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Second Local Ombudsman Round Table: The Institution Local Public Mediator: Mechanism for Human Rights Protection and Curbing Corruption
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March 12, 2004
Center for the Study of Democracy
Summary of the discussion
The discussion was opened by the Director of the CSD Law Program Dr. Maria Yordanova, who presented the process of establishing of the local ombudsman type institutions and developing the legal framework in Bulgaria in the recent years as well as the active participation of civil society in that process.
 The experience of former public mediators having acted in different municipalities was introduced and discussed by the Chair of the Bulgarian Association of Fair Elections and Human Rights – Razgrad Club Mr. Georgi Milkov, who acquainted the participants with the experience of ombudsman type institutions in the municipalities of Zavet, Loznitsa and Razgrad andMs. Antoaneta Tzoneva, former Civic Mediator of Sofia Municipality.
 They both shared their experience on the difficulties met and the ways they had been overcome, on both the successes and failures in the activities of the local ombudsman type institutions and the legislative, institutional and political reasons for them. The speakers underlined the great role of the non-governmental organizations, which were the first to initiate the establishment of such institutions. Ms. Tzoneva made a brief review of the already adopted legal framework of the ombudsman institution on both national and local level commenting that it is scarce and inadequate as regards the local public mediators. She pointed out the total lack of provisions on the correlation between the future national ombudsman and local public mediators.
The Chair of the Bulgarian Youth Legion Stefan Stambolov – Smolyan, Mr. Deyan Ashkov and Mr. Vesko Donchev, Chair of the Municipal Council of the Banite Municipality stressed on the particularities of the work of the local administration and its specific problems. They shared their convictions that the institution of the local public mediator shall be established in as many municipalities as possible not sporadically but on a firm and steady basis.
The participants in the discussion presented the initiatives for establishment of the institution of the local public mediator in several municipalities after the 2003 amendments of the Law on the Local Self- Government and Local Administration.
 Ms. Maria Marinkova, Municipal Councilor from Batak, outlined the great support, received by the CSD and Coalition 2000 for raising the public awareness in Batak and stimulating civil initiatives and public support for the creation of such institution and announced that the first Public Mediator of the Municipality of Batak is to be elected before the end of March 2004.
The Chair of the Egid Foundation – Gotse Delchev Mr. Krassimir Somlev reported the initiatives for establishing local public mediators in the region, especially in the municipality of Hadjidimovo and explained that within two months such institution would begin operating in several municipalities.
 The Chair of the Municipal Council of Velingrad Mr. Nedjet Kehaiov acquainted the participants with the currently running procedure and criteria for election of the future local public mediator of Velingrad Municipality and shared his opinion that the institution will play a significant role in curbing corruption in the municipality.
Mr. Georgi Milkov informed the participants that next week the Municipal Council of Razgrad will adopt Rules on the organization and activities of the Local Public Mediator and the election of one will soon take place. He underlined that the public debate on different aspects of the organization and functions of the institution shall continue in order to generate useful ideas and experience to overcome the scanty legislative framework.
Ms. Nina Pavlova, Chair of the Managing Board of the Future for All Association, spoke on the expected election of a Local public mediator in the municipality of Botevgrad before the end of March.
The Public Mediator of Nedelino Municipality Mr. Emil Kostov presented his work and the specific problems arising in it connected with the particularities of the region and once again underlined the important role played by the NGO sector for popularizing the institution and making easier its establishment in different municipalities.
In the course of the discussion the topic on the specialized ombudsmen was raised and several examples of such institutions were presented.
Dr. Velina Trifonova, Project Coordinator of the pilot project Ombudsman in Health Care, implemented in the Municipality of Yambol, presented the Ombudsman’s work which provide the citizens with the opportunity to receive specialist counseling on urgent health issues, to register their claims and seek better protection of their health rights.
 Ms. Nadezhda Mahmudieva from the Bulgarian Association for Out-of-Court Dispute Resolution – Plovdiv acquainted the participants with the Association’s project for establishment of school mediators as a possibility for resolution of conflicts in the sphere of secondary education in the city of Plovdiv.
 Lieutenant-Colonel Vasil Stefanov from the General Staff of the Bulgarian Armed Forces shared that in the Bulgarian armed forces there exist institutions similar to the ombudsman which play the role of a mediator between the soldiers and the senior staff and concluded that these institutions, called “soldiers’ speakers” can become a good foundation for establishment of ombudsman type institution within the armed forces.
 The Chair of the Parliamentary Combating Corruption Committee Mr. Kosta Kostov presented the activity of the Committee and outlined the common principles and objectives with the functions of the ombudsman type institutions pointing out that such institutions could become a very efficient tool for curbing corruption but the its legal framework needs to be improved in order to guarantee the independence and stability of the institution.
Mr. Dimitar Markov, Project Coordinator at the CSD Law Program presented the Ombudsman Information Network and asked the participants to feel free to send any relevant information in order to make the Network a widely used and really efficient tool for exchanging information and experience related to the ombudsman type institutions and providing opportunities for online dialogue and consultations.
  The discussion concentrated also on variety of practical problems and proposals for their solution raised by the participants such as the independence and financing of the institution, the establishment of cooperation with separate municipal services in order to achieve better results, the importance of the personal qualities of the office-holder to be elected, etc. | |
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