The Ombudsman has published proposed amendments to the Act that regulates his office after receiving no feedback from the government.

The proposed Act would establish the Ombudsman's Office as Malta's National Human Rights Institution (NHRI) in accordance with the Paris Principles of the United Nations. 

Malta is "one of very few EU member states" that has not yet established an NHRI, with the Office of the Ombudsman continuously urging its appointment as the NHRI for Malta by extending its remit to include a broader human rights mandate. 

In many EU states, the functions of NHRIs are part and parcel of the Office of the Ombudsman, the Ombudsman noted in a statement. It has been factually proven that when one office deals with grievances on matters of maladministration by the public service and public administration, and issues that affect human rights and fundamental freedoms, such matters can be better addressed and acted upon, he added.

The Ombudsman recently commissioned legal experts to conduct a detailed analysis and propose amendments to the Ombudsman Act, with suggestions going through a thorough internal discussion.

The Office then decided to replace the current Act with a fully-fledged Bill rather than introduce piecemeal amendments to existing legislation.

In November the office submitted to the government a new Ombudsman Bill - as an attempt to be proactive and to ensure Malta finally has an NHRI. 

But it has not yet received feedback about its proposal. 

The Ombudsman believes the new Bill represents a practical, resource-efficient solution for establishing an NHRI in Malta.

"By broadening the existing framework of the Office of the Ombudsman, the proposed legislation aims to ensure compliance with the Paris Principles while addressing Malta’s pressing need for a robust and independent NHRI.

"This proactive initiative reflects our commitment to safeguarding and promoting fundamental human rights and freedoms in Malta," the Ombudsman said in a report 

Key proposed amendments:

• Introduction of a broad human rights mandate, including specific functions to protect and promote human rights through awareness-raising, education, advising on national legislation, and reporting on the national human rights situation
• Inclusion of a comprehensive definition of human rights, encompassing rights set out in international, regional, and domestic instruments, as well as those recognised by national and international courts
• Strengthening the mandate of the Ombudsman Institution to follow up on recommendations made to national authorities
• Reinforcing the Ombudsman’s independence by explicitly stating that the Ombudsman shall not be subject to direction from any other person or authority.