Chapter 8
Ombudsmen—200 years of service
Spreading around the world
It was more than a century before the next ombudsman institution was created. Finland had been part of Sweden for around seven centuries, until it was ceded to Russia in 1809 following the Napoleonic Wars. In December 1917 the Finnish Parliament declared independence and, following a civil war, a new constitution was adopted in 1919. The constitution provided for the Parliament to elect an ombudsman, who also had jurisdiction over civilian and military authorities. The first Finnish Ombudsman, Mr Erik Elopaeus, commenced work in early 1920.
Events surrounding World War II provided the impetus for the much wider adoption of ombudsman functions in countries around the world.
Internationally there was a greater focus on the protection of human rights and freedoms following the depredations of World War II. At the same time the growth of the welfare state models in many countries meant government activities expanded in the social and economic fields, and reached into citizens' daily lives in new ways. This led to an increased desire to protect citizens from failings and maladministration of the bureaucracy, beyond what was offered through court processes. Finally, the move towards independence and democracy in many countries provided the opportunity to consider alternative forms of government that included systems of protections for citizens.
Denmark became the third country to implement a broad ombudsman system. Immediately after World War II a Constitutional Commission was appointed to draft a new constitution. The commission reported in 1953 and proposed that parliament elect one or two independent people to supervise civilian and military administration. The new constitution took effect that year and the first Ombudsman, Prof. Stephan Hurwitz, was appointed in 1955. Prof. Hurwitz soon began to write and lecture widely in English about his office, and is credited by many for popularising the idea of an ombudsman function outside Scandinavia.
The last of the Scandinavian countries, Norway, created an Ombudsman for military affairs in 1952. An Ombudsman for civil affairs, elected by the Norwegian Parliament, took office in 1963.
New Zealand became the first English–speaking country, and the first outside Scandinavia, to set up an ombudsman office. The ombudsman institution was established in New Zealand in 1962 with the appointment of Sir Guy Powles. Sir Guy served as Ombudsman until 1975 and then, following legislative changes, as Chief Ombudsman until 1977.
Countries in Africa and Central and South America also started to establish ombudsman offices, often as part of gaining independence from colonial powers.
In Africa, Tanzania established an ombudsman function in 1965, shortly after its creation as a separate, independent nation in 1964. Other African countries to establish ombudsman functions included Benin, Cameroon, Gabon, Ghana, Mauritius, Namibia, Nigeria, Rwanda, Senegal, Sudan, Togo, Uganda, Zaire (now Democratic Republic of Congo), Zambia and Zimbabwe.
In the Americas, Guyana became independent from the United Kingdom in 1966, and established an ombudsman function at the same time. Other countries that followed included Argentina, Barbados, Colombia, Costa Rica, El Salvador, Guatemala, Jamaica, Mexico, Peru, Puerto Rica, and Trinidad and Tobago.
The long–established democracies of Canada and the United States of America (US) did not adopt the model of an ombudsman at the national level (except for some specific functions such as an ombudsman for languages and an ombudsman for correctional facilities in Canada).
The first Ombudsman in Canada was appointed in the province of Alberta in 1967, followed less than two months later by New Brunswick. By 1981 all but one Canadian province had an ombudsman.
Hawaii was the first of the US states to establish an ombudsman office. Legislation was passed in 1967 and the first Ombudsman appointed in 1969. A number of other states have followed this lead.
The concept of an ombudsman has been adopted widely in the countries of the Pacific. The Cook Islands, which had been a protectorate of New Zealand, established an ombudsman institution in 1965 when it became self–governing. Fiji appointed its first Ombudsman in 1972 following independence in 1970, and Papua New Guinea in 1975 when it became independent. Samoa, Solomon Islands, Tonga and Vanuatu also have Ombudsman offices. Many of the smaller Pacific nations—Federated States of Micronesia, Kiribati, Nauru, Niue, Palau, Republic of the Marshall Islands and Tuvalu—have joined the Pacific Ombudsman Alliance and are exploring options for an ombudsman function.
The first Ombudsman in the United Kingdom, the Parliamentary Commissioner for Administration (now the Parliamentary and Health Services Ombudsman), was appointed in 1967. Many specialist ombudsman offices have since been established, including the Local Government Ombudsman, Energy Ombudsman, Pensions Ombudsman and Prisons and Probation Ombudsman.
Other non–Scandinavian European countries also established ombudsman positions: for example, France in 1973; Spain in 1975 following the end of the Franco dictatorship; Portugal in 1976 following its transition to democracy; Austria in 1977; Ireland in 1980 (although the first Ombudsman did not take office until 1984); and the Netherlands in 1981. In some European countries the ombudsman office was created at the provincial or regional level rather than at a national level, reflecting the nature of government administration. In Italy, for example, the first ombudsman office was created in the region of Tuscany in 1974; in Switzerland, the Canton of Zurich established an ombudsman function in 1977.
A European Ombudsman was established in 1995 to investigate complaints about maladministration in the institutions and bodies of the European Union. The Ombudsman is elected by the European Parliament.
In Asia, the first Indian Ombudsman, at the state level, was appointed in Maharashtra in 1972. National ombudsman offices have been established in countries including Hong Kong, Indonesia, Korea, Macau, Pakistan, the Philippines, Sri Lanka, Taiwan and Thailand.
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