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2007 Assessment

Tanzania: Integrity Indicators Scorecard

Tanzania: 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?	55
54	Can citizens access the reports of the ombudsman?	50

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 Constitution of the United Republic of Tanzania 1977 Article 130

Commission for Human Rights and Good Governance (CHRAGG) Act Chapter 391

Is the national ombudsman effective?

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

Score:

YES

Comments:

References: Commission for Human Rights and Good Governance (CHRAGG) Act, Chapter 391

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

Score:

100

Comments: The commission is free to deliberate relatively free of influence from the state, but this does not make it more effective, as the government is not bound by its decisions and recommendations. The commission is also operationally encumbered: In 2005, the chairman of the commission, Justice Kisanga, noted that "the lack of institutional cooperation and good faith by the government impeded investigations, as public servants either delayed in answering the commission's letters of inquiry or outright refused to do so."

References: Interview with Helen Kijo Bisimba Director Legal and Human Rights Centre

Legal and Human Rights Centre (LHRC) Report 2006:98

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

Score:

100

Comments: The head of the commission has been free to act critically and independently, but this has had little impact, as the commission's decisions are not binding and have no legal standing

References: Researchers own observations

Peer Review Comments: It is important to note here that, even though an executive may not have acted to the contrary in the past, as the appointing authority and as one without a constitutionally binding term of service, it may be possible for the appointing authority to remove the chair of the commission, reasons not withstanding.

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

Score:

100

Comments: There is only a limited number of qualified staff.

References: Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

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

Score:

100

Comments:

References: Brian Cooksey Sept. 20, 2007 Dar es Salaam, Tanzania

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

Score:

100

Comments: Funding to the commission has declined by 55 percent over the last two years.

References: Policy Forum "What Do the Budget Guidelindes say About Governance and Accountability?" Prebudget Brief 3.07 June 2007

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

Score:

100

Comments:

References: Publications available on the Commission for Human Rights and Good Governance Web site: [ LINK ]

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: In practice, the Commission for Human Rights and Good Governance responds to requests and complaints by the public.

References: Helen Kijo Bisimba Executive Director Legal and Human Rights Centre

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

Score:

100

Comments: In a high profile case against the government, the Commission for Human Rights and Good Governance (CHRGG) in 2005 awarded damages of T Sh 900m to members of a village who were forcefully evicted and had their houses burned. To date, the government has refused to pay, stating that it is not legally required to do so.

References: Legal and Human Rights Centre Human Rights Report 2006 [ LINK ]

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: In a high profile case against the governmentt, the Commission for Human Rights and Good Governance (CHRGG) in 2005 awarded damages of T Sh 900m to members of a village who were forcefully evicted and had their houses burned. To date, the govment has refused to pay, stating that it is not legally required to do so.

References: Legal and Human Rights Centre Human Rights Report 2006 [ LINK ]

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

Score:

100

Comments:

References: Brian Cooksey

Can citizens access the reports of the ombudsman?

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

Score:

YES

Comments: In practice, however, reports are quite accessible.

References: This is not specifically spelled out in the relevant law.

The Constitution of the United Republic of Tanzania 1977 Articler 130

The Commission for Human Rights and Good Governance (CHRAGG) Act Chapter 391

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

Score:

100

Comments:

References: Several interviews

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

Score:

100

Comments:

References: Brian Cooksey