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National Human Rights Bodies
- English
(1) Subject to this Schedule, the Ombudsman may
(a) investigate an action taken by a public authority or the President, Vice-President, Minister, officer or member of the public authority, being action taken in the exercise of the administrative functions of the public authority in the circumstances specified in subparagraph (2);
(b) investigate an allegation of fraud or corruption in connection with the exercise by a person of a function of a public authority.
(c) assist an individual complainant in respect of legal proceedings in relation to a contravention of the provisions of the Charter9;
(d) with leave of the Court hearing proceedings relating to a contravention of the provisions of the Charter, become a party to the proceedings;
(e) initiate proceedings relating to the constitutionality of a law or of the provisions of a law.
(2)The Ombudsman shall investigate an action under sub-para-graph (1)(a)-
(a) where the Ombudsman receives a complaint from a person or body alleging that the complainant has suffered a violation of the complainant’s fundamental rights or freedoms under the Charter, or an injustice, in consequence of a fault in the administration of a public authority or has been treated harshly or oppressively by the authority or the President, Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority;
(b) where the President, Vice-President or a Minister or member of the National Assembly requests the Ombudsman to investigate the action on the ground that the person or body specified in the request-
(i) has or may have suffered a violation of the person’s or body’s fundamental rights for freedoms under the Charter, or an injustice, in consequence of a fault in the administration of a public authority or of a fault of the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority;
(ii) has been treated harshly or oppressively by the authority or the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority,/or on the ground that the practices or patterns of conduct of a public authority or the President or Vice-President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority appear to result in injustices or harsh, oppressive or unfair administration; or
(c) where the Ombudsman considers that it is necessary to investigate the action on the grounds specified in subsubparagraph (b), and an allegation under subparagraph (1) (b).
… (Schedule 5, Art. 1)
National Human Rights Bodies
- English(1) There shall be an Ombudsman for Guyana.
(2) All matters relating to the appointment and functions of the Ombudsman and other matters connected therewith are regulated by articles 191 to 196 (inclusive). (Art. 122)
National Human Rights Bodies
- EnglishThere shall be a Human Rights Commission the primary functions of which shall be the protection and investigation of violations of the rights accorded by this Constitution or any other law. (Sec. 129)
National Human Rights Bodies
- EnglishThe Office of the Ombudsman monitors the protection of the fundamental rights and guarantees recognized in this Constitution as well as of those which are provided for by international human rights conventions and the law through the non-judicial control of the facts, acts and omissions of public servants and providers of public services and makes sure that they are observed.
The Office of the Ombudsman acts under the direction and responsibility of the Ombudsman who is appointed by the legislative branch for a period of five years during which he/she may neither be suspended nor dismissed, except by a vote of two thirds of the members of the National Assembly on one of the grounds previously determined by law. (Art. 129) - SpanishLa Defensoría del Pueblo velará por la protección de los derechos y las garantías fundamentales consagradas en esta Constitución, así como los previstos en los convenios internacionales de derechos humanos y la Ley, mediante el control no jurisdiccional de los hechos, actos u omisiones de los servidores públicos y de quienes presten servicios públicos, y actuará para que ellos se respeten.
La Defensoría del Pueblo actuará bajo la dirección y responsabilidad del Defensor del Pueblo, quien será nombrado por el Órgano Legislativo para un periodo de cinco años, dentro del cual no podrá ser suspendido ni removido, sino por el voto de dos tercios de los miembros de la Asamblea Nacional, en virtud de causas definidas previamente por la Ley. (Art. 129)
National Human Rights Bodies
- English(1) Commission for Human Rights and Good Governance shall discharge the following functions –
(a) to sensitise countrywide about preservation of human rights and duties to the public in accordance with the Constitution and the laws of the land;
(b) to receive complaints in relation to violation of human rights in general;
(c) to conduct inquiry on matters relating to infringement of human rights and violation of principles of good governance;
(d) to conduct research, to impart or disseminate to the public countrywide education in respect of human rights and good governance;
(e) if necessary, to institute proceedings in court in order to prevent violation of human rights or to restore a right that was caused by that infringement of human rights, or violation of principles of good governance;
(f) inquire into the conduct of any person concerned and any institution concerned in relation to the ordinary performance of his duties or functions or abuse of the authority of his office; and
(g) to advice the Government and other public Institutions and private sector in respect of human rights and good governance;
(h) to take necessary action in order to promote and enhance conciliation and reconciliation among persons and various institutions appearing or being brought before the Commission.
… (Art. 130)
National Human Rights Bodies
- English1. The House of Peoples' Representatives shall have the power of legislation in all matters assigned by this Constitution to Federal jurisdiction.
…
14. It shall establish a Human Rights Commission and determine by law its powers and functions.
15. It shall establish the institution of the Ombudsman, and select and appoint its members. It shall determine by law the powers and functions of the institution.
… (Art. 55) - Amharic1. የሕዝብ ተወካዮች ምክር ቤት በዚህ ሕገ መንግሥት መሰረት ለፌዴራሉ መንግሥት በተሰጠው የሥልጣን ክልል ሕጐችን ያወጣል፡፡
…
14. የሰብዓዊ መብቶች ኮሚሽን ያቋቁማል፤ ሥልጣንና ተግባሩን በሕግ ይወስናል፡፡
15. የሕዝብ እንባ ጠባቂ ተቋምን ያቋቁማል፤ ተቋሙን የሚመሩ አባላትን ይመርጣል፤ይሰይማል፡፡ ሥልጣንና ተግባሩን በሕግ ይወስናል፡፡
… (አንቀጽ 55)
National Human Rights Bodies
- EnglishThe Ombudsman is an office established to guarantee the rights of citizens and to uphold legality and justice in the actions of the Public Administration. (Art. 255)
- PortugueseO Provedor de Justiça é um órgão que tem como função a garantia dos direitos dos cidadãos, a defesa da legalidade e da justiça na actuação da Administração Pública. (Art. 255)
National Human Rights Bodies
- English(1) Subject to the provisions of this Constitution, an Act of the National Assembly shall within six months of the coming into force of this Constitution establish the office of Ombudsman and provision for his or her functions and duties—
(a) in the investigation of any action taken by a government department or other authority, or other public body, to which the Act applies, being action taken in the exercise of the administrative functions of that department or authority, on a complaint by a member of the public who claims he or she has suffered injustice in consequence of maladministration or mismanagement, or discrimination on any ground set out in Chapter IV8, in connection with such action;
… (Sec. 163)
National Human Rights Bodies
- EnglishThe Defender of the People is an independent authority in his functions and with administrative and budgetary autonomy. He is obligated exclusively to the mandate of this Constitution and the laws. (Art. 190)
- SpanishEl Defensor del Pueblo es una autoridad independiente en sus funciones y con autonomía administrativa y presupuestaria. Se debe de manera exclusiva al mandato de esta Constitución y las leyes. (Art. 190)