THE INSTITUTION OF THE OMBUDSMAN

ORIGIN:

In 1809 the institution of Ombudsman was born in Sweden where the Ombudsman was appointed by Parliament. The institution was charged with safeguarding the rights of its citizens by examining citizens’ complaints and to work in close contact with the highest authority in the land.

Countries in all parts of the world have followed the example of the Scandinavian model, even calling the new institution by the same name, Ombudsman. Some Spanish countries refer to the institution as “Defonsor del Pueblo”, the French as “Médiateur de la République”, and others refer to the institution as the “Public Protector”. An added dimension to the institution as it evolves is one of Human Rights Commission.

Establishment

The Kingdom of the Netherlands: The Institution was established in the Netherlands in 1982 with a National Ombudsman, followed by the appointment in 1987 of an Ombudsman of Amsterdam; in 2003 an Ombudsman was appointed on Curaçao, and per October 10th 2010 the Ombudsman of Sint Maarten was appointed.

The Ombudsman Sint Maarten was founded on October 10th, 2010 by National Ordinance Ombudsman (AB 2010 no.20). As one of the High Councils of State its legal origin is founded in the Constitution of Sint Maarten (article 78) and as such its independence is safeguarded. The first Ombudsman of Sint Maarten was Dr. Rachnilda (Nilda) J.A. Arduin.

In 1978 the International Ombudsman Institute was established, an established, and in 2002 the Caribbean Ombudsman formed the Caribbean Omb Ombudsman Association. The Ombudsman of Sint Maarten is a member Sint Maarten is a member of both organizations. In 2012 the Ombudsman of Sint Maarten was elected to be one of the regional directors of the International Ombudsman Institute, representing the Latin and Caribbean region on the Board.

Private companies, universities and non-profit organizations in other countries also have ombudsman offices to deal with internal complaints; these report to the CEO or board of directors, whereas an ombudsman who deals with complaints against government bodies or entities charged with public authority, in general reports to the Parliament of the country.

ORDINANCES GOVERNING THE TASKS AND COMPETENCES OF THE OMBUDSMAN:

THE CONSTITUTION OF SINT MAARTEN (AB 2010 NO. L);

THE NATIONAL ORDINANCE OMBUDSMAN (AB 2010 NO. 20);

THE NATIONAL ORDINANCE CONSTITUTIONAL COURT (AB 2010 NO.29)