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2009 Assessment

Uganda: Integrity Indicators Scorecard

Uganda: 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?	59
57	Can citizens access the reports of the ombudsman?	83

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:

References: The Ombudsman functions are vested in the Inspectorate of Government under Article 225 (1) of the Constitution and section 8 of the IGG Act, 2002, which in particular mandates the Inspectorate of Government to promote and foster strict adherence to the rule of law and principles of natural justice in administration.

Is the national ombudsman effective?

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

Score:

YES

Comments:

References: Section 10 of the Inspector General of Government Act, 2002; The Inspectorate shall be independent in the performance of its functions and shall not be subject to the direction or control of any person or authority and shall only be responsible to Parliament.

Article 227 of the Constitution of Uganda; The Inspectorate of Government is an independent body that reports and is only answerable to Parliament.

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

Score:

100

Comments: Political interference is reported to be minimal, particularly from the executive. What is experienced, however, are indirect influences through threats by some ministers, often those under investigation.

References: Interview with Simon Opolot Okwalinga, Principal Inspectorate Officer/Head Media, Communications and Public Relations Unit, Aug. 25, 2009

Peer Review Comments: The president has a say in the appointment of the Inspector General of Government (IGG). He handles the appointments and this makes bias a possibility.

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

Score:

100

Comments: The recent constitutional ruling requiring the IGG to undergo parliamentary vetting, to retain her position as IGG provided a clear test on how the IGG can be removed. Faith Mwondha's refusal to go through a parliamentary approval for her re-appointment led to the president relieving her of her duties and appointing Mr. Rapheal Baku as Acting IGG.

References: The Independent, July 17, 2009 The Daily Monitor, July 17, 2009

Peer Review Comments: The Parliament could organize the removal of the Inspector General of Government (IGG).

Peer Review Comments: The ombudsman cannot be removed unless his or her fixed term expires or there is a strong justification. The above-cited example by the researcher was a formal process for all appointees of high offices which Faith Mwondha refused to go through. Even the courts of law agreed that it was constitutional for an official to be vetted by Parliament even when being reappointed.

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

Score:

100

Comments: The IGG has limited staff right from the top to the lower level officials.

On Aug. 4, 2009, while appearing before the legal and parliamentary affairs committee of Parliament to discuss the budget and funding gaps, Rapheal Baku, the Acting IGG called on gGovernment to expedite the appointment of a substantive IGG and two deputies. He further added that attracting, recruiting and retaining qualified staff is a challenge, sighting poor remuneration as the cause for the high turnover of staff, especially lawyers and accountants.

The Inspectorate has 13 regional offices and ideally each is supposed to have at least six investigative staff. Presently, however, regional officials have only three investigative staff. This is coupled with a high turnover, estimated at an average of between five to 10 people per year.

References: The New Vision, Aug. 5, 2009 Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: Staffing of the Inspector General of Government (IGG) is limited.

Peer Review Comments: The Inspector General of Government (IGG) office has limited staff and this may affect its ability to fulfill its mandate.

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

Score:

100

Comments: The appointments process promotes independence of the institution. As appointment is made by the president and approved by Parliament, it makes the institution accountable not only to the president but also the Parliament.

The recent removal of the IGG from office for refusing to appear before Parliament for vetting despite re-appointment by the president is evidence of how involvement of Parliament in the approval process ensures independence.

References: The New Vision, and Daily Monitor, August 2009 Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: The president's involvement often creates bias.

Peer Review Comments: Only those thought to be sympathizing with the ruling party may be appointed to such high offices despite the need for Parliamentary approval.

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

Score:

100

Comments: The funding is not sufficient and has been reducing over the past three years. For example in 2007-2008 year, the institution received 25 billion shillings (US$13 million ), in 2008-2009 financial year, it was reduced to 17 billion shillings (US$9 million), and this budget for 2009-2010, the inspectorate has been allocated only 13 billion shillings (US$6.9 million). This is equivalent to the institutions wage bill.

References: The Daily Monitor, July 21, 2009 Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: But the funding of Inspector General of Government (IGG) is limited.

Peer Review Comments: The funding of the Inspector General of Government (IGG) is regular and is approved by the Parliament, but it is often insufficient.

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

Score:

100

Comments: The reports are publicly available at the inspectorate library or upon request. Some are posted on the website, but this process is slow particularly in ensuring that up-to-date reports are posted.

References: Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

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 IGG has been quite fast on initiating investigations both single-handedly or through collaborations with other institutions such as the anti-corruption squad and others.

Some of the recent cases include among others investigation of Jinja Mayor Mohammed Kezaala, for corruption and abuse of office, the investigation into sale of Naguru estates, the mismanagement of NAADS (National Agricutural advisory Services) funds, the investigation into the collapse of the Makerere University wall, constructed at a whopping 1 billion shillings (US$533,000).

References: www.accu.or.ug ( anticorruption caoalition of Uganda) Daily Monitor, Wednesday, Aug. 19, 2009 New Vision, Tuesday, Aug. 18, 2009 Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

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

Score:

100

Comments: The inpsectorate in most cases only recommends for responsible people to take action against those convicted, such as the removal of Dr. Bakibinga as Deputy Vice Chancellor of Makerere University following the investigations into the collapse of the Makerere University wall.

Other cases where it has recommended for action and it has been taken include the removal of Mohamed Beswale Kezaala as Mayor of Jinja Municipality.

So in most cases, the onus of enforcing penalities is not in the hands of the IGG but other agencies such as the executive and responsible bodies.

References: Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: It is more of a referral process to law enforcement.

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 government sometimes acts, but the action is not very strong. For example, following the implication of Hon. Kahinda Otafire in the sale of Naguru/Nakawa estates by the IGG, the government acted by only relocating him from being Minister of Local Government to Minister of Tourism.

References: Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: The government's responses are normally passive; it notes the situation and then by-passes it.

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

Score:

100

Comments: Compliants take long to be acted upon.

For example, of 3,400 corruption complaints in the 2008/09 financial year, only 813 were investigated and completed.

Of the 58 cases in court last year, only 10 were concluded, five of them resulting in conviction and five in acquittals.

This is partly attributed to staffing challenges and huge case backlogs. While in some cases, prosecution takes too long.

For example, the case involving two former ministers for the abuse of Global Fund, reported in 2006 is yet to be disposed of as Sept. 28. It has been fixed to hear a petition by three former health ministers challenging the power of the Inspector General of Government to prosecute them in connection with Global Alliance Vaccine for Immunisation (GAVI) money.

References: The New Vision, Aug. 5, 2009 www.accu.or.ug

Peer Review Comments: Citizen complaints take a lot of time and a lot of follow up

Can citizens access the reports of the ombudsman?

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

Score:

YES

Comments:

References: Article 41 of the 1995 Constitution of Uganda and Section 5(1) of the Access to Information Act 2005; Every citizen has a right of access to information in the possession of the State or any other organ of the State except where the release of the information is likely to interfere with the security of the State.

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

Score:

100

Comments: All reports are accessible at the inspectorate library or upon request from the office of the Inspector General of Government. This doesn't take a very long time depending on the type of report.

References: Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: The Inspector General of Government (IGG) reports may take longer than a month to access.

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

Score:

100

Comments: Reports of the national ombudsman are accessible free of charge. Activities of the office are documented through the Annual Report to Parliament and other specific publications. These are accessible free of charge on the igg website although sometimes is rarely updated or when one visits to library at the ombudsman office. They are given out to all persons interested and if copies are few, people are allowed to photocopy specific sections or the entire booklet.

References: Interview with Simon P. Opolot Okwalinga. Principal Inspectorate Officer/Head Media, Communications and Public Relations, Aug. 25, 2009

Peer Review Comments: A citizen must visit a regional office before they can access the Inspector General of Government (IGG) records.