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Speech
delivered by the Danish
Parliamentary Ombudsman, Mr. Hans
Gammeltoft-Hansens, at the Intenational Conference on the
ocassion of the 10th Anniversary of the establishment of the
Institution of the People's Advocate in Albania
Tirana,
December 10, 2009
Your
Excellencies, dear colleagues, dear Ermir Dobjani and staff at
the Avokati i Popullit,
I
am honoured to have been invited to say a few words about the
cooperation between Albania and Denmark with regard to the
introduction and establishment of the ombudsman institution in
Albania.
For
me, this is a very special day. Please allow me, first of all,
to congratulate everybody who have been responsible for and
involved in introducing and establishing the Ombudsman office in
Albania.
In
this forum today, we all remember the difficulties for Albania,
especially in 1997, and we all acknowledge the complexity of the
problems at that time, linked as it was to the transformation of
Albanian society and its administrative structures.
The
fact that also the ombudsman institution became a part of
Albania’s new social structure is probably, yet again as so
often seen before, due to a combination of various national and
international influences and circumstances and, not least, to
the simultaneously presence of the right combination of
individuals at various levels.
The
aforementioned combination of circumstances and individuals were
present in Albania after 1997, and as an introductory remark I
think it is fair to say that the history of the Advokati i
Popullit contains a multitude of positive lessons learnt and –
more importantly − much encouragement for donors,
Governments and Ombudsmen colleagues to continue disseminating
the ombudsman idea.
The
problems that followed in the wake of the proposal to establish
an ombudsman institution were not specific to Albania. Some
issues seem to pop up wherever you look at the ombudsman concept
and its history of implementation: ensuring the ombudsman’s
independence from and relationship with the political level, the
relation to the judiciary and to the executive and especially
the work of the ombudsman to change or amend the administrative
norms, traditions and ethics.
The
fact that solutions and various modus operandi differ from
country to country is really not that unusual when you take the
different national historic contexts and administrative and
legislative traditions into account. And on this background, it
is really remarkable how often ombudsman offices run into the
same set of problems.
The
fellowship among ombudsman offices of fundamental challenges
also explains why twinning projects in this specific area of
cooperation are viable and well-established.
Although
the expression itself was relatively new and almost unknown to
us, the cooperation between the Albanian and the Danish
Ombudsman could be described as a twinning project. It cannot,
and shall not, be denied that twinning projects may be wrecked
on various rocks and reefs, and I would not even on this festive
occasion dare to give the impression that the Albanian-Danish
cooperation was fair-weather sailing all the way.
And
yet, in my eyes the cooperation was a quite successful process
during which we from Denmark gained an exceedingly valuable
experience, partly on how a cooperation process may be
organised, partly on the necessary conditions for its success,
and not the least that the mandates of the institutions involved
do not at all have to be identical in order to achieve a
successful cooperation; and finally, we learned quite a bit
about our own institution and our limitations.
Experiencing
the Albanian decision to implement the Avokati i Popullit and
meeting the individuals who laboured for the idea and the newly
established institution taught us a lot about commitment and
dedication to an idea and a concept so well established in our
own society. A democratic institution such as the ombudsman
office needs support and attention but also independence from
the political hierarchy and it has a great need for a personal
commitment from its Ombudsman and his or her staff. In Tirana we
met a leader and a staff who strongly believed in the
institution’s ideas and were willing to work very hard indeed
to gain a permanent foothold in Albanian society.
Looking
back at the cooperation with Albania on the establishment of the
Avokati i Popullit, we from the Danish Ombudsman Office met two
stakeholders who stood out as essential in making it possible
for the Danish Ombudsman to enter into the cooperative scheme
with the Avokati i Popullit at all.
These
two stakeholders were Danida and the Royal Danish Embassy here
in Tirana which, on top of setting aside one million dollars for
the cooperative project, supplied committed and enthusiastic
staff members – and here today, I would particularly like to
mention the then Programme Coordinator for Danida in Tirana, Søren
Knudsen.
Without
these resources, and especially without this support, the
cooperation between the Albanian and the Danish ombudsman
offices would probably never have resulted in very much of any
practical use!
In
Albania a group of representatives from domestic and
international organizations, institutions and donors
met informally on a number of occasions to discuss and plan for
the coming implementation of the ombudsman idea in Tirana. In
this group we saw among others representatives from the
Peoples’ Advocate, the respective embassies of the United
States and Denmark, the Tirana Legal Aid Clinic, the OSCE and
the Albanian Centre for Human Rights
This
group of friends supporting the Albanian Ombudsman developed
into a very important forum and an instrument for the
consolidation of the institution in the Albanian social
structure.
So
when the Danish ombudsman institution became a partner in the
cooperative effort, a solid foundation had already been
established, both nationally and internationally, for the idea
of introducing an ombudsman institution in Albania. The will to
procure the necessary financial support was there, and the
ground at the political and administrative level had been
prepared.
The
interests of the involved donors and parties in a cooperation of
the sort taking place in Tirana between Albania and Denmark are
not always quite identical; and sometimes discussions may arise
on how and when a close cooperation and support should start to
be transformed into an always available access to communication
and exchange of knowledge.
Dear
Ermir Dobjani, you
and I have often joked about how we would describe our
cooperation and relationship. If my memory serves me right, you
started this whole battle of words by using the analogy of Father and Son – meaning a relatively old ombudsman office working
with a new ombudsman office.
For many obvious reasons I protested against this analogy,
and I think we ended the argument so far sometime in 2006 by
introducing the Uncle and Nephew analogy. To me, our debate on how to describe the
relationship between us and our offices represents more than a
dispute on words, and on a day like this, I hope you will all
excuse me for using the opportunity of having the floor to once
and for all have it my way and describe the relationship between
the Avokati i Popullit and the Danish Ombudsman as a
relationship between Brothers
or Peers!
I
have been given a time limit of 10 minutes for my speech and I
intend to keep it, but before handing over the microphone to the
next speaker, I would like, with all my very best wishes for the
future, to take the opportunity to congratulate you and Albania
most heartily on this anniversary.
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