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OESD, I-XIV, 001-400, Asian Ombudsman.Indd (eds) Kucsko-Stadlmayer Kriebaum Univ.-Prof. Dr. Ursula Kriebaum is professor at the Section for International Law and International Relations of the University of Vienna. Ursula Kriebaum Univ.-Prof. Dr. Gabriele Kucsko-Stadlmayer Gabriele Kucsko-Stadlmayer (eds) is judge at the European Court of Human Rights in Strasbourg and professor at the University of Vienna. Asian Ombudsman Institutions This book provides a comprehensive representation of the legal bases of Om- Asian Ombudsman Institutions budsman and similar public institutions in Asia, analysing them in a compa- A comparative legal analysis rative manner and thereby revealing their organisational and functional di- versity. The Ombudsman concept has been distinctly received in Asia, due to diverse systems of government and prior legal traditions, contributing to the particular development of such institutions. The study is the result of a re- search project conducted by the University of Vienna under the auspices of the editors and commissioned by the International Ombudsman Institute. The book starts with a comparative legal analysis, followed by eighteen uni- formly structured reports on institutions in various Asian States and regional entities. The final section contains statistics and data illustrating the previous sections. All content is based upon the applicable legal bases, responses of ins- titutions to questionnaires and information derived from activity reports. Handbook ISBN 978-3-7046-7590-3 VERLAG › www.verlagoesterreich.at ÖSTERREICH Asian Ombudsman Institutions_9783704675903.indd 2 20.09.2016 19:33:01 Ursula Kriebaum Gabriele Kucsko-Stadlmayer (eds) Asian Ombudsman Institutions A comparative legal analysis 2016 Handbook Univ.-Prof. Dr. Ursula Kriebaum Professor at the Section for International Law and International Relations of the University of Vienna Univ.-Prof. Dr. Gabriele Kucsko-Stadlmayer Judge at the European Court of Human Rights in Strasbourg and professor at the University of Vienna Financial support was given by the International Ombudsman Institute. This work is subject to copyright. All rights are reserved, whether the whole or part of the material is concerned, specifically those of translation, reprinting, re-use of illustrations, broadcasting, reproduction by photocopying machines or similar means, and storage in data banks. Product Liability: The publisher can give no guarantee for all the information contained in this book. The use of registered names, trademarks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. © 2016 Verlag Österreich GmbH, Wien www.verlagoesterreich.at Printed in Germany Typesetting: Exakta GmbH, Vienna, Austria Printing: Strauss GmbH, Mörlenbach, Germany Printed on acid-free and chlorine-free bleached paper Bibliografische Information der Deutschen Nationalbibliothek Die Deutsche Nationalbibliothek verzeichnet diese Publikation in der Deutschen Nationalbibliografie; detaillierte bibliografische Daten sind im Internet über http://dnb.d-nb.de abrufbar. ISBN 978-3-7046-7590-3 Verlag Österreich Preface The present comparative study of Asian Ombudsman institutions is the third publication in a series of comparative studies that have proven to be a valuable resource for scholars and others interested in the development of the modern Ombudsman concept. The International Ombudsman Institute (IOI) strives to facilitate the development of a full series of such comparative studies to enhance the understanding of the various approaches in interpreting the Ombudsman concept and to intensify the exchange of expertise among the international Ombudsman community. The IOI therefore contracted the University of Vienna, namely the editors and main authors of this book, Professor Gabriele Kucsko-Stadlmayer and Professor Ursula Kriebaum, to carry out this research project. The resulting comparative study is not only a helpful book of reference, but also a collection of well-founded information and an interesting overview of the assignments, governance and competences of Asian administrative control bodies. Enhancing and funding research has become a priority matter for the IOI throughout recent years and the present series of comparative studies provides an ideal platform to promote and develop the concept of ombudsmanship. It is research projects like this, which inherit the potential of encouraging the creation and development of new Ombudsman insti- tutions worldwide and of raising awareness on a global level about the fact that Ombudsman institutions make government actions more transparent, public administration more accountable and play an increasingly important role in the protection and promotion of human rights. The present study will not only make a valuable addition to existing publications of the Ombudsman concept, it will furthermore create a better understanding amongst Ombudsman institutions as such and – in return – improve their services to citizens around the world. For the present study a comprehensive survey was carried out among Ombudsman institutions in the Asian Region. It provides an overview of V Preface the development of Ombudsman offices, their legal foundations, governance and mandates and elaborates their multifaceted nature and diversity. The International Ombudsman Institute (IOI) would like to thank the editors and main authors of this study, Professor Gabriele Kucsko- Stadlmayer and Professor Ursula Kriebaum from the University of Vienna (Austria), as well as the scientific scholars, Philipp Janig and Thomas Eder, who strongly supported the research work of this study. Special thanks go to the Austrian Ombudsman Board for the organizational and financial support in this project and to the Ombudsman institutions who participated in the study for their cooperation. Last but not least, the IOI would like to thank the General Secretariat, in particular Ulrike Grieshofer and her staff, for the excellent overall coordination and organisation of this project and everyone else who contributed to the success of this publication. The IOI regards this publication as an important part of its work in enhancing the understanding of the Ombudsman concept and the important role Ombudsman institutions play as core elements of democracy. Adv. John R. Walters Dr. Günther Kräuter President of the IOI Secretary General of the IOI VI Preface from the Editors The present survey comprises the results of a research project carried out at the University of Vienna between May 2014 and April 2016 under the direction of the editors and supported by the International Ombudsman Institute and the Austrian Ombudsman Board. This project aimed to com- prehensively analyze the Asian Ombudsman institutions in a comparative way and thereby to reveal their organizational and functional diversity. It was also intended to provide an incentive for the discussion of the legal political enhancement of such institutions. Ombudsman institutions in Asia are inspired by various particular legal and political sources. There are large differences among the various Asian institutions but also considerable conceptual dissimilarities to European models. This was an interesting field to explore. This book starts with the comparative legal analysis, followed by 18 reports on the Ombudsman and similar public institutions in different Asian States and regional entities. The reports pursue a uniform scheme of structure to ensure the compatibility of information on the various institutions. They were each based on the country’s constitution and the respective legal basis of the institution, the responses to questionnaires that were sent out in the course of the project, as well as information resulting from the institution’s annual activity reports. Part three of the book contains various tables and diagrams that provide useful complements to the comparative legal analysis. This research had to contend with limitations of differences in style and technique of the various legal frameworks and the extensive reliance on translations (into English); furthermore, not all institutions provided completed questionnaires for the study. Some problems, though by no means all, were resolved by directly contacting employees of the particular institutions. Sincere thanks are given to all persons who contributed to the success of this research project and its publication. Particular thanks are due to Dr. Günther Kräuter, Ombudsman of the Republic of Austria and Secretary General of the International Ombudsman Institute, who initiated and VII Preface from the Editors facilitated this project as an essential contribution to the dialogue between institutions and enriched it by his contacts as well as to Mag. Ulrike Gries- hofer who provided useful organizational assistance. In addition, we would like to thank Michael Moffatt, who supported us by checking the linguistic quality of the manuscript. Ursula Kriebaum Gabriele Kucsko-Stadlmayer VIII List of Abbreviations AOA Asian Ombudsman Association Art Article BDT Bangladeshi Taka CAT Convention Against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment e.g. for example (Latin: exempli gratia) et al. and others (Latin: et altera) i.a. among other things (Latin: inter alia) ICCPR International Covenant on Civil and Political Rights ICERD International Convention on the Elimination of all Forms of Racial Discrimination ICESCR International Covenant on Economic Social
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