NCJ Number
59942
Journal
INTERNATIONAL COMMISSION OF JURISTS REVIEW Issue: 21, Dated: (DECEMBER 1978) Pages: 37-42
Date Published
1978
Length
6 pages
Annotation
THE INSTITUTION OF THE OMBUDSMAN IS DISCUSSED; POWERS, JURISDICTION, CONFIDENTIALITY, POPULARIZATION, AND ADVANTAGES OF THE INSTITUTION ARE HIGHLIGHTED, AS WELL AS COUNTRIES WHERE THE INSTITUTION IS PREVALENT.
Abstract
FOR THE ORDINARY CITIZEN THE OMBUDSMAN REPRESENTS AN OPPORTUNITY WITHIN THE CITIZEN'S REACH TO AIR HIS GRIEVANCES AGAINST AUTHORITY, AND TO HAVE THEM SYMPATHETICALLY INVESTIGATED ON HIS BEHALF. WITHIN THE LAST 30 YEARS, TO MEET THE NEED FOR REMEDYING SEEMING INJUSTICES MANY COUNTRIES HAVE ADOPTED OMBUDSMAN INSTITUTIONS. ORIGINATING IN SWEDEN EARLY IN THE 19TH CENTURY, THE OMBUDSMAN IS AN INDEPENDENT AND NONPARTISAN OFFICER, OFTEN PROVIDED FOR IN THE CONSTITUTION, WHO SUPERVISES THE ADMINISTRATION. HE DEALS WITH SPECIFIC COMPLAINTS FROM THE PUBLIC AGAINST ADMINISTRATIVE INJUSTICE AND 'MALADMINISTRATION.' HE HAS THE POWER TO INVESTIGATE, REPORT UPON, AND MAKE RECOMMENDATIONS ABOUT INDIVIDUAL CASES AND ADMINISTRATIVE PROCEDURES. THE OMBUDSMAN, SOMETIMES REGARDED AS A MAINLY ANGLOSAXON INSTITUTION, HAS SPREAD MORE RAPIDLY IN COMMON LAW COUNTRIES. HOWEVER, MANY DEVELOPING COUNTRIES, INCLUDING TANZANIA, ZAMBIA, AND NIGERIA HAVE ADOPTED THE INSTITUTION. A COMPLAINT FOR OMBUDSMAN INVESTIGATION MAY BE MADE BY ANY AGGRIEVED PERSON; IT MAY BE MADE IN WRITING OR IN AN INFORMAL INTERVIEW. THE OMBUDSMAN'S JURISDICTION IS GENERALLY SWEEPING IN SCOPE. HOWEVER, JUDICIAL DECISIONS OR PROCEEDINGS INSTITUTED BEFORE A COURT ARE USUALLY EXEMPT FROM JURISDICTION. IN MOST COUNTRIES, FULL POWERS OF INVESTIGATION ARE GRANTED. THE OMBUDSMAN IS NOT VESTED WITH ANY TYPE OF ENFORCEMENT POWERS. CONFIDENTIALITY IS OBSERVED BY MOST OMBUDSMAN INSTITUTIONS; COMPLAINANT'S IDENTITY WILL NOT BE REVEALED WITHOUT CONSENT. AN IMPORTANT PART OF THE OMBUDSMAN'S TASK IS TO KEEP THE PUBLIC INFORMED OF HIS ACTIVITIES IN AN EFFORT TO STIMULATE MORE REFERENCES OF COMPLAINTS. THE OMBUDSMAN'S ROLE COULD BE SUCCESSFULLY EXPANDED TO INCLUDE PERIODIC EXAMINATION OF ADMINISTRATIVE PROCEDURES WITHIN GOVERNMENT TO HELP MAKE PROCEDURES FAIRER. (LWM)