(Bulgaria, Moldova and
Romania)
The Center for the Study of Democracy hosted a
regional seminar titled "Mediation and the Rule of Law" (September
29th, 1998 -- October 2nd, 1998) which was jointly held with the
cooperation of the General Directorate for Legal Cooperation of the
Agency for Francophony, the Ministry of Foreign Affairs, and the
Ministry of Justice and Law Euro-integration.
A number of mediators and ombudsmen took part in the seminar:
Mr. Yves Monet of Belgium; Mr. Bernard Stasie of France; Mr. Daniel
Jacquobie of Quebec, Canada; and Gen. Tiemoko Mark Garango of
Burkina Faso. They presented explanations of their functions and
the circumstances under which their offices were established.
Reports were made on the status of events in Bulgaria, Moldova and
Romania in which problems were outlined and possible solutions
offered. The seminar was attended by representatives of major
Bulgarian institutions - the Parliament, the Ministry of Foreign
Affairs, the Ministry of Justice and Law Euro-integration, the
Constitutional Court - who will be directly involved in the
establishment of the Bulgarian national mediator/ombudsman. The
views of the working group of experts for CSD's Law Program were
presented, too, on the researched possibilities for instituting a
mediator/ombudsman in Bulgaria.
This meeting was relevant and beneficial, fitting well in the
framework of Bulgarian efforts to draft a law on the instituting of
an ombudsman. As intended by its theme, the forum provided an
opportunity to assess the variety of constantly developing
experience and forms of mediation and the various aspects of 'the
rule of law.' The professionalism of the expert participants
allowed for very productive discussions and the pooling of
information both on the role of the mediator/ombudsman and on the
specifics of founding such an institution. Extensive foreign
participation enriched the international cooperation of many
European mediation institutions.
The seminar is an element of the Hanoi action plan and the
effectuating of the mobilization program "Horizons of Freedom,
Democracy and Development," and more specifically the training
program launched by the General Directorate for Legal Cooperation
with the Agency for Francophony in accord with the Action Plan of
the Third Conference of the Ministers of Justice of the Countries
of the Francophony (Cairo, October 29th, 1995 -- November 1st,
1995) which is concerned with activities to promote judicial and
non-judicial institutionalization in defense of rule-of-law and
human rights.
Recognizing the necessity of "independent, accessible and
efficient justice," the Action Plan emphasizes non-judicial
mechanisms: "Legal mechanisms can lead, in their strictness, to
decisions which are too harsh or incongruous because they do not
sufficiently take into account important features of reality. This
is why it is desirable for there to be other more informal and
flexible procedures apart from judicial ones."
The Second Congress of Ombudsmen and Mediators from
Francophone Countries (Quebec, June 1997), attended by
representatives of 15 Francophone countries, resulted in the
decision to establish a sustainable association of the intermediary
institutions. In October of the same year was founded the
Association of Ombudsmen and Mediators of the Francophony
(AOMF). The Association is aimed at enhancing supportive
cooperation among existing mediators/ombudsmen as well as promoting
new active ombudsmen.
In practice there are no universally true solutions. To be
awarded membership in AOMF an institution must exercise "the
function of intermediary/mediator, ombudsman, human rights
commissioner or the equivalent of that; whose purpose is to correct
and prevent injustice done to citizens by public administrative
authorities." Necessary criteria for that are "the
institution must have an act of constitution or other legal
approval; mediator's status must be independent of executive power
and administration; the ombudsman shall act authorized under a
mandate limited in time in the course of which it is
irreplaceable." Specific developments and differences are
acceptable. In each country the mediator institution should fit
into the environment of the other national institutions.
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