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2007 Assessment

Pakistan: Integrity Indicators Scorecard

Pakistan: Integrity Scorecard Report > Sub-Category: National Ombudsman
Indicators		Score
52	In law, is there a national ombudsman, public protector or equivalent agency (or collection of agencies) covering the entire public sector?	100
53	Is the national ombudsman effective?	68
54	Can citizens access the reports of the ombudsman?	67

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?

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

Score:

YES

Comments:

References: The agency is Wafaqi Mohtasib (National Ombudsman).

Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: The Institution of Ombudsman was brought into being through the Establishment of the Office of Wafaqi Mohtasib (Ombudsman) Order, 1983 (President's Order No. 1 of 1983), which is now a part of the Constitution of the Islamic Republic of Pakistan by virtue of Article 270-A. It started functioning on 8th August, 1983. Wafaqi Mohtasib aims to investigate, redress and rectify any injustice done to a person through mal-administration on the part of a Federal Agency or a Federal Government Official. The primary objective of the office is to institutionalize a system for enforcing administrative accountability. The National Accountability Bureau (NAB) has a legal mandate to address corruption issues.

Is the national ombudsman effective?

53a: In law, the ombudsman is protected from political interference.

Score:

YES

Comments: No one can influence the decisions of the national ombudsman.

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: According to the Charter of the Wafaqi Mohtasib (Ombudsman), [he] is protected from political influence but this is not true in practice.

53b: In practice, the ombudsman is protected from political interference.

Score:

100

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: 1-[ LINK ]

Corrupt politicians given a clean slate NAB powers clipped; all cases before Oct 12, 1999 stand withdrawn; no sitting MP can be arrested directly; president promulgates National Reconciliation Ordinance

2-[ LINK ]

After this act, how can we say that the ombudsman is protected from political interference?

Peer Review Comments: The ombudsman is appointed by the executive and often is a man whom the government trusts. People in Pakistan have little faith in this office.

Peer Review Comments: In pratice, there is no fix/equal procedure. The Ombudsman cannot investigate the armed forces or the judiciary. Few prominent figures have been convicted. Government interference has made the agency hesitant to go to trial; mostly the Ombudsman is used to control the opposition party leadership and to give leverage in political bargaining to the ruling party.

53c: In practice, the head of the ombudsman agency/entity is protected from removal without relevant justification.

Score:

100

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: The specific criteria exists but most high level appopinments are on the basis of connection with established power. In the case of removal, the government tries to justify its actions. Official and unofficial pressure is often excercised.

53d: In practice, the ombudsman agency (or agencies) has a professional, full-time staff.

Score:

100

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

53e: In practice, agency appointments support the independence of the ombudsman agency (or agencies).

Score:

100

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: [ LINK ] The Oath of Judges Order 2000 was issued by then Chief Executive of Pakistan General Pervez Musharraf in January 2000. It required the judges to take a fresh oath of office swearing allegiance to military rule. Judges must swear that they will make no decisions against the military rule. Many judges including Chief Justice Saeeduzzaman Siddiqui and 13 Supreme Court judges including Justice Nasir Aslam Zahid refused to take the fresh oath and all of them were dismissed by General Musharraf" 2-[ LINK ]

The appointment of the ombudsman is always made from judges or retired judges and if judges must meet this criteria, then it is difficult for them to maintain independence.

Peer Review Comments: The office has little credibility. Not many people go there for redress of complaints.

Peer Review Comments: In recent years, government favoritism is common.

53f: In practice, the ombudsman agency (or agencies) receives regular funding.

Score:

100

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: The agency has a regular source of funding from the government.

53g: In practice, the ombudsman agency (or agencies) makes publicly available reports.

Score:

100

Comments: Annual reports of the Ombudsman office are submitted to the president of Pakistan, plus other reports when and where required.

References: The reports of the Wafaqi Mohtasib (Ombudsman) are available to average citizens online. However, some reports could not be accessed by average citizens.

[ LINK ]

Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: Annual reports are avaliable on the Web site.

53h: 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: Defence, services matters, provincial matters and private matters are out of the purview of the ombudsman.

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: The agency has formal procedures for investigations but at the same time the staff of Wafaqi Mohtasib (Ombudsman) Pakistan discourages people who wish to submit complaints. Most people consider it useless to complain about govermental institutions.

53i: In practice, when necessary, the national ombudsman (or equivalent agency or agencies) imposes penalties on offenders.

Score:

100

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: In practice this is not the case. Lower management tends to be caught and only their cases were investigated. For the last 60 years all politican's families are in their "family seats" and enjoying the powers that attend those.

53j: In practice, the government acts on the findings of the ombudsman agency (or agencies).

Score:

100

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

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: 1-[ LINK ]

2-[ LINK ]

The information disclosed by politicans makes evident that the government does not act on behalf of the ombudsman agency; rather the government uses the ombudsman agency for its own purpose.

3- [ LINK ]

Peer Review Comments: Though the agency has sufficient power under law, governmental involvement creates hindrances in executing its mandate; in practice, the agency cannot independently initiate its own investigations.

53k: In practice, the ombudsman agency (or agencies) acts on citizen complaints within a reasonable time period.

Score:

100

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: 1-[ LINK ]

2-[ LINK ]

The information disclosed by politicans makes evident that the government does not act on behalf of the ombudsman agency; rather the government uses the ombudsman agency for its own purpose.

3- [ LINK ]

Peer Review Comments: The agency tends to sit on complaints and their reaction time is very slow.

Peer Review Comments: The first action of an inquiry is started immediately, within couple of weeks of the complaint being filed. Then remainder of the process is slow. Complaints may take more than two months to be acted upon and the complainer is discouraged by agency staff. Meanwhile, the office against which the complaint is filed can manipulate or change the record and most of the time the result of filing a complaint is disappointment.

Can citizens access the reports of the ombudsman?

54a: In law, citizens can access reports of the ombudsman(s).

Score:

YES

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: Publication and reports can be approched from the Web site ([ LINK ])

54b: In practice, citizens can access the reports of the ombudsman(s) within a reasonable time period.

Score:

100

Comments: This is possible within a month, with the permission of all investigation members of the Ombudsman Office.

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: It is possible for citizens to access the ombudsman's office, but it is very difficult to manage.

54c: In practice, citizens can access the reports of the ombudsman(s) at a reasonable cost.

Score:

100

Comments:

References: Interview with Naqib Khan, assistant registrar, Ombudsman Office, Peshawar

Peer Review Comments: Annual reports and some publications can be found free of cost on the Web site ([ LINK ]).