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Ombudsman; A new position?
Topic Started: Jan 4 2005, 12:32 AM (371 Views)
rouyn
Unregistered

I have proposed to AA to have a new official position in the region. The name of the position is Ombudsman.

The role of the ombudsman is to check if the law, action and setup of the goverment respect person (nation) , but this seperatly from the goverment.

Mainly, the ombudsman office receive complain of citizen (nation) about something were they think their right have not been respected. It mainly case by case.

If, by example, the senate decide to pass a law that will force nation to joint the UN, but 5 nation strongly desagree, they contact the Ombudsman. He will analyse the law and then present a official repport to the goverment. If the goverment don't want to adjust the law, the office of the ombudsman could request a trial.

A Ombudsman also make the critic of the new law pass by the goverment of the justice, and then make a official report. It always consider the individuality of citizen (like rogue nation). Going case by case, one by one.

A Ombudsman is not a elected position, but the Ombudsman MUST be someone who have civil right in priority.

If you want some more example of the role of the ombudsman, do not esitate to contact me (post here).

Regard,

Rouyn
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rouyn
Unregistered

Theire is some information about the Ombudsman:

http://www.ombudsman.on.ca/

This is the official website of the Ombudsman of Ontario (a canadian province).

As you will see, the Ombudsman role is capital in a civilised society.
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Azozamu
Unregistered

That isn't neccessary. In NS, if a nation doesn't like something, they can either leave the region, or, if I agree with what they think, complain to me and I'll take care of it. *pats trusty 10-gauge* :ph43r:
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Rael One
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rouyn

I think that this is an interesting, concept and idea.

Quote:
 
If, by example, the senate decide to pass a law that will force nation to joint the UN, but 5 nation strongly desagree, they contact the Ombudsman. He will analyse the law and then present a official repport to the goverment. If the goverment don't want to adjust the law, the office of the ombudsman could request a trial.- rouyn - Posted on Jan 3 2005, 11:32 PM


At the present time The Constitution of The Exodus is in the process of being drafted, discussion is held in the Senate Chambers. All nations of The Exodus Region are welcome and encouraged to participate in this important project.

The Constitution is the basis of all law and procedures for a region. If it is wriiten well at the beginning, it will help eliminate legal disputes in the future. It may even eliminate the need of an Ombudsman.

To this date however there has been very little interest, only 10%+\- of the region have even looked at the document. Even the Senate, the makers and changers of laws, show little interest.

The project will continue and a final Draft reached and put forth to the region for ratification, even with the limited participation. The will of few may prevail over the will of the many.

I serve only as the scribe, and moderator of this project, with little say over the finished project.

Participation is the key to a strong Region with fair laws.

R O


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rouyn
Unregistered

A ombudsman will avoid loosing nation for notting and that very important for me. Lot of nation work very hard to keep exodus strong and this could help.

A ombudsman is a add-on to the constitution: some part of the constitution could be used in a certain way that will make some nation abuse of other (there is always some weakness in the law). A Ombudsman will also analyse individual case that in anyway could be include in the constitution.

A ombudsman (or some equivalent post) is very important in civilized and democratic nation. It not a big role ( I don't think the ombudsman of the exodus will have alot of job) but when he is require, it could make all the difference. In pangeaa case, by example, he will have been the defender.

If you go check on the link that I put in my second post, you will have a better idea of what a ombudsman realy do.
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Joshua
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The Original Founder

I like the Ombudsman pisition but it seems like some of his duties might cross over to the court. I would like to determine how sucha position would be implemented. Could the ombudsman be an extension of the court system?
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Azozamu
Unregistered

The Ombudsman could report to the Court and act as a second prosecutor should the SecState be unavailable. I still don't like it. *shrugs*
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Rael One
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Could it be classified as a public defender. Who is not part of the Judical System but appointed by the general members by election. Could be an offical legal representative of the people..
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Azozamu
Unregistered

Rael One
Jan 5 2005, 04:52 PM
Could it be classified as a public defender. Who is not part of the Judical System but appointed by the general members by election. Could be an offical legal representative of the people..

Public defender? You mean like a defense attorney? Or like what Americans call a district attorney? Please clarify.
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Rael One
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This a very rough sketch of description and duties of the position.


A rough Draft of potential Constitution entry

Public Defender/Ombudsman Of The Exodus Region shall:

A.Serve as in an elected non governmental position.
1. Selected by simple majority of The Exodus Nations.
B.Serve as a representative of the Member Nations of The Exodus Region
1. When chosen by that nation, or
2. Another nation in case of excused absence.
C. Exercise duties in areas including but are not limited to:
1. Representing any Exodus Nation before the Judicial Branch and or the Senate
a. in cases where a Exodus Nation is wronged or
b. perceives to be wronged.
D. Research:
1. the relevant law
2. the relevant procedure
3 prior court ruling
4.prior senate proceeding.
E.Weigh the merit of each claim.
F. If warranted the Public Defender/Omdubsman shall:
1. Petition the Senate for a hearing.
a. on the behalf in the represented nation
2. File for a Docket in the court
a. on the behalf in the represented nation
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rouyn
Unregistered

Any of you seem to understand what is the role of the ombudsman.

If it elected or work under a certain departmen, it useless.

When you are elected, you have interest OF THE MAJORITY in mind, not the single interest. So, if a decision will make happy the small majority (55%) but make serious problem to 5% of the population, a elected position will automaticly deffend the 55% (as the senate will do). But the role of the ombudsman is to give a voice to the 5% and make sure their right are respected.

It cannot work under a certain department because he have to analyse all departement to make sure they respect the right of that 5%...

Please, before posting any comment, please go check what is on the link that I have put in my second post.

It realy simple:
the actual system take care of the great majority, the ombudsman take care of rogue nation.

If I heard again that we don't care about rogue nation, I will start to get really mad. We say that all are welcome and we defend freedom and justice, but respect of minority is crutial in those condition. A nation who tolerate injustice on minority is, in history, a nation of war. To prevent to go in intolerence over minority, we need to have concrete action. The ombudsman is a concrete action. He take the pulse of that specific (and very important) situation. For me, it is as important than to have a courtroom, head of security or a UN department.

Let protect ourself agains intolerence!
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Joshua
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The Original Founder

How does someone become an ombudsman if not elected? Who would appoint them? I guess I don't understand sorry. :(

Quote:
 
The Ombudsman's job is to investigate complaints about provincial government organizations. When he finds something wrong he can make recommendations to resolve the problem, and if these are not acted upon, he can report the case to the Legislature. The Ombudsman can also help resolve complaints informally. Ontario's Ombudsman is an Officer of the provincial Legislature who is independent of the government and political parties.


I found this on the site rouyn provided. I think I understand it a bit better. It seems to be an extra check and balance. My question is who appoints the ombudsman and who makes sure he is not abusing his power? How would an ombudsman dela with a complaint informally?
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rouyn
Unregistered

I think nation that are interested could apply (write something about what they plan to do and why they want to be a Ombudsman) then we hire him. He could loose is job if he go too far (just set something in the constitution that will alow the gov to dismiss the ombudsman from is position).

Clarify a certain point by giving more explanation is a unformal way to solve a problem. The rest of is fonction are already well defined.
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Rael One
Member Avatar


An amended potental constitution entry has been prepared addressing the issues presented.

With permission I can post it here or elsewhere, if so desired.

This issue is one which I believe has great potential. It provides a buffer for rash actions. It could be a step in the elimination of future misunderstandings.
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rouyn
Unregistered

Rael One
Jan 6 2005, 02:48 PM
An amended potental constitution entry has been prepared addressing the issues presented.

With permission I can post it here or elsewhere, if so desired.

This issue is one which I believe has great potential. It provides a buffer for rash actions. It could be a step in the elimination of future misunderstandings.

Right on.

This post as been made for all matters conserning the Ombudsman, so everything that consern that position is welcome.
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Rael One
Member Avatar


I've tried to blend the info with that listed in the Ombudsman as best I could.


A rough Draft of potential Constitution entry

Public Defender/Ombudsman Of The Exodus Region shall:

A.Serve as in a non governmental position.
1. Selected by the affected Nation, by choice of Nations interested in this position.
2. Nations interested in serving as Public Defender/Ombudsman of The Exodus Region shall:
a. Post their interest in the designated topic thread.
b. State their qualifications and experience
B.Serve as a representative of the Member Nations of The Exodus Region
1. When chosen by that nation, or
2. Another nation in case of absence.
C. Exercise duties in areas including but are not limited to:
1. Providing informal advise and suggesting potential remedies not requiring further action.

a. in cases where a Exodus Nation is wronged or
b. perceives to be wronged.
2. Representing any Exodus Nation before the Judicial Branch and or the Senate
a. in cases where a Exodus Nation is wronged or
b. perceives to be wronged.
D. Research:
1. the relevant law
2. the relevant procedure
3 prior court ruling
4.prior senate proceeding.
E.Weigh the merit of each claim.
F. If warranted, at the request of Nation represented the Public Defender/Omdubsman, shall:
1. Lobby the Senate for a hearing.
a. on the behalf in the represented nation
2. File for a Docket in the court
a. on the behalf in the represented nation
G. Be declared ineligible or incompetent as a representative:
1. By written statement, stating appropriate reasons
a. By the Senate
b. By the Judicial System
c. By the Nation represented
2. Once declared ineligible or incompetent
a. The Public Defender/Omdubsman shall immediately withdrawal as representative in the venue where issued.
b. Post this action in the designated topic thread, as an edit.
c. Chose to withdrawal interest in serving as Public Defender/Ombudsman by
i. So stating this intention in the designated topic thread, as an edit.
d.If the result of a Senate action.
i. be barred from Senate activiy as a Public Defender/Omdubsman
3. Failure to comply with written statement, stating appropriate reasons
a. The Public Defender/Omdubsman shall/may be held in Contempt and subject to legal proceedings.
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rouyn
Unregistered

I think the Ombudsman should only loose is seat if the Senate say so. He will face more then one time the Court system, so it will be not fair if the court system could make him destitute.
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Rael One
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Good point

But he could be held in contempt af court.

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rouyn
Unregistered

Rael One
Jan 6 2005, 08:04 PM
Good point

But he could be held in contempt af court.

I think he could only be judged by the senate. Note that he don't have alot of power, he act more like a consience for the Senate, UN, courtroom and other official. He can slow down a law but not stop it.

What I fear about it is not that he take to much place but the opposite : like if he is innactive or show no interest in the right of minority.
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Rael One
Member Avatar


added G,d & G.,d,i
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Rael One
Member Avatar


He is selected by chose by anyone, and can be fired by the nation chosing him.
If he fails to properly defend his client. the court or senate can recognize this and declare him incompentent. So the Nation is protect in many ways.

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rouyn
Unregistered

Rael One
Jan 6 2005, 08:24 PM
He is selected by chose by anyone, and can be fired by the nation chosing him.
If he fails to properly defend his client. the court or senate can recognize this and declare him incompentent. So the Nation is protect in many ways.

Acting like a avocate is like a second role. Make sure that all law, action and judgment respect minority is the main task of this job.

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Lykle
Unregistered

I think that an ombudsman (totall dutch word) is a useful tool within nations, but not for a whole region...
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rouyn
Unregistered

Before moving in Exodus, I travel alot around NS. What discusted me is the discrimination agains certain group that could be found in every region. As exodus was pretty new, the region was not affected by any form of discrimination. I was quiet for a long period of time ressently, but I was working on one purpose: Found a way to protect the region of falling in those perversity.

Rael seem to think that a ombudsman is a avocate, but no. He make sure that right of individual are respected.

I will site a very know example: The UN. Lot of proposition do not respect sovereinty of nation(moral decency). A Ombudsman will never tolerate that, if the law in question affect the right of a certain group in the nation (region).

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rouyn
Unregistered

Note also that a Ombudsman is also a protection of having one (or more) official who abuse of is power.
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