TNAG-2321-FCO40-3365-Human-rights-in-Hong-Kong-1991 — Page 200

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CSCE/SEDIO.3

Particular attention was given to the question of national implementation of international human rights instruments. Direct

incorporation of such instruments as national legislation was mentioned as one form of national implementation. Another option would be to transform the provisions of international instruments into national legislation. It was pointed out that in some participating States this was already being realized by the jurisprudence of the national judiciary. In this connection, it was emphasized that it was the responsibility of each State to give full domestic effect to its international human rights obligations, irrespective of the means of implementation chosen.

The view was expressed that the national implementation of international human rights obligations requires the existence

of effective domestic legal remedies and instruments for controlling public administration.

There was a discussion of the role of national institutions

for the promotion and protection of human rights. It was pointed out that, in addition to the ordinary court system, including

administrative courts, such institutions could comprise

constitutional courts, national human rights commissions, complaints commissions, Ombudsmen or mediators.

In the experience of many experts, the institution of Ombudsman has proved useful in dealing with administrative abuse. By examining the legality of administrative acts, it has a complementary function to the courts. In this way, confidence in the rule of law is strengthened. The supervisory functions of the Ombudsman institution promote fair administrative practices and encourage confidence in government.

Reference was made to the importance of openness in public administration including access to information and documents, and adequate complaints procedures. Recourse to international human rights bodies was mentioned as complementing national complaints and review procedures. Provisions for legal assistance at all levels would be an important element in securing the successful operation of such complaints and review procedures.