New public ombuds’ challenges in contexts marked by colonial histories: Empirical findings from the Northwest Territories and Sint Maarten

Public ombud institutions exist in many countries to address maladministration through complaints; however, sociological and empirical research remains limited, particularly outside the Global North. We address these gaps through two case studies of relatively new public ombuds: Sint Maarten (2010) and Northwest Territories, Canada (2018). We investigate the effects of transplanting a European legal institution into contexts where the relationship between citizens and the state bears the imprint of colonial governance. Drawing on qualitative interviews with ombudspersons, staff and leading ombud proponents, we examine the ombuds’ challenges on the macro, meso and micro levels. Adopting a critical stance on legal transplants, we build on the legal irritants concept and the importance of ‘vernacularisation’. We find that despite the two institutions’ different trajectories, they face similar challenges in building institutional trust and sustaining legitimacy with government actors and the public related to legal transplantation and colonial legacies.