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ADB Technical Assistance forADB Technical Assistance forStrengthening the Asian Strengthening the Asian Ombudsman AssociationOmbudsman AssociationRegional ConferenceRegional Conference

Manila, August 24-25, 2010Manila, August 24-25, 2010

The Role of Ombudsman in The Role of Ombudsman in Improving Public Service Delivery Improving Public Service Delivery

in Pakistanin Pakistanby Tariq Husainby Tariq Husain

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Scope & Methodology—1Scope & Methodology—1Clarification and DefinitionsClarification and Definitions

7 ombudsmen: 3 provincial, 4 Federal. 7 ombudsmen: 3 provincial, 4 Federal. Fed: Wafaqi+3 single mandate (Tax, Fed: Wafaqi+3 single mandate (Tax, Banking & Insurance); 4/7 appointed by Banking & Insurance); 4/7 appointed by military governments, 1983 & 2000military governments, 1983 & 2000

Regarding central theme: stated objective Regarding central theme: stated objective of ombudsmen is not to improve SD of ombudsmen is not to improve SD need to have realistic expectationsneed to have realistic expectations

Services means services provided by line Services means services provided by line agencies, public sector utilities & other agencies, public sector utilities & other orgs within purview of Wafaqi Mohtasib orgs within purview of Wafaqi Mohtasib (WM) & Provincial Ombudsmen(WM) & Provincial Ombudsmen

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Scope & Methodology—2Scope & Methodology—2 More Clarification and DefinitionsMore Clarification and Definitions

Decentralization: federal to provincial Decentralization: federal to provincial (currently) & provincial to local (2001-(currently) & provincial to local (2001-2010)2010)

Agreed methodology: evaluative, restricted Agreed methodology: evaluative, restricted to 3 criteria—relevance, efficiency, to 3 criteria—relevance, efficiency, effectiveness. Not able to answer impact-effectiveness. Not able to answer impact-level questions (Has ombudsman played a level questions (Has ombudsman played a role in improving public services?)role in improving public services?)

Context of SD: includes user satisfaction Context of SD: includes user satisfaction with services, perceptions of corruption, & with services, perceptions of corruption, & outcomes associated with MDGsoutcomes associated with MDGs

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Scope & Methodology—3Scope & Methodology—3CClarification and Contradiction!larification and Contradiction!

2 somewhat different views for 2001 onward:2 somewhat different views for 2001 onward: 2008 analysis: country lagging on 25 of 34 2008 analysis: country lagging on 25 of 34

MDG targets. Caution: pervasive inequalities; MDG targets. Caution: pervasive inequalities; elite capture thru local governmentselite capture thru local governments

2010 social audit: Devolution was good—user 2010 social audit: Devolution was good—user satisfaction with services better than before; satisfaction with services better than before; but also shows that massive dissatisfaction but also shows that massive dissatisfaction prevails across all sectorsprevails across all sectors

2010: TI reports continuing frustration with 2010: TI reports continuing frustration with corruption. Most corrupt in 2010: police, power corruption. Most corrupt in 2010: police, power supply, supply, land administration, education, local land administration, education, local government & judiciarygovernment & judiciary

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Framework of Accountability in SDFramework of Accountability in SDWDR 2004: Making Services Work for Poor PeopleWDR 2004: Making Services Work for Poor People

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Ombudsmen Institutions in Pakistan—1Ombudsmen Institutions in Pakistan—1Role and ObjectivesRole and Objectives

Role of ombudsman in SD, in conceptual Role of ombudsman in SD, in conceptual terms: contribute thru long route—enhance terms: contribute thru long route—enhance voice (individual level), & influence compact voice (individual level), & influence compact for SD (systemic change)—if supported by for SD (systemic change)—if supported by other accountability institutions other accountability institutions

Stated rationale/primary objective: address Stated rationale/primary objective: address maladministration, defined comprehensively maladministration, defined comprehensively in statutes in statutes AccountabilityAccountability

Secondary objective: address root causes Secondary objective: address root causes (presumably including systemic causes) of (presumably including systemic causes) of corruption & injustice, thru research & corruption & injustice, thru research & recommendations recommendations ReformReform

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Ombudsmen Institutions in Pakistan—2Ombudsmen Institutions in Pakistan—2Systemic Issues and OverlapSystemic Issues and Overlap

Ombudsmen address systemic issues in 3 Ombudsmen address systemic issues in 3 ways: changing a rule based on individual ways: changing a rule based on individual complaint; or on series of complaints from complaint; or on series of complaints from a group; & researcha group; & research

No overlap between single-mandate & No overlap between single-mandate & other ombudsmen, or federal & provincial other ombudsmen, or federal & provincial ombudsmenombudsmen

Overlap between WM & regulatory bodies: Overlap between WM & regulatory bodies:

some with Pak Telecom Authoritysome with Pak Telecom Authority

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Ombudsmen Institutions in Pakistan—3Ombudsmen Institutions in Pakistan—3Overlap and GapsOverlap and Gaps

much more with the National Elect Power much more with the National Elect Power Reg Authority & Oil and Gas Reg Authority Reg Authority & Oil and Gas Reg Authority (OGRA) – areas of power & gas supply(OGRA) – areas of power & gas supply

Problems: reg bodies not as well equipped Problems: reg bodies not as well equipped as WM to investigate/redress complaints; as WM to investigate/redress complaints; nobody has the authority to resolve nobody has the authority to resolve conflicting decisions; reg bodies, in conflicting decisions; reg bodies, in general, not supposed to redress general, not supposed to redress individual grievancesindividual grievances

Gaps in ombudsmen’s coverage of SD: Gaps in ombudsmen’s coverage of SD: None at provincial level; one at federal None at provincial level; one at federal level—PTCL (telephone op)level—PTCL (telephone op)

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Main Findings: Relevance—1Main Findings: Relevance—1Good and Bad AspectsGood and Bad Aspects

Institution of enduring relevance in PakistanInstitution of enduring relevance in Pakistan Maladministration defined comprehensivelyMaladministration defined comprehensively Root causes of corruption and injustice: Root causes of corruption and injustice:

statutes limited to research/recommend. statutes limited to research/recommend.

Q: How to capacitate ombudsmen?Q: How to capacitate ombudsmen? Need to remove overlap between WM & reg Need to remove overlap between WM & reg

bodies; or set up specialized ombudsmanbodies; or set up specialized ombudsman Implementation approach: bureaucratic Implementation approach: bureaucratic

expansion cannot be country-wide model expansion cannot be country-wide model

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Main Findings: Relevance—2Main Findings: Relevance—2This is about Synergy and LinkagesThis is about Synergy and Linkages

WM collaborating with govt. agencies to:WM collaborating with govt. agencies to: strengthen internal redress systemsstrengthen internal redress systems complaints coming to ombudsmancomplaints coming to ombudsman free up resources to focus on systemic free up resources to focus on systemic

issuesissues UNDP: in-depth look at problems & solutions UNDP: in-depth look at problems & solutions

for 5 federal agencies; providing TAfor 5 federal agencies; providing TA UNICEF: mainstreaming children’s concernsUNICEF: mainstreaming children’s concerns WM linkages with civil society: Advisory WM linkages with civil society: Advisory

Committee, Policy Dialog Forum, Citizens’ Committee, Policy Dialog Forum, Citizens’ Report Card for feedbackReport Card for feedback

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Main Findings: EffectivenessMain Findings: EffectivenessGood Accountability … Surprising ReluctanceGood Accountability … Surprising Reluctance

Ombudsman has lived up to its brand name Ombudsman has lived up to its brand name for a large number of people in the countryfor a large number of people in the country

Maladministration: Ombudsmen popular & Maladministration: Ombudsmen popular & vigorous institutions of accountabilityvigorous institutions of accountability

Special focus on children; similar attention to Special focus on children; similar attention to women not yet evident (Why?)women not yet evident (Why?)

Little attention to corruption—understandableLittle attention to corruption—understandable Systemic issues: recent initiatives promising, Systemic issues: recent initiatives promising,

but surprising reluctance to study & address but surprising reluctance to study & address root causes of corruption root causes of corruption

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Main Findings: IndependenceMain Findings: IndependenceNot Parliamentary, but Quite IndependentNot Parliamentary, but Quite Independent

Ombudsman has fixed, non-renewable Ombudsman has fixed, non-renewable term; removal only after recourseterm; removal only after recourse

Free to recruit staff, reject deputationistsFree to recruit staff, reject deputationists Free to issue reports without approvalFree to issue reports without approval Provinces free to have own statutesProvinces free to have own statutes

Issues:Issues: Appointment by individual, non-Appointment by individual, non-

transparenttransparent No concept of deputy ombudsmanNo concept of deputy ombudsman Limited flexibility in budgetary mattersLimited flexibility in budgetary matters

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Revisiting the Legal FrameworkRevisiting the Legal FrameworkWhy Live with Outmoded Laws?Why Live with Outmoded Laws?

Could be parliamentary, Could be parliamentary, selected by/reporting selected by/reporting to an assembly or bipartisan committee of itto an assembly or bipartisan committee of it

Would bring ombudsman closer to elected Would bring ombudsman closer to elected reps/policy makers, who shape compact with reps/policy makers, who shape compact with service providers; service providers; shorter route to accountabilityshorter route to accountability

Metropolitan ombudsmen may be justifiedMetropolitan ombudsmen may be justified Systemic issues need greater emphasis, Systemic issues need greater emphasis,

additional instruments in legal frameworkadditional instruments in legal framework Reg bodies should not deal with individual Reg bodies should not deal with individual

complaints; electricity & gas ombudsmen complaints; electricity & gas ombudsmen may be justified may be justified

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New Strategic DirectionsNew Strategic DirectionsJoin Mainstream DevelopmentJoin Mainstream Development

Compelling reasons for new directionsCompelling reasons for new directions Focus more on specific target groups, Focus more on specific target groups,

particularly the vulnerableparticularly the vulnerable Reflect rights-based approach in mission. Reflect rights-based approach in mission.

Gives clarity: every group of rights holders Gives clarity: every group of rights holders (eg, children) has different duty bearers(eg, children) has different duty bearers

Incorporate support for MDGs in objectivesIncorporate support for MDGs in objectives—this would place ombudsman in the —this would place ombudsman in the mainstream of development, raise the mainstream of development, raise the profileprofile

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New Operational DirectionsNew Operational DirectionsReach Out, Spread Your WingsReach Out, Spread Your Wings

Realistic implementation approach to make Realistic implementation approach to make ombudsman much more accessible: offices ombudsman much more accessible: offices are fine but networks are essentialare fine but networks are essential

Consider CSOs, CBOs & social workers as Consider CSOs, CBOs & social workers as potential partnerspotential partners—to spread awareness at grass —to spread awareness at grass roots, facilitate access to ombudsman & even roots, facilitate access to ombudsman & even conciliate between parties far from ombudsman conciliate between parties far from ombudsman officesoffices

Introduce service standards, KPIs & CMIS Introduce service standards, KPIs & CMIS like the WMlike the WM

Propose systemic solutions to widespread Propose systemic solutions to widespread corruption; knowledge is availablecorruption; knowledge is available