Comparative Constitutionalism and Good Governance in the Commonwealth Book contents
- Frontmatter
- Contents
- Preface
- List of cases
- List of constitutions
- List of statutes
- List of other instruments
- Map
- Introduction
- 1 The democratic state in Africa: setting the scene
- 2 Constitutions and the search for a viable political order
- 3 Devising popular and durable national constitutions: the new constitutions of the 1990s
- 4 Perfecting imperfections: amending a constitution
- 5 Presidentialism and restraints upon executive power
- 6 Enhancing access to the political system
- 7 Making legislatures effective
- 8 The judiciary and the protection of constitutional rights
- 9 The devolution of power to local communities
- 10 Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman
- 11 Seeking constitutional control of the military
- 12 Constitutionalism and emergency powers
- 13 Constitutional governance: the lessons from southern and eastern experience
- Bibliography
- Index
10 - Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman
Published online by Cambridge University Press: 23 June 2009
- Frontmatter
- Contents
- Preface
- List of cases
- List of constitutions
- List of statutes
- List of other instruments
- Map
- Introduction
- 1 The democratic state in Africa: setting the scene
- 2 Constitutions and the search for a viable political order
- 3 Devising popular and durable national constitutions: the new constitutions of the 1990s
- 4 Perfecting imperfections: amending a constitution
- 5 Presidentialism and restraints upon executive power
- 6 Enhancing access to the political system
- 7 Making legislatures effective
- 8 The judiciary and the protection of constitutional rights
- 9 The devolution of power to local communities
- 10 Developing autochthonous oversight bodies: human rights commissions and offices of the ombudsman
- 11 Seeking constitutional control of the military
- 12 Constitutionalism and emergency powers
- 13 Constitutional governance: the lessons from southern and eastern experience
- Bibliography
- Index
Summary
Introduction
In the Harare Commonwealth Declaration, Commonwealth Heads of Government recognised that developing appropriate ‘institutional structures which reflect national circumstances’ is a key element for promoting and protecting human rights, good governance and the rule of law. This reflects Nwabueze's warning that a major cause of the failure of constitutional government in Africa is the lack of understanding and acceptance of its principles and institutions by the populace. Institutions do not have an independent existence but survive only if they are capable of serving their society in a meaningful fashion. Therefore states must develop autochthonous oversight bodies designed to provide in practice meaningful protection to those seeking administrative justice and/or the enjoyment of their constitutional rights.
This chapter examines the organisation, functions and powers of two of the main oversight bodies, i.e. offices of the ombudsman and human rights commissions (collectively referred to as national institutions) and assesses their contribution towards furthering the aims of the Harare Commonwealth Declaration. A separate note on anti-corruption commissions is also included.
Offices of the ombudsman
The 1974 resolution of the International Bar Association sets out concisely the traditional functions of an ombudsman:
An office provided for by the constitution or by action of the legislature or parliament and headed by an independent high-level public official who is responsible to the legislature or parliament, who receives complaints from aggrieved persons [alleging maladministration] against government agencies, officials and employees or who acts on his/her own motion, and who has the power to investigate, recommend corrective action and issue reports.
- Type
- Chapter
- Information
- Comparative Constitutionalism and Good Governance in the CommonwealthAn Eastern and Southern African Perspective, pp. 208 - 239Publisher: Cambridge University PressPrint publication year: 2004