The Civil Liberties Union for Europe in favour that the Ombudsman in Malta becomes NHRI

The Civil Liberties Union for Europe in favour that the Ombudsman in Malta becomes NHRI

Published March 17, 2025

The Civil Liberties Union for Europe has issued its sixth annual Liberties Rule of Law Report 2025, highlighting key concerns regarding the rule of law across the European Union. One of the report’s significant observations is the continued absence of a National Human Rights Institution (NHRI) in Malta, making it one of the few remaining EU countries without such an institution, alongside Italy and the Czech Republic.

The report underscores the importance of establishing NHRIs in accordance with the Paris Principles, a framework endorsed by the United Nations General Assembly in 1993, which outlines the essential criteria for independent and effective human rights institutions. These principles emphasise the need for institutional independence, pluralism, and a broad mandate to promote and protect human rights.

In its recommendations to strengthen the system of checks and balances in Malta, the Liberties Rule of Law Report 2025 states: “Extend the Ombudsman’s office to include a National Human Rights Institution, taking into account the UN Paris Principles.”

The Office of the Ombudsman’s advocacy for an NHRI

The Office of the Ombudsman has been actively advocating for the establishment of an NHRI in Malta. The Ombudsman has proposed a practical solution, drawing on European best practices, where the remit of the Ombudsman’s Office is expanded to cover the promotion and protection of human rights.

On 19 November 2024, the Ombudsman presented a new Ombudsman Bill to the Government, outlining a comprehensive and resource-efficient approach to establishing an NHRI by leveraging the existing institutional framework of the Ombudsman. This proposal aligns with models adopted in various European countries, where the Ombudsman institution also serves as an NHRI, providing an alternative avenue for individuals seeking justice outside of the court system.

Reaffirming the call for action

The Office of the Ombudsman welcomes the recommendation put forward by the Civil Liberties Union for Europe, which aligns with its long-standing position. Rather than creating a separate institution, the Office of the Ombudsman is well-equipped to serve as Malta’s NHRI, ensuring that individuals have access to an independent and effective mechanism to safeguard their human rights.

This recommendation also reinforces the principles set out in the UN General Assembly resolution adopted on 17 December 2024, which acknowledges the critical role of Ombudsman institutions, particularly those that also serve as NHRIs, in promoting and protecting human rights, good governance, and the rule of law.

As Malta continues to deliberate on this matter, the Ombudsman reiterates the importance of adopting an inclusive and accessible framework for human rights protection, ensuring that all individuals have the means to seek justice and uphold their fundamental freedoms.