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2009 Assessment

Jordan: Integrity Indicators Scorecard

Jordan: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
55	In law, 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?	57
57	Can citizens access the reports of the ombudsman?	33

Indicator and sub-Indicator Details

In law, 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: It is the Office of the Ombudsman.

References: Office of the Ombudsman Law #11/2008, Article #8 [ LINK ]

Is the national ombudsman effective?

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

Score:

YES

Comments: The law doesn't provide the Ombudsman with full protection from political interference since he/she is nominated by the prime minister, and the cabinet hires him/her for a period of four years, with the possibility of a second term mandate.

References: Office of the Ombudsman Law #11/2008, Article #8 [ LINK ]

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

Score:

100

Comments: The law of the Ombudsman Office puts restrictions on the process of removing the ombudsman. However, the ombudsman is nominated by the prime minister, hired by the cabinet for a period of 4 years, with the possibility of a second mandate. The office of Ombudsman started its activity six months ago, and it is now busy dealing basically with administrative cases -- i.e. complaints related to government services and low level government officials. Such cases usually are not accompanied by political interferences. On the other hand, political interference is very common in Jordan and it appears starting from mid-level officials and going up.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009 Interview with Mohammad Abu Rumman, Journalist, Editor, Alghad daily newspaper, Amman, Alghad Newspaper Headquarters, Jan. 5, 2009 Alghad daily, [ LINK ]

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

Score:

100

Comments: There have been no such situations yet; however, a previous practice of a similar institution shows the possibility of removal of the head of an independent government body without relevant justification.

References: Interview with Fahd Alkhitan, Alarab Alyawm Daily, Editor, Sept. 30, 2009

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

Score:

100

Comments: There is a shortage of employees necessary to handle the increasing number of cases and citizens' complaints to the office.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009

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

Score:

100

Comments: Personal relations usually play a role in officer appointments.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009

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

Score:

100

Comments: All government organizations receive regular funding.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009 Law of the Ombudsman Office #11/2008, Article 13 a-4, [ LINK ]

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

Score:

100

Comments: Based on the Ombudsman Office Law, the ombudsman should submit the annual report to the prime minister, who is then responsible to provide MPs with it. It is not mentioned anywhere that reports have to be made public.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009 Law of the Ombudsman Office #11/2008, [ LINK ]

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 Office of the Ombudsman can issue recommendations to a government authority in response to complaints and indicate cases in the annual report submitted to the prime minister.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009 Law of the Ombudsman Office #11/2008, Article 20, [ LINK ]

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

Score:

100

Comments: The Office of Ombudsman can issue recommendations to a government authority in response to complaints and indicate cases in the annual report submitted to the prime minister.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009 Law of the Ombudsman Office #11/2008, Articles 14-18, [ 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 office has not submitted any report to the prime minister as indicated in its law. Related to cases, it contacts a government authority to try to find out the validity of a complaint, then sends its recommendations to this authority. Various government authorities show positive cooperation with the office.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009

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

Score:

100

Comments: The response time depends on the intensity of cases, the number of officers at the office, and the number of times correspondence is exchanged with the related authority. This might take up to six months or even and more.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009

Can citizens access the reports of the ombudsman?

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

Score:

YES

Comments: Reports are not made publicly accessible, but they might be requested based on the Right of Access to Government Information Law.

References: The Right of Access to Government Information Law #47/2007 stipulates that citizens have the right to access written, recorded, and photographed government information and basic government records.

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

Score:

100

Comments: The office has not issued any report yet.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009

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

Score:

100

Comments: The office has not issued any report yet.

References: Interview with Abdel Elah Alkurdi, the National Ombudsman, Oct. 1, 2009