OSCE/ODIHR Opinion on the Law of the Republic of Lithuania on the Seimas
Ombudsmen
I.
INTRODUCTION
1.
On 20 July 2011, the Vice-Minister of Foreign Affairs of the Republic of Lithuania
sent a letter to the Director of the OSCE/ODIHR asking for a review of the current
Law of the Republic of Lithuania on the Seimas Ombudsmen1 (hereinafter “the
Law”). In his letter, the Vice-Minister stated that in order to ensure compatibility
with the United Nations Principles relating to the status of national institutions
(hereinafter “the Paris Principles”)2, the Government of Lithuania is considering to
establish an independent National Human Rights Institution, possibly in the form of a
Parliamentary Ombudsman. For this purpose, the Seimas Human Rights Committee
will set up a working group.
2.
This Opinion has been prepared in response to this request, which specifically asked
ODIHR to assess the Law’s compatibility with the Paris Principles and make
recommendations that would be useful to the Government in setting up a National
Human Rights Institution.
II.
SCOPE OF REVIEW
3.
The scope of the Opinion covers only the above-mentioned Law, which was
submitted for review, while taking into account relevant provisions of the
Constitution of Lithuania3. The Opinion does not constitute a full and comprehensive
review of the question of human rights protection through the Seimas Ombudsmen
(hereinafter “the Ombudsmen”) in light of all available framework legislation
governing the issue in the Republic of Lithuania. The ensuing recommendations are
based on international standards and practices governing National Human Rights
Institutions (hereinafter “NHRIs”), as found in the Paris Principles4 and the General
Observations of the Sub-Committee on Accreditation of the International
Coordination Committee of National Institutions (see par 11 infra) which has
developed the Paris Principles further, as well as OSCE Commitments. Furthermore,
the Opinion will be grounded on the basic rule of law principles of legality,
transparency and foreseeability of laws.
4.
The Opinion is based on an official translation of the Law. Errors from translation
may nevertheless result.
5.
In view of the above, the OSCE/ODIHR would like to make mention that this
Opinion is without prejudice to any written or oral recommendations and comments
to the Law and related legislation that the OSCE/ODIHR may make in the future.
1
Republic of Lithuania Law on the Seimas Ombudsmen, no. VIII-950, adopted on 3 December 1998, last
amended on 13 May 2010 by Law no. XI-808.
2
Defined at the first International Workshop on National Institutions for the Promotion and Protection of
Human Rights in Paris 7-9 October 1991, adopted by Human Rights Commission Resolution 1992/54, 1992 and
General Assembly Resolution 48/134, 1993.
3
The Constitution of the Republic of Lithuania, adopted by the citizens of Lithuania per referendum of 25
October 1992.
4
Op cit. note 2.
3