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2008 Assessment

Solomon Islands: Integrity Indicators Scorecard

Solomon Islands : 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?	75
57	Can citizens access the reports of the ombudsman?	92

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:

References: Constitution of Solomon Islands, 1978, Chapter IX, [ LINK ]

Ombudsman (Further Provisions) Act, Cap 88, Laws of the Solomon Islands, 1996 Consolidation, [ LINK ].

Is the national ombudsman effective?

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

Score:

YES

Comments: The conditions of appointment and removal afford some degree of protection from political interference:

'(1) There shall be an Ombudsman, whose office shall be a public office. (2) The Ombudsman shall be appointed by the Governor-General, acting in accordance with the advice of a committee consisting of the Speaker, the Chairman of the Public Service Commission and the Chairman of the Judicial and Legal Service Commission....

... (6) The Ombudsman may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the procedure for the removal of a judge of the High Court as set out in subsections (4) to (7) of section 80 of this Constitution.' [Constitution of Solomon Islands, 1978, Chapter IX, S. 96. (1) , (2) & (6)].

'In the discharge of his functions the Ombudsman shall not be subject to the direction or control of any other person or authority and no proceedings of the Ombudsman shall be called in question in any court of law'. [Constitution of Solomon Islands, 1978, Chapter IX, S. 98 (1)].

References: Constitution of Solomon Islands, 1978, Chapter IX, S. 96. S. 98, [ LINK ]

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

Score:

100

Comments: Relations between the Ombudsman's Office and the government have improved markedly over 2008, after an earlier experience of political interference. However, there remains confusion about whether the Ombudsman's Office is answerable to Parliament or government, and there is sometimes poor responsiveness from within the executive to investigations.

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

Acting Attorney General v Poraiwai , Court of Appeal, Solomon Islands, July 18, 2008, An appeal on a case brought under the 2006-7 government of Manasseh Sogavare in relation to an effort by government to prevent Ombudsman Joe Porowai from taking up his position. Mr Porowai ultimately won and became Ombudsman. [ LINK ]

Peer Review Comments: I think that in the last 12 months the Ombudsman has demonstrated independence worthy of a stronger rating.

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

Score:

100

Comments:

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

Peer Review Comments: Th Ombudsman is in office for a period of 5 years. Section 96(6) of the Constitution of Solomon Islands states that "The Ombudsman may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehavior and shall not be so removed except in accordance with the procedure for the removal of a judge as set out in subsections (4) to (7) of section 80 of this Constitution."

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

Score:

100

Comments:

References: Radio Australia, Pacific Beat, 'Solomon Islands Ombudsman faces challenges', Feb. 4, 2009 Ombudsman Joe Poraiwai details limitations as regards staffing, and particularly investigative staff, and office space. [ LINK ]

Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

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

Score:

100

Comments: There has been an improvement in 2008-9, but Public Service Commission consultation with the Ombudsman has often been limited both as regards terminations and appointments.

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

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

Score:

100

Comments: Their budgetary allocation comes through the Prime Minister's Office, and is therefore vulnerable to shifting priorities. It is, however, debatable whether the office needs to be independently financed.

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

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

Score:

100

Comments: Reports of investigations are not put on the public record, only copies of the reports to Parliament.

References: Ombudsman, Special Report to Parliament, for the period Sept. 1, 2006 to July 31, 2008.

Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

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:

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

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

Score:

100

Comments: There are some coercive powers (e.g. fines) but in practice the Ombudsman's office usually simply asks for maladministration to be corrected and tries to rectify the situation. In practice, fines are not imposed.

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

Peer Review Comments: The Ombudsman only has recommendatory powers. The fines referred to, are only the result of failure to abide by an ombudsman requirement, e.g. to provide information, and the matter must be brought before the courts

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: Sometimes there is a reluctance to cooperate with ongoing investigations; responsiveness to actual findings is less problematic.

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

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

Score:

100

Comments:

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

Can citizens access the reports of the ombudsman?

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

Score:

YES

Comments: Yes - in the indirect sense that the annual report is made available to Parliament and as such becomes available on the public record.

'The Ombudsman shall make an annual report and may make such additional reports to Parliament as he deems appropriate concerning the discharge of his functions, and may draw attention to any defects which appear to him to exist in the administration or any law.' [Constitution of Solomon Islands, 1978, S. 98, (3)]

References: Constitution of Solomon Islands, 1978, [ LINK ]

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

Score:

100

Comments: The reports tabled in Parliament are accessible within a reasonable time period. Investigative reports are not. The latter are normally circulated to cabinet or to the agency concerned for action.

References: Joe Porowai, Ombudsman, Interview, May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara

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

Score:

100

Comments: Once on the public record (i.e. tables in Parliament), reports are available for free.

References: Joe Porowai, Ombudsman, Interview May 11, 2009, Honiara

Rohan Anderson, Adviser, Ombudsman's Office, Interview, May 11, 2009, Honiara