A COMPARATIVE STUDY OF OMBUDSMAN A COMPARATIVE STUDY OF OMBUDSMAN OFFICES IN AUSTRALIA, PAKISTAN AND OFFICES IN AUSTRALIA, PAKISTAN AND

UNITED KINGDOM: EVOLUTION, EFFICACY AND UNITED KINGDOM: EVOLUTION, EFFICACY AND CHALLENGESCHALLENGES

SYED ANWAR-UL-HASAN SYED ANWAR-UL-HASAN BOKHARIBOKHARI

IPF FELLOW 2004-05IPF FELLOW 2004-05(PAKISTAN)(PAKISTAN)

OPEN SOCIETY INSTITUTEOPEN SOCIETY INSTITUTE(INTERNATIONAL POLICY FELLOWSHIP)(INTERNATIONAL POLICY FELLOWSHIP)

APRIL 7, 2005

PRESENTATION PLANPRESENTATION PLAN

• OBJECTIVES OF RESEARCHOBJECTIVES OF RESEARCH

• OUTLINE OF RESEARCH PAPEROUTLINE OF RESEARCH PAPER– EVOLUTION OF OMBUDSMAN EVOLUTION OF OMBUDSMAN

OFFICEOFFICE– INDIVIDUAL COUNTRY STUDIESINDIVIDUAL COUNTRY STUDIES– COMPARATIVE ANALYSISCOMPARATIVE ANALYSIS– EFFECTIVENESS OF OMBUDSMAN EFFECTIVENESS OF OMBUDSMAN

OFFICEOFFICE– CHALLENGESCHALLENGES– RECOMMENDATIONSRECOMMENDATIONS

OBJECTIVES OF RESEARCHOBJECTIVES OF RESEARCH

• ROLE OF OMBUDSMAN IN PROVIDING ROLE OF OMBUDSMAN IN PROVIDING

REMEDIES AGAINST MAL-REMEDIES AGAINST MAL-

ADMINISTRATION.ADMINISTRATION.

• EFFECTIVENESS OF OMBUDSMAN IN EFFECTIVENESS OF OMBUDSMAN IN

IMPROVING PUBLIC ADMINISTRATION IMPROVING PUBLIC ADMINISTRATION

AND HOLDING IT ACCOUNTABLE.AND HOLDING IT ACCOUNTABLE.

NOTHING WRINKLES NOTHING WRINKLES MORE IN THE HUMAN MORE IN THE HUMAN

HEART THAN INJUSTICEHEART THAN INJUSTICE

EVOLUTION OF EVOLUTION OF OMBUDSMANOMBUDSMAN

WHAT IS AN WHAT IS AN OMBUDSMAN?OMBUDSMAN?

““SHOULD BE LEGALLY ESTABLISHED, SHOULD BE LEGALLY ESTABLISHED,

FUNCTIONALLY AUTONOMOUS, EXTERNAL FUNCTIONALLY AUTONOMOUS, EXTERNAL

TO THE ADMINISTRATION, TO THE ADMINISTRATION,

OPERATIONALLY INDEPENDENT OF BOTH OPERATIONALLY INDEPENDENT OF BOTH

THE EXECUTIVE AND LEGISLATURE, THE EXECUTIVE AND LEGISLATURE,

SPECIALIST, EXPERT AND NON-PARTISAN, SPECIALIST, EXPERT AND NON-PARTISAN,

NORMATIVELY UNIVERSALISTIC, CLIENT NORMATIVELY UNIVERSALISTIC, CLIENT

CENTRED BUT NOT ANTI-CENTRED BUT NOT ANTI-

ADMINISTRATION, AND BOTH POPULARLY ADMINISTRATION, AND BOTH POPULARLY

ACCESSIBLE AND VISIBLE”. ACCESSIBLE AND VISIBLE”.

(PROFESSOR LERRY B HILL)(PROFESSOR LERRY B HILL)

EVOLUTION OF OMBUDSMAN EVOLUTION OF OMBUDSMAN INSTITUTIONINSTITUTION

• MUSLIM ERAMUSLIM ERA (DR. PICKLE)(DR. PICKLE)

– EPISTLE TO MALIK ASHTAR, THE EPISTLE TO MALIK ASHTAR, THE

GOVERNOR OF EGYPT BY GOVERNOR OF EGYPT BY HAZRAT ALIHAZRAT ALI, ,

FORTH CALIPH OF ISLAMFORTH CALIPH OF ISLAM

– DEWAN -AL-MAZALIMDEWAN -AL-MAZALIM

• SPARTA AND ATHENS, ROMANS

ERA, CHINA, PERSIAN EMPIRE,

VENICE CONTEDCONTED

• MODREN FIGURE OF OMBUDSMANMODREN FIGURE OF OMBUDSMAN JUSTITIEOMBUDSMANJUSTITIEOMBUDSMAN ESTABLISHED IN SWEDEN - 1809ESTABLISHED IN SWEDEN - 1809

• TWO PRIMARY REASONSTWO PRIMARY REASONS

– NO CONCEPT OF MINISTERIAL RESPONSIBILITY NO CONCEPT OF MINISTERIAL RESPONSIBILITY

LIKE WESTMINISTER DEMOCRACYLIKE WESTMINISTER DEMOCRACY

– THE JUDICIARY IS A CAREER SERVICETHE JUDICIARY IS A CAREER SERVICE

SPREAD OF OMBUDSMAN SPREAD OF OMBUDSMAN CONCEPTCONCEPT

• FINLAND FINLAND 19191919

• DENMARK DENMARK 19551955

• NORWAY NORWAY 19621962

• NEW ZEALANDNEW ZEALAND 19621962

• AUSTRALIAAUSTRALIA 19761976

• UKUK 19671967

• PAKISTANPAKISTAN 19831983 • APPROXIMATELY 120 COUNTRIES AROUND APPROXIMATELY 120 COUNTRIES AROUND

THE WORLD HAVE OMBUDSMAN OFFICE AT THE WORLD HAVE OMBUDSMAN OFFICE AT DIFFERENT LEVELS BY 2004.DIFFERENT LEVELS BY 2004.

WHY OMBUDSMAN?WHY OMBUDSMAN?• INCREASE IN EXECUTIVE POWERINCREASE IN EXECUTIVE POWER

• WELFARE STATE MODEL - POST WELFARE STATE MODEL - POST WW IIWW II

• TRANSITION TO DEMOCRACYTRANSITION TO DEMOCRACY

• CONCERNS FOR HUMAN RIGHTSCONCERNS FOR HUMAN RIGHTS• DEMAND FOR GREATER DEMAND FOR GREATER

TRANSPARENCYTRANSPARENCY

• ROLE OF UNROLE OF UN

• PUBLIC AWARENESSPUBLIC AWARENESS

• MEDIAMEDIA

• FASHION ???FASHION ???

CHARACTERISTICS OF OMBUDSMAN CHARACTERISTICS OF OMBUDSMAN INSTITUTIONINSTITUTION

•SEPARATE ENTITY - FUNCTIONALLY SEPARATE ENTITY - FUNCTIONALLY AUTONOMOUS AUTONOMOUS

•OPERATIONALLY INDEPENDENT OPERATIONALLY INDEPENDENT

•ESTABLISHED BY LEGISLATIONESTABLISHED BY LEGISLATION

•A MONITORING SPECIALIST A MONITORING SPECIALIST

•ADMINISTRATIVE EXPERT AND PROFESSIONAL. ADMINISTRATIVE EXPERT AND PROFESSIONAL.

•NON-PARTISAN NON-PARTISAN

•NORMATIVELY UNIVERSALISTIC NORMATIVELY UNIVERSALISTIC

•CLIENT-CENTERED, BUT NOT ANTI-CLIENT-CENTERED, BUT NOT ANTI-ADMINISTRATIONADMINISTRATION

•POPULARLY ACCESSIBLE AND VISIBLE POPULARLY ACCESSIBLE AND VISIBLE

•HIGH STATUS INSTITUTIONS HIGH STATUS INSTITUTIONS

•HAVE EXTENSIVE RESOURCESHAVE EXTENSIVE RESOURCES

WHAT AN OMBUDSMAN WHAT AN OMBUDSMAN DO?DO?

• TO RIGHT INDIVIDUAL WRONGSTO RIGHT INDIVIDUAL WRONGS

• TO MAKE BUREAUCRACY MORE TO MAKE BUREAUCRACY MORE

HUMANEHUMANE

• TO LESSEN POPULAR ALIENATION TO LESSEN POPULAR ALIENATION

FROM GOVERNMENTFROM GOVERNMENT

• TO PREVENT ABUSES BY ACTING AS A TO PREVENT ABUSES BY ACTING AS A

BUREAUCRATIC WATCHDOGBUREAUCRATIC WATCHDOG

• TO VINDICATE CIVIL SERVANTS WHEN TO VINDICATE CIVIL SERVANTS WHEN

UNJUSTLY ACCUSED, ANDUNJUSTLY ACCUSED, AND

• TO INTRODUCE ADMINISTRATIVE TO INTRODUCE ADMINISTRATIVE

REFORMREFORM

MAL-ADMINISTRATIONMAL-ADMINISTRATION• A DECISION, PROCESS, RECOMMENDATION, ACT OF A DECISION, PROCESS, RECOMMENDATION, ACT OF

OMISSION OR COMMISSION WHICH IS CONTRARY TO OMISSION OR COMMISSION WHICH IS CONTRARY TO LAW, RULES OR REGULATIONS, OR IS A DEPARTURE LAW, RULES OR REGULATIONS, OR IS A DEPARTURE FROM ESTABLISHED PRACTICE OR PROCEDURE, FROM ESTABLISHED PRACTICE OR PROCEDURE, UNLESS IT IS BONA FIDE AND HAS VALID REASON; UNLESS IT IS BONA FIDE AND HAS VALID REASON;

• IS PERVERSE, ARBITRARY OR UNREASONABLE, UNJUST, IS PERVERSE, ARBITRARY OR UNREASONABLE, UNJUST, BIASED, OPPRESSIVE OR DISCRIMINATORY; BIASED, OPPRESSIVE OR DISCRIMINATORY;

• BASED ON IRRELEVANT GROUNDS; OR, INVOLVES THE BASED ON IRRELEVANT GROUNDS; OR, INVOLVES THE EXERCISE OF POWERS OR THE FAILURE OR REFUSAL TO EXERCISE OF POWERS OR THE FAILURE OR REFUSAL TO DO SO FOR REASONS OF CORRUPT OR IMPROPER DO SO FOR REASONS OF CORRUPT OR IMPROPER MOTIVES SUCH AS BRIBERY, JOBBERY, FAVOURITISM, MOTIVES SUCH AS BRIBERY, JOBBERY, FAVOURITISM, NEPOTISM, AND ADMINISTRATIVE EXCESSES; AND,NEPOTISM, AND ADMINISTRATIVE EXCESSES; AND,

• NEGLECT, INATTENTION, DELAY, INCOMPETENCE, NEGLECT, INATTENTION, DELAY, INCOMPETENCE, INEFFICIENCY AND INEPTITUDE IN THE INEFFICIENCY AND INEPTITUDE IN THE ADMINISTRATION OR DISCHARGE OF DUTIES AND ADMINISTRATION OR DISCHARGE OF DUTIES AND RESPONSIBILITIES.RESPONSIBILITIES.

DIFFERENT TITLES OF OMBUDSMANDIFFERENT TITLES OF OMBUDSMAN

• DEFENSOR DEL PUEBLODEFENSOR DEL PUEBLO

• PARLIAMENTARY COMMISSIONER FOR PARLIAMENTARY COMMISSIONER FOR ADMINISTRATIONADMINISTRATION

• MÉDIATEUR DE LA RÉPUBLIQUEMÉDIATEUR DE LA RÉPUBLIQUE

• PUBLIC PROTECTORPUBLIC PROTECTOR

• PROTECTEUR DU CITOYENPROTECTEUR DU CITOYEN

• VOLKSANWALTSCHAFTVOLKSANWALTSCHAFT

• PUBLIC COMPLAINTS COMMISSIONPUBLIC COMPLAINTS COMMISSION

• PROVEDOR DE DIFENSORE CIVICOPROVEDOR DE DIFENSORE CIVICO

• INVESTIGATOR-GENERALINVESTIGATOR-GENERAL

• CITIZEN'S AIDECITIZEN'S AIDE

• WAFAQI MOHTASIBWAFAQI MOHTASIB

• LOK AYUKTALOK AYUKTA

JURISDICTION OF THE OMBUDSMANJURISDICTION OF THE OMBUDSMAN

• REACTIVE OMBUDSMANREACTIVE OMBUDSMAN

• PROACTIVE OMBUDSMANPROACTIVE OMBUDSMAN

• NORMALLY EXTENDS TO ALL NORMALLY EXTENDS TO ALL

GOVERNMENT ORGANIZATIONS / GOVERNMENT ORGANIZATIONS /

DEPARTMENTSDEPARTMENTS

• EXEMPTIONS TO JURISDICTIONEXEMPTIONS TO JURISDICTION

CATEGORIES OF OMBUDSMANCATEGORIES OF OMBUDSMAN

• PURE OR PUBLIC SECTOR OMBUDSMAN - PURE OR PUBLIC SECTOR OMBUDSMAN - HAVING GLOBAL JURISDICTIONHAVING GLOBAL JURISDICTION

–CENTRAL GOVERNMENT OMBUDSMANCENTRAL GOVERNMENT OMBUDSMAN

–STATE GOVERNMENT OMBUDSMANSTATE GOVERNMENT OMBUDSMAN

–LOCAL GOVERNMENT OMBUDSMANLOCAL GOVERNMENT OMBUDSMAN

• PRIVATE SECTOR OMBUDSMAN OR INDUSTRY PRIVATE SECTOR OMBUDSMAN OR INDUSTRY

OMBUDSMAN HAVING LIMITED JURISDICTIONOMBUDSMAN HAVING LIMITED JURISDICTION

• INTERNATIONAL OMBUDSMANINTERNATIONAL OMBUDSMAN

• FUTURE GENERATION OMBUDSMANFUTURE GENERATION OMBUDSMAN

COMPARATIVE COMPARATIVE ANALYSISANALYSIS

COMPARATIVE ANALYSIS OF OMBUDSMAN COMPARATIVE ANALYSIS OF OMBUDSMAN OFFICES IN AUSTRALIA, PAKISTAN AND UKOFFICES IN AUSTRALIA, PAKISTAN AND UK

• SYSTEM OF GOVERNMENTSYSTEM OF GOVERNMENT

• INSTRUEMENT OF INSTRUEMENT OF

ESTABLISHMENTESTABLISHMENT

• SINGLE OR MULTIPLESINGLE OR MULTIPLE

• MODE OF APPOINTMENTMODE OF APPOINTMENT

• TERM OF OFFICETERM OF OFFICE

• PRESENCE AT VARIOUS LEVELSPRESENCE AT VARIOUS LEVELS

• JURISDICTIONJURISDICTION

(CONTED)(CONTED)

• POWERSPOWERS

• PROCEDUREPROCEDURE

• ADMINISTRATIVE AUTONOMYADMINISTRATIVE AUTONOMY

• RELATIONSHIP WITH THE RELATIONSHIP WITH THE

PARLIAMENTPARLIAMENT

• RELATIONSHIP WITH COURTSRELATIONSHIP WITH COURTS

• RELATIONSHIP WITH MEDIARELATIONSHIP WITH MEDIA

• ACCOUNTABILITYACCOUNTABILITY

• QUALIFICATION OF OMBUDSMANQUALIFICATION OF OMBUDSMAN

EFFICACY OF EFFICACY OF OMBUDSMANOMBUDSMAN

EFFICACY OF EFFICACY OF OMBUDSMANOMBUDSMAN

• HARD TO ASSESS THE SERVICE MADE HARD TO ASSESS THE SERVICE MADE TO STAKEHOLDERS TO STAKEHOLDERS

• OMBUDSMAN IS PART OF A OMBUDSMAN IS PART OF A SYSTEMSYSTEM, , WHICH MAY AS A WHOLE BE WHICH MAY AS A WHOLE BE RESPONSIBLE FOR ANYTHING THAT RESPONSIBLE FOR ANYTHING THAT GOES WELLGOES WELL

• IT WORKS IT WORKS INFORMALLYINFORMALLY, SO THE VALUE-, SO THE VALUE-ADDED MAY BE HARD TO CAPTURE, ADDED MAY BE HARD TO CAPTURE, AND THE VALUE ADDED IS SOMETIMES AND THE VALUE ADDED IS SOMETIMES UNDERSTOOD ONLY IN UNDERSTOOD ONLY IN SUBJECTIVE SUBJECTIVE TERMSTERMS

(CONTED)(CONTED)

• PART OF THE VALUE ADDED BY AN PART OF THE VALUE ADDED BY AN OMBUDSMAN COMES FROM OMBUDSMAN COMES FROM HELPING PEOPLE TO DEAL ON HELPING PEOPLE TO DEAL ON THEIR OWN WITH THEIR THEIR OWN WITH THEIR PROBLEMS, WITHIN THE SYSTEMPROBLEMS, WITHIN THE SYSTEM

• IN ADDITION THE OMBUDSMAN IN ADDITION THE OMBUDSMAN DOES NOT MAKE DECISIONS AS A DOES NOT MAKE DECISIONS AS A PUBLIC SERVANT WOULD - MUCH PUBLIC SERVANT WOULD - MUCH OF THE WORK IS TO HELP OF THE WORK IS TO HELP OTHER OTHER PARTS PARTS OF THE SYSTEM WORK OF THE SYSTEM WORK WELL IN SERVING STAKEHOLDERSWELL IN SERVING STAKEHOLDERS

CRITERIA OF CRITERIA OF SATISFACTIONSATISFACTION

• AN OMBUDSMAN IS DESIGNATED AS A NEUTRAL WHO AN OMBUDSMAN IS DESIGNATED AS A NEUTRAL WHO MAINLY SEEKS TO FOSTER A FAIR MAINLY SEEKS TO FOSTER A FAIR PROCESSPROCESS, RATHER , RATHER THAN DELIVERING A SPECIFIC THAN DELIVERING A SPECIFIC OUTCOMEOUTCOME..

• AN OMBUDSMAN MAY SOMETIMES WORK AS AN OMBUDSMAN MAY SOMETIMES WORK AS COMPETENTLY AND HONORABLY AS IS POSSIBLE, COMPETENTLY AND HONORABLY AS IS POSSIBLE, WITHOUT ALL STAKEHOLDERS IN A GIVEN COMPLAINT WITHOUT ALL STAKEHOLDERS IN A GIVEN COMPLAINT BEING “SATISFIED” BY THE OUTCOME. BEING “SATISFIED” BY THE OUTCOME.

• IT SOMETIMES IS NOT POSSIBLE TO SATISFY ALL IT SOMETIMES IS NOT POSSIBLE TO SATISFY ALL STAKEHOLDERS EVEN WITH RESPECT TO THE PROCESS, STAKEHOLDERS EVEN WITH RESPECT TO THE PROCESS, ESPECIALLY SINCE ONE ROLE OF AN OMBUDSMAN IS TO ESPECIALLY SINCE ONE ROLE OF AN OMBUDSMAN IS TO ASK TOUGH QUESTIONS.ASK TOUGH QUESTIONS.

• ONE THEORETICAL DEFINITION OF EFFECTIVE ONE THEORETICAL DEFINITION OF EFFECTIVE CONFLICT MANAGEMENT, WHICH ATTEMPTS TO DEAL CONFLICT MANAGEMENT, WHICH ATTEMPTS TO DEAL WITH DISPUTANTS, HAVING VERY DIFFERENT WITH DISPUTANTS, HAVING VERY DIFFERENT INTERESTS, IS THAT “EVERYONE ATTACHED TO THE INTERESTS, IS THAT “EVERYONE ATTACHED TO THE CASE COMES TO THINK THAT “THE PROCESS AND THE CASE COMES TO THINK THAT “THE PROCESS AND THE SETTLEMENT WERE SETTLEMENT WERE THE BEST POSSIBLE UNDER THE THE BEST POSSIBLE UNDER THE CIRCUMSTANCESCIRCUMSTANCES.” .”

WHO ARE THE WHO ARE THE STAKEHOLDERS? STAKEHOLDERS?

• PARLIAMENTPARLIAMENT

• GOVERNMENT AND THE GOVERNMENT AND THE

MINISTERSMINISTERS

• COURTSCOURTS

• AGENCIESAGENCIES

• CIVIL SERVANTSCIVIL SERVANTS

• SOCIETY AND SOCIETY AND

• THE COMMON PEOPLE THE COMMON PEOPLE

INDICATORS OF INDICATORS OF EFFECTIVENESSEFFECTIVENESS

• STATISTICAL INFORMATIONSTATISTICAL INFORMATION

• IDENTIFICATION OF NEW PROBLEMSIDENTIFICATION OF NEW PROBLEMS

• SPECIFIC NOTES ABOUT CHANGES IN SPECIFIC NOTES ABOUT CHANGES IN POLICIES, PROCEDURES AND STRUCTURES IN POLICIES, PROCEDURES AND STRUCTURES IN RESPONSE TO CONCERNS THAT HAVE COME RESPONSE TO CONCERNS THAT HAVE COME TO THE OMBUDSMAN OFFICETO THE OMBUDSMAN OFFICE

• ASSESSMENT OF THE EXTENT TO WHICH THE ASSESSMENT OF THE EXTENT TO WHICH THE OMBUDSMAN OFFICE APPROPRIATELY HELPS OMBUDSMAN OFFICE APPROPRIATELY HELPS THE ORGANIZATION IN MEETING THE THE ORGANIZATION IN MEETING THE REQUIREMENTS OF THE SERVICE STANDARDS REQUIREMENTS OF THE SERVICE STANDARDS AND PERFORMANCE TARGETS. AND PERFORMANCE TARGETS.

(CONTED)(CONTED)

• ESTIMATES ABOUT AGENCIES AND OFFICERS ESTIMATES ABOUT AGENCIES AND OFFICERS TIME SAVEDTIME SAVED

• ESTIMATES ABOUT BEING ABLE TO SETTLE ESTIMATES ABOUT BEING ABLE TO SETTLE PROBLEMSPROBLEMS

• STATISTICS ABOUT APPROPRIATE SERVICE TO STATISTICS ABOUT APPROPRIATE SERVICE TO DIFFERENT DEMOGRAPHIC GROUPS WITH THE DIFFERENT DEMOGRAPHIC GROUPS WITH THE ORGANIZATIONORGANIZATION

• INFORMATION GATHERED BY COMPLAINANT INFORMATION GATHERED BY COMPLAINANT AND RESPONDENT SATISFACTION AND RESPONDENT SATISFACTION EVALUATIONS, COMMITTEE REVIEW, EVALUATIONS, COMMITTEE REVIEW, UNSOLICITED FEEDBACK AND/OR GENERAL UNSOLICITED FEEDBACK AND/OR GENERAL ATTITUDE SURVEYS WHICH INDICATE HOW ATTITUDE SURVEYS WHICH INDICATE HOW PEOPLE FEEL ABOUT USING THE OMBUDSMAN PEOPLE FEEL ABOUT USING THE OMBUDSMAN OFFICEOFFICE

• INFORMATION ABOUT GRANTS, NEW RECRUITS INFORMATION ABOUT GRANTS, NEW RECRUITS TO THE ORGANIZATION OR EXPANSION IN TO THE ORGANIZATION OR EXPANSION IN JURISDICTION OR DONORS ATTRACTED BY JURISDICTION OR DONORS ATTRACTED BY WORKWORK

(CONTED)(CONTED)

• PUBLIC RECOGNITION - AWARDS, NEWS PUBLIC RECOGNITION - AWARDS, NEWS

ARTICLES ETC.ARTICLES ETC.

• INFORMATION ABOUT TEACHING AND INFORMATION ABOUT TEACHING AND

TRAINING BY THE OMBUDSMAN WITHIN THE TRAINING BY THE OMBUDSMAN WITHIN THE

ORGANIZATION, INCLUDING, INTERNAL ORGANIZATION, INCLUDING, INTERNAL

COMPLAINT HANDLING, SERVICE CHARTER, COMPLAINT HANDLING, SERVICE CHARTER,

GOOD BEHAVIOUR GUIDE, TRAINING OF GOOD BEHAVIOUR GUIDE, TRAINING OF

OTHER OMBUDSMANOTHER OMBUDSMAN

• SELF SCRUTINY AND SELF-EVALUATION BY SELF SCRUTINY AND SELF-EVALUATION BY

THE OMBUDSMANTHE OMBUDSMAN

• MEMBERSHIP OF THE REGIONAL AND MEMBERSHIP OF THE REGIONAL AND

INTERNATIONAL ORGANIZATIONS AND ROLE INTERNATIONAL ORGANIZATIONS AND ROLE

PLAYED IN THATPLAYED IN THAT

COST-EFFECTIVENESS COST-EFFECTIVENESS ESTIMATES OF OMBUDSMAN ESTIMATES OF OMBUDSMAN

VALUE ADDED + COST CONTROL – OMBUDSMAN VALUE ADDED + COST CONTROL – OMBUDSMAN

MISTAKESMISTAKES

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COSTS OF THE OMBUDSMAN FUNCTIONCOSTS OF THE OMBUDSMAN FUNCTION

FIVE BENEFITS TO THE FIVE BENEFITS TO THE OMBUDSMAN FUNCTIONOMBUDSMAN FUNCTION

• PRODUCTIVITYPRODUCTIVITY

• MANAGEMENT TIME AND OTHER MANAGEMENT TIME AND OTHER

PERSONNEL SAVINGSPERSONNEL SAVINGS

• LEGAL STAFF SALARY SAVINGSLEGAL STAFF SALARY SAVINGS

• MISCELLANEOUS SAVINGS - DATA MISCELLANEOUS SAVINGS - DATA

COLLECTIONCOLLECTION

FACTORS IMPORTANT TO FACTORS IMPORTANT TO OMBUDSMAN EFFECTIVENESSOMBUDSMAN EFFECTIVENESS

• INTERNAL FACTORSINTERNAL FACTORS– FINANCIAL, ADMINISTRATIVE AND FINANCIAL, ADMINISTRATIVE AND

OPERATIONAL AUTONOMY OPERATIONAL AUTONOMY

– TRAINED AND EFFICIENT STAFFTRAINED AND EFFICIENT STAFF

• EXTERNAL FACTORSEXTERNAL FACTORS– RULE OF LAWRULE OF LAW

– INSTITUTIONAL STABILITYINSTITUTIONAL STABILITY

– PEOPLE’S AWARENESS TO THEIR RIGHTSPEOPLE’S AWARENESS TO THEIR RIGHTS

– POLITICAL COMMITMENTPOLITICAL COMMITMENT

– ATTITUDE OF MEDIAATTITUDE OF MEDIA

– SOCIAL ACTIVISIMSOCIAL ACTIVISIM

CHALLENGESCHALLENGES

CHALLENGESCHALLENGES

• PRIVATIZATIONPRIVATIZATION

• OUTSOURCINGOUTSOURCING

• GLOBALIZATIONGLOBALIZATION

• DISTANCE BETWEEN DECISION DISTANCE BETWEEN DECISION MAKING AND DECISION MAKING MAKING AND DECISION MAKING PROCESSPROCESS

• FINANCIAL RESOURCESFINANCIAL RESOURCES

• HUMAN RESOURCES/TRAININGHUMAN RESOURCES/TRAINING

• MOTIVATIONMOTIVATION

RECOMMENDATIONSRECOMMENDATIONS

RECOMMENDATIONSRECOMMENDATIONS• LINKAGE WITH THE PARLIAMENTLINKAGE WITH THE PARLIAMENT

• FUNDAMENTAL RIGHTSFUNDAMENTAL RIGHTS

• CREATING THE POSTS OF DEPUTY MOHTASIBCREATING THE POSTS OF DEPUTY MOHTASIB

• CREATING THE OFFICE OF SERVICE OMBUDSMANCREATING THE OFFICE OF SERVICE OMBUDSMAN

• OMBUDSMEN IN OTHER SECTORS OF THE ECONOMYOMBUDSMEN IN OTHER SECTORS OF THE ECONOMY

• ESTABLISHMENT OF LOCAL GOVERNMENT ESTABLISHMENT OF LOCAL GOVERNMENT OMBUDSMANOMBUDSMAN

• MOHTASIB ROLE IN COMBATING CORRUPTION AND MOHTASIB ROLE IN COMBATING CORRUPTION AND DEALING WITH HUMAN RIGHTDEALING WITH HUMAN RIGHT

• OMBUDSMAN ROLE TO PROMOTE OPEN GOVERNMENTOMBUDSMAN ROLE TO PROMOTE OPEN GOVERNMENT

• IMPROVING THE VISIBILITY OF THE OFFICEIMPROVING THE VISIBILITY OF THE OFFICE

• TEACHING THE CONCEPT OF MOHTASIB FROM TEACHING THE CONCEPT OF MOHTASIB FROM PRIMARY LEVEL OF EDUCATIONPRIMARY LEVEL OF EDUCATION

• TRAINING OF OFFICIALTRAINING OF OFFICIAL

• INTRODUCTION OF INFORMATION TECHNOLOGYINTRODUCTION OF INFORMATION TECHNOLOGY

• APPOINTMENT OF ACTING OMBUDSMAN SHOULD BE APPOINTMENT OF ACTING OMBUDSMAN SHOULD BE RARERARE

THANK YOUTHANK YOU

CONTACT:CONTACT:CIVIL SERVICE REFORMS UNITCIVIL SERVICE REFORMS UNIT(ESTABLISHMENT DIVISION), GOVT. OF PAKISTAN(ESTABLISHMENT DIVISION), GOVT. OF PAKISTANBlock-B, II Floor, Benevolent Fund Building,Block-B, II Floor, Benevolent Fund Building,Islamabad. (Pakistan)Islamabad. (Pakistan)Tele: 92-51-9217152Tele: 92-51-9217152EMAIL: EMAIL: bsyed@hotmail.com / bokhari@policy.huWEB: WEB: www.policy.hu/bokhari

““INSTITUTION TO INVESTIGATE COMPLAINTS CAN ONLY BE INSTITUTION TO INVESTIGATE COMPLAINTS CAN ONLY BE SEEN IN THE CONTEXT OF PUBLIC ADMINISTRATION; HENCE SEEN IN THE CONTEXT OF PUBLIC ADMINISTRATION; HENCE THEIR HISTORY IS ALSO THE HISTORY OF PUBLIC THEIR HISTORY IS ALSO THE HISTORY OF PUBLIC ADMINISTRATION AS A WHOLE. IT GOES BACK TO THE ADMINISTRATION AS A WHOLE. IT GOES BACK TO THE KORAN. IN THE KORAN ITSELF THE TERM ‘ADMINISTRATION’ KORAN. IN THE KORAN ITSELF THE TERM ‘ADMINISTRATION’ IS NOT USED, BUT IN MANY OF ITS VERSES THE PRINCIPLES IS NOT USED, BUT IN MANY OF ITS VERSES THE PRINCIPLES OF POLITICAL AND ADMINISTRATIVE SYSTEM ARE OF POLITICAL AND ADMINISTRATIVE SYSTEM ARE EXPOUNDED. JUSTICE IS ONE OF THE BASIC PRINCIPLES OF EXPOUNDED. JUSTICE IS ONE OF THE BASIC PRINCIPLES OF ISLAMIC IDEOLOGY. ISLAMIC IDEOLOGY.

BEFORE THE TIMES OF PROPHET MUHAMMAD (PBUH) BEFORE THE TIMES OF PROPHET MUHAMMAD (PBUH) THERE WAS NO ADMINISTRATION IN THE PROPER SENSE OF THERE WAS NO ADMINISTRATION IN THE PROPER SENSE OF THE WORD. IT WAS THE PROPHET WHO FIRST INTRODUCED THE WORD. IT WAS THE PROPHET WHO FIRST INTRODUCED ADMINISTRATIVE AUTHORITIES. HE APPOINTED GOVERNORS ADMINISTRATIVE AUTHORITIES. HE APPOINTED GOVERNORS OF THE PROVINCES, JUDGES AND TAX COLLECTORS. THEY OF THE PROVINCES, JUDGES AND TAX COLLECTORS. THEY WERE ALL ACCOUNTABLE TO THE PROPHET. WE HAVE NO WERE ALL ACCOUNTABLE TO THE PROPHET. WE HAVE NO REPORT OF COMPLAINTS ABOUT THESE INSTITUTIONS. AS REPORT OF COMPLAINTS ABOUT THESE INSTITUTIONS. AS ESSENTIAL PRINCIPLES OF GOVERNMENT AND ESSENTIAL PRINCIPLES OF GOVERNMENT AND ADMINISTRATION, THE PROPHET BEQUEATHED TRUST, ADMINISTRATION, THE PROPHET BEQUEATHED TRUST, JUSTICE AND EFFECTIVENESS AS WELL THE COMBINATION JUSTICE AND EFFECTIVENESS AS WELL THE COMBINATION OF AUTHORITY WITH RESPONSIBILITY.OF AUTHORITY WITH RESPONSIBILITY.

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““OUT OF YOUR HOURS OF WORK FIX A TIME FOR OUT OF YOUR HOURS OF WORK FIX A TIME FOR

COMPLAINTS AND FOR THOSE WHO WANT TO APPROACH COMPLAINTS AND FOR THOSE WHO WANT TO APPROACH

YOU WITH THEIR GRIEVANCES. FOR THIS PURPOSE YOU YOU WITH THEIR GRIEVANCES. FOR THIS PURPOSE YOU

MUST ARRANGE PUBLIC AUDIENCE FOR THEM, AND MUST ARRANGE PUBLIC AUDIENCE FOR THEM, AND

DURING THIS AUDIENCE, FOR THE SAKE OF GOD, TREAT DURING THIS AUDIENCE, FOR THE SAKE OF GOD, TREAT

THEM WITH KINDNESS, COURTESY AND RESPECT. DO NOT THEM WITH KINDNESS, COURTESY AND RESPECT. DO NOT

LET YOUR ARMY AND POLICE BE IN THE AUDIENCE HALL AT LET YOUR ARMY AND POLICE BE IN THE AUDIENCE HALL AT

SUCH A TIME SO THAT THOSE WHO HAVE GRIEVANCES SUCH A TIME SO THAT THOSE WHO HAVE GRIEVANCES

AGAINST YOUR GOVERNMENT MAY SPEAK TO YOU FREELY, AGAINST YOUR GOVERNMENT MAY SPEAK TO YOU FREELY,

UNRESERVEDLY AND WITHOUT FEAR. ALL THIS IS A UNRESERVEDLY AND WITHOUT FEAR. ALL THIS IS A

NECESSARY FACTOR FOR YOUR RULE BECAUSE I HAVE NECESSARY FACTOR FOR YOUR RULE BECAUSE I HAVE

OFTEN HEARD THE PROPHET (PEACE OF GOD BE UPON OFTEN HEARD THE PROPHET (PEACE OF GOD BE UPON

HIM) SAYING: “THAT NATION OR GOVERNMENT CANNOT HIM) SAYING: “THAT NATION OR GOVERNMENT CANNOT

ACHIEVE SALVATION WHERE THE RIGHTS OF THE ACHIEVE SALVATION WHERE THE RIGHTS OF THE

DEPRESSED, DESTITUTE AND SUPPRESSED ARE NOT DEPRESSED, DESTITUTE AND SUPPRESSED ARE NOT

GUARDED, AND WHERE MIGHTY AND POWERFUL PERSONS GUARDED, AND WHERE MIGHTY AND POWERFUL PERSONS

ARE NOT FORCED TO ACCEDE TO THESE RIGHTS”.ARE NOT FORCED TO ACCEDE TO THESE RIGHTS”.

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