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2008 Assessment

Iraq: Integrity Indicators Scorecard

Iraq: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
56	Is the national ombudsman effective?	50
57	Can citizens access the reports of the ombudsman?	50

Indicator and sub-Indicator Details

Is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

55: In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?

Score:

YES

Comments: These offices are ineffective and usually are not able to follow up on cases after starting an investigation.

References: The Committee for Public Integrity.

The Board of Supreme Audit.

There are general inspection offices in every ministry.

www.bsairaq.net.

Is the national ombudsman effective?

56a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments:

References: Testimony, Radhi Al-Radhi, U.S. House Government Oversight Committee, [ LINK ] (Oct. 4, 2007).

Peer Review Comments: In practice, no one can protect the ombudsman from political interference.

56b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments: After Radhi's departure, the ombudsman's office has become more partisan.

The set of agencies entrusted with investigating government actions on behalf of ordinary citizens - the Inspector General (IG) within the ministries along with the BSA and CPI - are not immune from political interference. The Prime Minister's Office has undermined their independence, although it is more difficult to gauge the level of interference in the IGs. One example comes from the selection of personnel and leadership of these agencies, which is frequently politicized and therefore weakens the legitimacy of their investigations (Iraq Corruption Report). Furthermore, those inspectors who have carried out their responsibilities and pursued investigations have been dismissed by the Prime Minister (NY Times).

References: [ LINK ].

"'Classified' Iraq Corruption Report posted online": [ LINK ]

Iraq Corruption Report: [ LINK ]

NY Times (November 17, 2008): [ LINK ]

Peer Review Comments: Everything is ruled by political parties.

56c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments: Although, by law, these officials are protected, in practice it is different. Judge Al-Radhi's life was threatened and he had to accept the offer to leave Iraq. The threat to the ombudsman does not necessarily come from other officials, but could come from political groups. The fear of reprisal from al-Qaeda or the Mahdi Army is a good example.

References: [ LINK ].

The New York Times has a useful summary of the firings of many key inspectors general: [ LINK ]

56d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: Testimony, Radhi Al-Radhi, [ LINK ] (Oct. 4, 2007).

56e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments: The set of agencies entrusted with investigating government actions on behalf of ordinary citizens - the Inspector General (IG) within the ministries along with the BSA and CPI - are not immune from political interference. The Prime Minister's Office has undermined their independence. The selection of agency personnel and leadership is frequently politicized and has therefore weakened the legitimacy of their investigations (Iraq Corruption Report). Furthermore, those inspectors who have carried out their responsibilities and pursued investigations independent of personal/party loyalties have recently been dismissed by the Prime Minister (NY Times).

References: Testimony, Radhi Al-Radhi, [ LINK ] (Oct. 4, 2007).

"'Classified' Iraq Corruption Report posted online": [ LINK ]

Iraq Corruption Report: [ LINK ]

NY Times (November 17, 2008): [ LINK ]

56f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: CPA order 2004.

Interview with former Prime Minster Allawi.

56g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: The Integrity Commission, which plays the role of ombudsman, should present an annual report on its activities to the Council of Ministers and Parliament who should respond within three months if they have any objections; otherwise, the report will be published. This process was implemented in 2005 only; no report has been made since then.

References: Interview with Judge Radhi (Nov. 12, 2008).

56h: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) initiates investigations.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency aggressively starts investigations -- or participates fully with cooperating agencies\' investigations -- into judicial misconduct. The agency is fair in its application of this power. <p>50 Score Criteria: The agency will start or cooperate in investigations, but often relies on external pressure to set priorities, or has limited effectiveness when investigating. The agency, though limited in effectiveness, is still fair in its application of power. <p>0 Score Criteria: The agency rarely investigates on its own or cooperates in other agencies\' investigations, or the agency is partisan in its application of this power.$

Comments: The agencies (such as the Commission for Public Integrity, the Board of Supreme Audit, and the general inspection offices) do work on those issues and try to impose some penalties. However, they are usually influenced by partisanship and unable to pursue high-ranking officials.

References: Al-Mada newspaper, [ LINK ].

56i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

References: Al-Mada newspaper, [ LINK ].

56j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

$Scoring Criteria :: 100 Score Criteria: Ombudsman\'s reports are taken seriously, with negative findings drawing prompt corrective action. <p>50 Score Criteria: In most cases, ombudsman\'s reports are acted on, though some exceptions may occur for politically sensitive issues, or particularly resistant agencies. <p>0 Score Criteria: Ombudsman\'s reports are often ignored, or given superficial attention. Ombudsman's reports do not lead to policy changes.$

Comments: The Commission on Public Integrity is usually influenced by the corrupt politicians of corruption who may even be the head of it.

Judge Radhi AlRadhi had to leave the country because of threats against his life.

References: Al-Sharqiya program, [ LINK ].

Testimony, Judge Radhi Al-Radhi, U.S. House Oversight Committee, [ LINK ] (Oct. 4, 2007).

56k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: "Anti-Corruption Activities Not Successful," Annabaa News Network, www.annabaa.org/nbanews/66/289.htm/.

Can citizens access the reports of the ombudsman?

57a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments: However, the reports are usually out of date.

References: The Board for Supreme Audit (BSA), www.bsairaq.net/pages/r1-o.htm.

57b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: However, the ombudsman reports are usually out of date.

References: The Board for Supreme Audit (BSA), www.bsairaq.net/pages/r1-o.htm.

57c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments: However, the ombudsman reports are usually delayed or out of date. Again in theory yes, but not in practice.

References: The Board for Supreme Audit (BSA), www.bsairaq.net/pages/r1-o.htm.

Peer Review Comments: Citizens can access the reports of the ombudsman at a reasonable cost. There maybe no cost when the ombudsman publishes the reports on the Internet.