44
Compendium: High Level Review of United Nations Sanctions
mercially available information databases was also limited, either due to limited UN licences for such databases, or the reluctance of the Secretariat to
subscribe. The Secretariat, on the other hand, reported that subscriptions to
such databases were under-utilised, indicating a breakdown in communication between Expert Groups and the Secretariat.
41. The Secretary-General should authorise upon request access by expert
groups to UN system reporting on relevant situations, including code
cables and the DSS feed, on the condition that such information would
only be used for background understanding and would not be cited in
public reports without the consent of the originators.
C. The Ombudsperson
The contractual, administrative and staffing arrangements for the Ombudsperson are not adequate to the institutional importance and need for independence of the Ombudsperson. Concerns with respect to the impact of contractual and administrative arrangements are outlined in the Ombudsperson
biannual reports to the Security Council.11
The Ombudsperson is subject to the same contractual terms and conditions as individual members of expert groups, despite significant differences
between the Ombudsperson’s role relative to expert groups. Unlike experts,
the Ombudsperson is not under the direction of the committee; in fact, the
Ombudsperson’s independence from the committee and the Council is one
of the key determinants of the Office’s legitimacy. The term and security of
the Ombudsperson’s tenure is also vital to the position’s independence, an
issue noted by the Special Rapporteur on the Promotion and Protection of
Human Rights and Fundamental Freedoms while Countering Terrorism.
11
See 2 February 2015 (S/2015/80, paras. 52-53) and 31 July 2014 (S/2014/553,
paras. 50-51): “While achieved in practice, in principle, no separate office has
been established and the applicable administrative arrangements, particularly for
budget, staffing, staff management and resource utilization, lack the critical features of autonomy. Further, the contractual arrangements for the Ombudsperson
are not consistent with the mandate accorded by the Security Council and contain
insufficient safeguards for independence .... urgent consideration needs to be given
to establishing contractual arrangements and a structure that provides for institutional independence for the Ombudsperson and the Office of the Ombudsperson.