Office of the Commissioner for Administration and the Protection of Human Rights

Brief history

The Office of the Commissioner for Administration (Cyprus Ombudsman) was established in 1991 by the enactment of the Commissioner for Administration Laws following approval by the House of Parliament. Since these laws have undergone a number of amendments but remain in force with regard to the competences of the Commissioner as an independent authority, responsible to deal with issues of maladministration, misbehaviour and human rights violations by state authorities or public officers. In 2004, following the accession of Cyprus into the EU and as a result of the incorporation of Directives 2000/78/EC and 2000/43/EC into Cyprus law (Law 42 (I)/2004) the mandate of the Ombudsman was expanded so as to include competences for combating discrimination and promoting equality under the directives. This Law led to the establishment of the Equality Body. In 2009, following the ratification of the Optional Protocol of the UN Convention against Torture by the enactment of Law 2 (III) /2009, the competences of the National Mechanism for the Prevention of Torture (NPM) were added to the existing competences of the institution. In 2011, the Commissioner for Administration Laws were amended and the institution was renamed “Commissioner for Administration and the Protection of Human Rights” and vested with broader functions in the area of protecting, promoting and guaranteeing human rights as National Institution for Human Rights (NHRI) in line with the Paris Principles. In 2012, following the ratification of the UN Convention for the Rights of Persons with Disabilities (PwD) by the Republic of Cyprus and a relevant Council of Ministers Decision, the Office was appointed independent mechanism for the protection, promotion and monitoring of the implementation of the Convention, in accordance with article 33 (2) of the UN Convention and the Independent Authority for the Promotion of the Rights of PwD was established. In the framework of harmonisation with Directive 2008/115/EC and following a relevant Council of Ministers Decision dated 4 December 2012, the Commissioner for Administration and the Protection of Human Rights, in 2018, has started acting as a Mechanism for the Monitoring of the Procedures of Forced Returns of third-country Nationals.

Mandate Type

Predominantly tribunal-type (quasi-judicial) body

Litigation power:

• Formally deciding on complaints (e.g. decision or recommendation addressed to the parties) legally binding

Activities

Our institution has a mandate to deal with:

• Violence against women
• UN Convention on the Rights of Persons with Disabilities (CRPD)
• Hate crime
• Hate speech
• Prevention of torture (through the independent national preventive mechanism)
• Monitoring Forced Returns of Third-Country Nationals

Other statistics:

Management

• Single headed equality body (led by director or ombudsman/commissioner)

Management details

The Ombudsman heads and has, therefore, the final word for all works of the Office of the Commissioner for Administration and the Protection of Human Rights (as mentioned above at the par.2 – Brief History).

Additional details

Please see ’Brief History’ above.

Procedure for nomination and appointment of management and board

The Ombudsman is appointed by the President of the Republic, following a recommendation of the Council of Ministers and a majority decision of the House of Parliament. The Ombudsman must be a citizen of the Republic, over 35 years old, with a high level of education, experience and integrity. The Ombudsman’s term of Office is 6 years and may be renewed. The institution’s personnel is appointed in accordance with the Public Service Laws.

Number of staff dealing with equality issues

Grounds and fields of discrimination covered by the equality body

Mandate covers:

• Public sector
• Private sector

Operating budget in euros

Operating budget in euros for the parts of the organisation dealing with equality issues (all types of functions)

We are accountable to

• National audit institution (i.e. for financial reporting)
• the institution is not accountable to the Government, the Parliament or any other Public Authority or Body. A reporting obligation is that the institution informs the President of the Republic, the Council of Ministers and the Parliament about its activities, through its Annual Report and memorandum procedures.