The Mexican Ombudsman and the Human Rights National Commission
In the 1990’s, the Federal Legislative branch of México created an independent agency to safeguard the human rights of all Mexicans from governmental abuse. The head of this agency, the Human Rights National Commission, is Ombudsman José Luis Soberanes Fernández, PhD.
Each State in México has its own State Human Right Commission, with its State Ombudsman.
As Ombudsman, Dr. Soberanes receives complaints of human rights violations allegedly committed by members of the executive branch and orders investigations to determine if indeed human rights were violated.
If the Ombudsman finds that the human rights of a complaining party had been violated, sends a non-binding recommendation to the immediate superior of the accused government employee to sanction them, and if applicable, to cease the abuse.
Another important function of the Ombudsman is the promotion of the respect for the human rights in México. People are now aware of their rights, and this is a novelty. Twenty years ago, most of the population did not see themselves as recipients of the rights contained in the Mexican Constitution. The government was feared. But the Human Rights National Commission and different changes in the laws have helped to close the gap between what the law says and what happened in reality.
The Ombudsman’s decisions are non-binding, merely recommendations, but their power is moral: it points out those public employees that are violating human rights; sends reports to the mass media containing the names of the public entities that decide to ignore his recommendations; gives press conferences to inform to the public about their principal cases.
The Ombudsman is not feared by public employees, but can become a nuisance for middle and upper level directors of agencies and public entities.
In the case of México, we needed a figure like the Ombudsman. The Human Rights National Commission has helped to advance a culture of respect for Human Rights. Government employees and general population had been educated through out the last three decades thanks in part to the work of the Ombudsman.
As Ombudsman, Dr. Soberanes receives complaints of human rights violations allegedly committed by members of the executive branch and orders investigations to determine if indeed human rights were violated.
If the Ombudsman finds that the human rights of a complaining party had been violated, sends a non-binding recommendation to the immediate superior of the accused government employee to sanction them, and if applicable, to cease the abuse.
Another important function of the Ombudsman is the promotion of the respect for the human rights in México. People are now aware of their rights, and this is a novelty. Twenty years ago, most of the population did not see themselves as recipients of the rights contained in the Mexican Constitution. The government was feared. But the Human Rights National Commission and different changes in the laws have helped to close the gap between what the law says and what happened in reality.
The Ombudsman’s decisions are non-binding, merely recommendations, but their power is moral: it points out those public employees that are violating human rights; sends reports to the mass media containing the names of the public entities that decide to ignore his recommendations; gives press conferences to inform to the public about their principal cases.
The Ombudsman is not feared by public employees, but can become a nuisance for middle and upper level directors of agencies and public entities.
In the case of México, we needed a figure like the Ombudsman. The Human Rights National Commission has helped to advance a culture of respect for Human Rights. Government employees and general population had been educated through out the last three decades thanks in part to the work of the Ombudsman.
posted by Mastropiero @ 1:28 PM
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