Enabling Legislation for
the World Ombudsmus
Short Title: Ombudsmus Act
Adopted 12 April 2006 at
ninth session of the
provisional World Parliament
The Constitution for the Federation of Earth establishes a new world order in which human rights and human dignity are the foundation of a world of peace, prosperity, and justice,
The Constitution (Article 11) establishes the World Ombudsmus as an independent branch of government to be solely concerned with protection of the human rights of all persons and groups within the Earth Federation,
The world today requires assurance that the emerging Earth Federation will enhance and protect the human dignity and human rights of every citizen on Earth,
The extent to which human rights and dignity are violated in the present world order cries out for a major effort and organization on behalf of the Earth Federation to address inequities, violations, and suffering as rapidly and as efficiently as possible,
The Constitution for the Federation of Earth states the following as “Functions and Powers of the World Ombudsmus”:
“1. To protect the People of Earth and all individuals against violations or neglect of universal human and civil rights which are stipulated in Article 12 and other sections of this World Constitution.
2. To protect the People of Earth against violations of this World Constitution by any official or agency of the World Government, including both elected and appointed officials or public employees regardless of organ, department, office, agency or rank.
3. To press for the implementation of the Directive Principles for the World Government as defined in Article 13 of this World Constitution.
4. To promote the welfare of the people of Earth by seeking to assure that conditions of social justice and of minimizing disparities are achieved in the implementation and administration of world legislation and world law.
5. To keep on the alert for perils to humanity arising from technological innovations, environmental disruptions and other diverse sources, and to launch initiatives for correction or prevention of such perils.
6. To ascertain that the administration of otherwise proper laws, ordinances and procedures of the World Government do not result in unforeseen injustices or inequities, or become stultified in bureaucracy or the details of administration.
7. To receive and hear complaints, grievances or requests for aid from any person, group, organization, association, body politic or agency concerning any matter which comes within the purview of the World Ombudsmus.
8. To request the Office of World Attorneys General or any Regional World Attorney to initiate legal actions or court proceedings whenever and wherever considered necessary or desirable in the view of the World Ombudsmus.
9. To directly initiate legal actions and court proceedings whenever the World Ombudsmus deems necessary.
10. To review the functioning of the departments, bureaus, offices, commissions, institutes, organs and agencies of the World Government to ascertain whether the procedures of the World government are adequately fulfilling their purposes and serving the welfare of humanity in optimum fashion, and to make recommendations for improvements.
11. To present an annual report to the World Parliament and to the Presidium on the activities of the World Ombudsmus, together with any recommendations for legislative measures to improve the functioning of the World Government for the purpose of better serving the welfare of the People of Earth.”
Therefore, this ninth session of the provisional World Parliament hereby adopts this World Legislative Act to inaugurate the World Ombudsmus
1) In the first operative stage of World Government, the World Parliament shall make every effort to fund the Offices of the World Ombudsmus commensurate with the very large, global extent of its responsibilities. The World Ombudsmus is hereby empowered to hire lawyers, human rights advocates, investigators, environmental experts, social scientists, natural scientists and any others whose expertise will serve the cause of protecting human political rights stated in Article 12 of the Constitution and protecting the social, economic, and environmental rights stated in Article 13.
2) Immediately after the First Operative Stage of World Government is reached, the office of the World Ombudsmus shall develop a detailed proposal for the World Parliament on how to accomplish its work and what funding and legislative requirements are necessary for this.
3) The UN High Commissioner for Human Rights, currently and at the time of the first operative stage of world government under the Constitution will be one of the candidates nominated for the Council of World Ombudsen. Even if the High Commissioner is not elected by Parliament to the Council of Five Ombudsmen, the UN Agency for Human Rights shall be incorporated into the Offices of the World Ombudsmus, to be worked out between the Council of Ombudsen and the United Nations. To qualify for the post, the UN High Commissioner shall make a pledge of affirmation to the Earth Constitution. Without the pledge, the UN High Commissioner may serve only as UN High Commissioner Advisor to the Council on World Ombudsen.
4) Protection of human rights is also a responsibility of the World Police. The function of the civilian world police will be to enforce world federal law and the Constitution which is the supreme law of the Earth Federation. Another function of the World Police will be “conflict resolution” (Article 10, Secion B-8-e). Both these functions overlap with the functions of the World Ombudsmus. In addition, Article 10, Section D, number 3 and four specifies this close relationship. The world police are charged:
“To cope with situations of potential or actual riots, insurrection and resort to armed violence, particular strategies and methods shall be developed by the World Parliament and by the Office of World Attorneys General in consultation with the Commission of Regional World Attorneys, the collegium of World Judges, the Presidium, and the World Ombudsmus. Such strategies and methods shall require enabling legislation by the World Parliament where required in addition to the specific provisions of this World Constitution.
A basic condition for preventing outbreaks of violence which the Enforcement System shall facilitate in every way possible, shall be to assure a fair hearing under non-violent circumstances for any person or group having a grievance, and likewise to assure a fair opportunity for a just settlement of any grievance with due regard for the rights and welfare of all concerned.”
The overlap of functions between the Ombudsmus and the World Police is also recognized in Article 11, Section B-5:
“The Council of World Ombudsmen shall establish twenty regional offices, in addition to the principal world office at the primary seat of the World Government. The twenty regional offices of the World Ombudsmus shall parallel the organization of the twenty Offices of Regional World Attorney.”
In the light of these overlaps, the World Ombusmus will (1) establish the means for close communication with the World Attorneys Generals offices and the World Police. The World Ombudsmus will work with the police in the process of conflict resolution among disputes worldwide. This coordination may be as an observer to the process or more active collaboration by arrangement with the World Police. It is important to recognize that the Ombudsmus is not the same as the Enforcement System of the Earth Federation. In spite of working together, the respective officials shall maintain proper division of powers. Part of Ombudsmus responsibility is to publicly observe the operations and procedures of the World Police to ensure human rights are protected and not violated.
5) Under the Constitution, freedom of information to the World Ombudsmus and well as to citizens of the Earth Federation is assured (Article 12, numbers 3 and 8, Article 13, number 3). The following shall grant access to the World Ombudsmus regarding information on their respective offices and activities:
5.1 World Attorneys General;
5.2 World Police;
5.3 the World Executive;
5.4 the Integrative Complex;
5.5 the World Administration; and
5.6 the World Judiciary.
World Ombudmus has access to information of the activities of the primary branches of the Earth Federation. Exceptions to this rule will be rare and only in cases where the World Police are engaged in especially dangerous or sensitive undercover investigations. Even in the cases of dangerous or undercover investigations, the offices of the World Ombudsmus that work with the World Courts may request a court subpoena to provide such information and needed to ensure the human rights of all persons involved.
6) The provisional World Parliament recognizes that the Second and Final operative stages of the Earth Federation may occur rapidly as the world recognizes the truly transformative nature of the Earth Federation. As soon as feasible, the World Ombudsmus shall operate offices in relation to the other three main branches of the Earth Federation.
6.1 In liaison with the World Judiciary, the World Ombudsmus shall operate offices connected with the following benches of the World Supreme Court: the Bench for Human Rights, the Bench for Constitutional Cases, the Bench for International Conflicts, and the Appellate Bench. These offices shall not only monitor proceedings of the courts but make, when necessary Amicus briefs to the court. These offices shall gather information necessary to introduce possible legislation into the World Parliament. These offices shall contribute in preparing the annual report of the World Ombudsmus to the World Parliament. The Ombudsmus shall operate five liaison offices to the Bench for Human Rights, to correspond with the five seats of the Human Rights Bench.
6.2 In liaison with the World Executive, World Administration, and Integrative Complex, the World Ombudsmus shall operate offices connected directly with the Presidium with whom the Ombudsmus shall work as advisor and co-promoter of a decent world order as specified in Articles 12 and 13 of the Earth Constitution.
6.3. In liaison with each agency of the Integrative Complex, the World Ombudsmus shall operate offices:
6.3.1. the World Boundries and Elections Administration;
6.3.2. the World Civil Service Administration;
6.3.3. the Institute for Governmental Procedures and World Problems;
6.3.4. the Agency for Research and Planning;
6.3.5. the Agency for Technological and Environmental Assessment;
6.3.6. the World Financial Administration;
6.3.7. and the Commission for Legislative Review.6.4. In liaison with the World Administration, the World Ombudsmus shall operate offices:
6.4.1. the Secretary General of the World Administration;
6.4.2. Disarmament and War Prevention;
6.4.3. Population, Food and Agriculture;
6.4.4. Water Supplies and Waterways;
6.4.5. Health and Nutrition;
6.4.6. Habitat and Settlements;
6.4.7. Environment and Ecology;
6.4.8. World Resources;
6.4.9. Labor and Income;
6.4.10. Human Rights, Distributive
Justice, and Democratic Procedures.
6.5. In liaison with the World Parliament, the World Ombudsmus shall operate offices connected the House of Peoples, the House of Counsellors, and the House of Nations.
6.6. The World Ombudsmus shall select and employ the staff of these liaison offices as well as the staff of Regional Offices of the World Ombudsmus from the civil service lists. Until the lists are formed, provisional staffs may be established directly by the World Ombudsen and World Advocates. However, individual staff members will need to get placement within the civil service lists to obtain and maintain seniority as the Earth Federation commences its first operational stage. Placement on lists is a responsibility of individual staffs responding in compliance with the formative World Civil Service Administration.
7. Further Structure
District Ombudsen and Deputy District Ombudsen
The People shall elect Five World District Ombudsen and Twenty Deputy Ombudsen to be elected from and for each World Electoral and Administrative District, from the electorate of the World District to be served, with elections held concurrent with general world elections. A District Ombudsen may serve two successive five year terms. A candidate for District Ombudsen must be at least 30 years of age at the time of taking office, have five years’ legal experience, with demonstrable knowledge of applicable world law, be a resident for at least one year of the district from which the candidate is seeking office, and shall take a pledge of service to humanity. A candidate for Deputy Ombudsen must be at least 18 years of age, a resident for at least one year of the district from which the candidate is seeking office, and shall take a pledge of service to humanity. A Deputy Ombudsen may serve two successive terms as Deputy.
Candidates interested in serving as World District Ombudsen or Deputy Ombudsen shall register with the World Civil Service Administration for placement on the formative civil service lists. Candidates, District Ombudsen and Deputy Ombudsen who begin participation before the formation of the lists must register promptly with the formative World Civil Service Administration in order to obtain and maintain seniority in the lists.
A District Ombudsen or Deputy Ombudsen may be removed for cause by simple majority vote in special recall election, provided that the respective electorate present recall petitions from 10% of those eligible to vote in the respective district, and provided that in the subsequent recall election ballots are cast by at least 25% of people qualified to vote in the district.
8. Responsibility of the World District Ombudsen and Deputy Ombudsen. World District Ombudsen and Deputy District Ombudsen are responsible to directly ensure that the Bill of Rights of the Earth Constitution is duly recognized and that citizens have protection. In cases where District Ombudsen or Deputy Ombudsen observe that rights are not respected, the Ombudsen or Deputy Ombudsen shall respond with one or more of these actions: 8.1. Direct intervention by warning to the violator, 8.2. Direct intervention with other legal action, 8.3. Report of the violation to the office of the respective World Advocate.
District Ombudsen and Deputy Ombudsen have the same power of arrest as that of world citizens, except that Ombudsen may also carry out warrants if the subject of the warrant is human rights or civil rights issues. District Ombudsen and Ombudsen Deputies may cooperate with the World Police, but are not legally required to do so, as a cooperation requirement would interfere with the separation of powers defined in the Earth Constitution, Article 11, Section A-2.
Deputy Ombudsen are accountable to their respective District Ombudsen. District Ombudsen are accountable to their respective Regional World Advocate.
Further, District Ombudsen and Deputy Ombudsen will participate and assist the World Ombudsmus in all provisions of Article 11., Section A of the Earth Constitution. The World Ombudsmus shall prepare budget recommendations to the provisional World Parliament and World Parliament and to agencies of the Integrative Complex, so that the offices of the Ombudsen and Deputy Ombudsen may be suitably staffed.
The District World Ombudsen shall select and employ the staff of these District offices from the civil service lists. Until the lists are formed, provisional staffs may be established directly by the District World Ombudsen. However, individual staff members will need to get placement within the civil service lists to obtain and maintain seniority as the Earth Federation commences its first operational stage. Placement on lists is a responsibility of individual staffs responding in compliance with the formative World Civil Service Administration.
9) As soon as feasible after the first operative stage of World Government is reached, the World Ombudsmus shall develop the means to accomplish its function number 11-7: “To receive and hear complaints, grievances or requests for aid from any person, group, organization, association, body politic or agency concerning any matter which comes within the purview of the World Ombudsmus.” This ultimately means offices in all the major cities on Earth able to receive walk-ins, email, telephone, and fax availability and the staff to examine and respond to the citizens of the Earth Federation. In doing this, the Ombudsmus shall conform to its function number 11-6: ” To ascertain that the administration of otherwise proper laws, ordinances and procedures of the World Government do not result in unforeseen injustices or inequities, or become stultified in bureaucracy or the details of administration.” Citizens who are walk-ins are not to be demeaned as lowly petitioners, filling out endless forms or computer questionnaires. The World Government in all its functions, from the courts to the executive to the police to the Ombudsmus, is the servant, not the master of the people of Earth.
10) The provisional World Parliament recognizes that the funds under the first operative stage of world government are limited by the necessary apportionment and appropriations that are necessary for accounting purposes. The provisional World Parliament also recognizes that the public awareness of the value of the Earth credit and Earth currency might not allow immediate recognition of the Earth credit and Earth currency, and that the public may not begin accepting the value of the credit and currency until the first operational stage of Earth Federation commences, and that the full value of the credit and currency might find public appreciation only later.
The actual beginning budget requires the provisional World Parliament to designate a granted somewhat arbitrary number of staff persons to begin to operate its offices. When this number is eventually determined too few or too many, the provisional World Parliament can adjust the budgets and the number of personnel to more closely meet the better established need.
The World Ombudsmus has a composition of the Council of World Ombudsen of five members, the 20 World Advocates, and their respective office staffs. In addition, there are 29 liaison offices to the World Court Benches and to agencies of the Earth Federation. To begin, the provisional World Parliament assumes that to begin functioning effectively, each of the Council Members, each of the World Advocates, and each of the 29 Liaison Offices will require an office staff of at least 2 administrative persons and 10 clerical personnel.
(This does not include the legal personnel and specialists which will need to be contracted separately.)
The product is provision for an administrative staff of (5+20+29) 2= 108 administrators to begin.
The product is provision for a clerical staff of (5+20+29) 10= 540 clerical persons to begin.
These numbers working with the World Ombudsmus are to supplement the number of already working persons in the United Nations High Commission for Refugees, rather than to replace any of those persons. The budget of this Act is to supplement the budget of the United Nations High Commission for Refugees, not displace or replace that budget.
The money allocated by this Act is assigned to the World Ombudsmus Accounts in the World Treasury of the World Financial Administration, from which the World Civil Service Administration can draw directly in order to pay in letters of Credit or accounts of Earth Credit to individual World Ombudsmus staff. The World Civil Service Administration shall not draw more than the amount allocated to the particular accounts for the particular pay periods. After the beginning of the First Operative Stage of Earth Federation, provided the World Financial System is ready, payment may be made in the form of direct deposit to the desired bank account, which may then be deposited in any bank that wishes to participate in the new credit and financial system.
Since unforeseen circumstances might interfere with the convening of yearly sessions of the provisional World Parliament, more than one year might conceivably pass before the next budget allocation can be funded. Therefore, the provisional World Parliament will currently fund the World Ombudsmus account for a five year period. (When the World Parliament is more securely established, the Parliament might adopt shorter term budgets as well.)
To help track expenses, each of the following allocations shall be held in a separate account within the World Treasury* , [where the symbol “&” is one official symbol for the unit of One Earth Hour. qv amendments, PWP10, WLA#11, June 2007.]
Council Members @ & 4 /day x 365 days x 5 years = &36,500.
20 World Advocates@ & 4/day x 365 days x 5 years = &146,000
108 World Ombudsmus Administrators @ & 3/day x 365 days x 5 years = & 591,300.
540 Clerical Workers @ 2/day x 365 days x 5 years =
One might conceive that the legal services might easily cost as much as the salaries, so
&2,744,800 legal accounts .
One might conceive that start-up office equipment and supplies might easily cost as much as the salaries, so
&2,744,800 start-up for office equipment & supplies.
One might conceive that the office space will cost at least 20% of the combined salaries.
One might conceive that communications expenses might easily be half of the salaries, so &1,372,400.
Therefore, this 9th session of provisional World Parliament assigns &10,155,760 to the above designated accounts to provide payments during the next 5 years. The amounts in any account may be adjusted up or down by subsequent sessions of the provisional World Parliament to better reflect the actual needs found by the World Ombudsmus. All accounts are subject to audit at any time as determined by the World Financial Administration or by the World Parliament.
Additionally, provisions for World District Ombudsmus offices must also receive provision. The provisional World Parliament hereby assigns funds for up to one thousand offices of the District Ombudsmus.
This is to provide for 5000 elected District Ombudsen, 25,000 Deputy Ombudsen, and a beginning staff of 125,000, to be equally distributed among the 1000 possible Districts during the period of provisional World Government. This number may be increased by an order of magnitude in operative World Districts, upon the declaration of the first operative stage of World Government.
5000 District Ombudsen x &3/day x 365 days x 5 years =
25,000 Deputy Ombudsen x
&2.75/day x 365 days x 5 years = &125,468,750.
25,000 administrative staff persons x & 2.5/day x 365 days x 5 years = &114,062,500.
100,000 clerical staff persons x
& 2.25/day x 365 days x 5 years = &410,625,000.
One might conceive that the district level legal services might easily cost as much as the salaries, so &677,531,250 legal accounts .
One might conceive that start-up office equipment and supplies might easily cost as much as the salaries, so
&677,531,250 start-up for office equipment & supplies.
One might conceive that the office space will cost at least 20% of the combined salaries. &135,506,250.
One might conceive that communications expenses might easily be half of the salaries, so &338,765,625.
Therefore, this 9th session of provisional World Parliament assigns to the World Treasury for use by the World District level services
&2,506,865,625 for the above designated accounts to provide payments during the next 5 years. The amounts in any account may be adjusted up or down by subsequent sessions of the provisional World Parliament to better reflect the actual needs found by the World Ombudsmus. All accounts are subject to audit at any time as determined by the World Financial Administration or by the World Parliament.
These funds, & 10,155,760 for World and Regional level expenses, and
&2,506,865,625 for World District level expenses, are hereby drawn by this appropriation into the World Treasury to be used and accounted for during the next 5 years.
To first become eligible for funds, the World Boundaries and Elections Administration must conduct election within a respective World District. The election must include the election of a qualified Member to serve from that World District in the House of Peoples, as well as the World District Ombudsen and any Deputy Ombudsen. All District Ombudsen vacancies to be served with a World District must be elected or otherwise funds released may be pro-rated to the number actually elected.
When the World Boundaries and Elections Administration has certified the election of a qualified Member to serve from that World District in the House of Peoples, and election of District World Ombudsen or Deputy District Ombudsen within a particular World District, and after newly elected officials has made respective solemn pledge of service to humanity, then the World Financial Administration may release funds through the World Civil Service Administration to the respective elected district official. Also, at that time, the World Civil Service may hire an office staff to complement the work of the elected officials. During adequate performance of duties, non-elected office staff retain their positions with any turnover in the elected positions. Outgoing incumbent District Ombudsen and Deputy District Ombudsen retain their responsibilities and positions until newly elected Ombudsen are certified and sworn in.
* * * * * * * * * *
Adopted as World Legislative Act #31, on 12 April 2006, at ninth Session of the provisional World Parliament, convening at Tripoli, Libya, in conformance with Article 19 of the Earth Constitution
Attested : Eugenia Almand, JD, Secretary
Provisional World Parliament