administration appears to be contrary to law or is wrong. The more the public demands the observance and application of the rule of law, the more the public will seek relief in institutions like the Ombudsman which are less formalistic, inexpensive and more user friendly than the Courts of Justice.

We have also the additional burden of keeping active the principles of good governance foremost amongst which the fair administration of justice, the insistence on ethical behaviour, transparency and accountability of public administrators.

We will remain relevant if we defend our independence at all costs especially in times of turbulence. However, independence must be earned day by day through fearless action and determination. Crucial is the value of trust. Trust is not a game of chance. It has to be a daily challenge.

In conclusion, as Ombuds institutions we have to use the work ethic, which past experience has proved correct, to meet all the challenges of our time. If we place people, as the prime movers of our action, then we have done our job well. If the decision makers fail, then they have to bear the responsibility. We must ensure that the decision makers do not fail. Otherwise, we all stand to lose.