Frequently asked questions
Filing a complaint
What can a complaint be filed against?
Complaints may be lodged against actions taken by administrative bodies of the Country of Curaçao and against actions taken by persons working under the responsibility of these bodies. The National Ordinance on the Ombudsman defines administrative bodies as the ministers of the Country. Persons working under the responsibility of these bodies include, for example, civil servants of a particular organization and/or contract workers.
However, the complainant must always first submit a complaint to the relevant administrative body before approaching the Ombudsman with a request to conduct an investigation.
Who can file a complaint with the Ombudsman?
Anyone who believes that an administrative body has behaved improperly in a particular matter toward a natural person or legal entity (e.g., a corporation or foundation) may request the Ombudsman to conduct an investigation.
When can a complaint be submitted to the Ombudsman of Curaçao?
A complaint (request) can be submitted to the Ombudsman after the complainant has first filed a complaint with the relevant administrative authority. If the complainant is not satisfied with the way their complaint has been handled by the government, or if they have not received a response from the government, the Ombudsman can be contacted.
Can the Ombudsman of Curaçao help me with a complaint about my neighbour or disputes concerning the fulfilment of agreements by third parties?
The Ombudsman is not authorised to handle the matters mentioned above, as they do not involve an action or conduct by the government. In such cases, the Ombudsman will refer you to the appropriate authorities or organisations that can assist you. Where possible, a staff member of the Ombudsman of Curaçao may, in a specific case and together with the complainant, provide advice on possible steps that can be taken.
About the Ombudsman
Is the Ombudsman accountable to one or more ministers?
The Ombudsman performs his duties independently of the Curaçao government. This independence is guaranteed by law. The Ombudsman can therefore never be called to account by one or more ministers.
Are the Ombudsman's recommendations binding?
The Ombudsman's recommendations are not binding. The administrative body to which the recommendations are made informs the Ombudsman whether, and if so how, it has adopted the recommendations and gives reasons for not adopting or deviating from the recommendations.
What happens if I approach the Ombudsman with a request that does not fall within the Ombudsman's mandate?
If the Ombudsman is approached with a request that falls outside their mandate, they will refer the person to the appropriate address. Where possible, in a specific case, the Ombudsman can, together with the complainant, advise them on possible steps to take to remedy their situation.
What can the Ombudsman of Curaçao do for me?
You can contact the Ombudsman of Curaçao if you are dissatisfied with an action (or omission) by an administrative body and you have unsuccessfully attempted to resolve the situation with the administrative body concerned.
What is an administrative body according to the National Ordinance on the Ombudsman?
The National Ombudsman Ordinance defines an administrative body as persons or bodies vested with public authority. This includes ministers or government foundations.
How long is the Ombudsman appointed for?
The Ombudsman is appointed for a term of six (6) years by the Parliament of Curaçao. After this term, the Ombudsman may be reappointed for a new term of six (6) years. In total, the office of Ombudsman can therefore be held for 12 years.
This appointment is preceded by a nomination by the Vice-Chair of the Advisory Council, the Chair of the Court of Audit, and the President of the Joint Court of Justice.
Is the Ombudsman always a man?
No. The term ‘Ombudsman’ is used internationally in all parts of the world and is originally a loanword from Swedish, meaning ‘representative’. Sweden was the first country to appoint an independent official to investigate complaints about government officials and government agencies. Incidentally, the vast majority of people who hold the office of Ombudsman worldwide are female.
Children's Ombudsman
What does the Children's Ombudsman do?
The Children's Ombudsman defends the rights of children and young people in Curaçao. The Children's Ombudsman monitors whether the government, schools, and other organizations respect these rights.
Why is there a Children's Ombudsman?
Under the International Convention on the Rights of the Child (CRC), an official is needed to monitor in an independent and impartial manner whether the rights of children and young people are being taken seriously.
Is the Children's Ombudsman independent and impartial?
Yes. The Children's Ombudsman works completely independently of the government and other organizations. The Children's Ombudsman assesses situations impartially and always takes the position that best serves the interests of the child.
Can I contact the Children's Ombudsman myself as a child or young person?
Yes. Children and young people can contact the Children's Ombudsman directly if they feel that their rights are being violated.
What rights do children have?
Children have the right to protection, for example against violence and abuse, so that they can grow up safely. They have the right to good facilities, such as education, healthcare, and a safe living environment. Children also have the right to a name and a nationality, to play and leisure time, and to the opportunity to express their opinions and be heard.
All these rights are enshrined in the International Convention on the Rights of the Child (CRC).
Can parents, teachers or care providers also make a report?
Yes. Anyone who is concerned about the rights of children or young people can contact the Children's Ombudsman.
What happens with my report?
The Children's Ombudsman listens to the case and determines whether action is needed. Sometimes advice is given, sometimes contact is made with an organization, or recommendations are made to the government.
Does it cost money to contact the Children's Ombudsman?
No. The Children's Ombudsman's assistance is free.
Will my story be treated confidentially?
Yes. Everything you share will be treated carefully and confidentially.
Can the Children's Ombudsman make decisions in the interest of children and young people?
No. The Children's Ombudsman monitors and makes recommendations. The government and organizations must make their own decisions based on these recommendations.
Are the recommendations of the Children's Ombudsman binding?
No. They are not legally binding. However, the organizations or bodies to which the recommendations are addressed must respond and indicate what they intend to do with them.
How can I contact the Children's Ombudsman?
You can do this by phone, email, or by visiting the Ombudsman's office. Contact details are available on this website.