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2008 Assessment

West Bank: Integrity Indicators Scorecard

West Bank : 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?	80
57	Can citizens access the reports of the ombudsman?	67

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: The office is limited to human rights issues.

References: The Independent Commission for Human Rights.

Amended Basic Law, 2003, article 31, [ LINK ]

Resolution Regarding Constitution of the Higher National Palestinian Commission for Human Rights (No.59), 1994, article 1, [ LINK ]

Peer Review Comments: There is also an ombudsman bureau at the Palestinian Legislative Council.

Is the national ombudsman effective?

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

Score:

YES

Comments: The protection clauses are implicit.

References: Resolution Regarding Constitution of the Higher National Palestinian Commission for Human Rights (No.59), 1994, article 2, [ LINK ]

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

Score:

100

Comments: The protection is not efficient or sufficient.

References: International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Abdel Rahim Taha, Head of Complaints Office at Palestine Legislative Council (PLC) and researcher, PLC/ AMAN, Sept.18, 2008, interview at his office at PLC.

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

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

Score:

100

Comments: In practice the president has not removed the head of the ombudsman. The appointment has, so far been made based on the reccomendation of the board.

References: International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Abdel Rahim Taha, Head of Complaints Office at Palestine Legislative Council (PLC) and researcher, PLC/ AMAN, Sept.18, 2008, interview at his office at PLC.

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

Peer Review Comments: The president appoints and removes the head of the ombudsman agency, and it depends on him to provide or not provide justifications.

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

Score:

100

Comments:

References: International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Abdel Rahim Taha, Head of Complaints Office at Palestine Legislative Council (PLC) and researcher, PLC/ AMAN, Sept.18, 2008, interview at his office at PLC.

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

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

Score:

100

Comments:

References: International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Abdel Rahim Taha, Head of Complaints Office at Palestine Legislative Council (PLC) and researcher, PLC/ AMAN, Sept.18, 2008, interview at his office at PLC.

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

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

Score:

100

Comments: There is no state-allocated funding for the Independent Commission for Human Rights (ICHR). Its funding comes from donors and must be renewed every three years.

References: International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Abdel Rahim Taha, Head of Complaints Office at Palestine Legislative Council (PLC) and researcher, PLC/ AMAN, Sept.18, 2008, interview at his office at PLC.

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

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

Score:

100

Comments: All Independent Commission for Human Rights (ICHR) reports are available online.

References: International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Professional study, The Palestinian Initiative for the Promotion of Global Dialogue & Democracy (MIFTAH) & AMAN, Jihad Harb, 2003, "Oversight & Accountability in Palestinian Public Sector."

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

www.ICHR.org.

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: iInternational study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Professional study, The Palestinian Initiative for the Promotion of Global Dialogue & Democracy (MIFTAH) & AMAN, Jihad Harb, 2003, "Oversight & Accountability in Palestinian Public Sector."

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

Website of the ombudsman, [ LINK ]

Peer Review Comments: In the last year the government arrested hundreds of Palestinians for political reasons. Some were killed in prisons or in universities. The government prevented many peaceful activities for political parties, and the ombudsman agency was not active in reporting or in investigating these events.

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

Score:

100

Comments:

References: International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Abdel Rahim Taha, Head of Complaints Office at Palestine Legislative Council (PLC) and researcher, PLC/ AMAN, Sept.18, 2008, interview at his office at PLC.

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

Peer Review Comments: In the last year, the ombudsman agency didn't play this role effectively according to records of government violation to human rights.

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 rarely acts on the findings of the ombudsman.

References: Professional study, The Palestinian Initiative for the Promotion of Global Dialogue & Democracy (MIFTAH) & AMAN, Jihad Harb, 2003, "Oversight & Accountability in Palestinian Public Sector."

International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

Abdel Rahim Taha, Head of Complaints Office at Palestine Legislative Council (PLC) and researcher, PLC/ AMAN, Sept.18, 2008, interview at his office at the PLC.

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

Score:

100

Comments: The ombudsman usually acts on the complaints in a reasonable time period. Last year there were some delays, possibly due to a change of staff and to a lack of clarity regarding the political situation.

References: Bilal Barghouthi, Legal Advisor, Palestine Legislative Council (PLC), Sept. 17, 2008, interview at his office at the PLC.

Abdel Rahim Taha, Head of Complaints Office at Palestine Legislative Council (PLC) and researcher, PLC/ AMAN, Sept.18, 2008, interview at his office at PLC.

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

Can citizens access the reports of the ombudsman?

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

Score:

YES

Comments: There is no stipulation that the ombudsman's reports should be made available to the public.

References: Amended Basic Law, 2003, article 31, [ LINK ]

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

Score:

100

Comments: The ombudsman reports are published online.

References: iInternational study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Professional study, The Palestinian Initiative for the Promotion of Global Dialogue & Democracy (MIFTAH) & AMAN, Jihad Harb, 2003, "Oversight & Accountability in Palestinian Public Sector."

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.

www.ICHR.org

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

Score:

100

Comments: The ombudsman reports are published online. Hard copies and CDs of the reports are available for free.

References: International study, Hadeel Qazzaz, 2007, "Reconstruction National Integrity System Survey," [ LINK ]

Professional study, The Palestinian Initiative for the Promotion of Global Dialogue & Democracy (MIFTAH) & AMAN, Jihad Harb, 2003, "Oversight & Accountability in Palestinian Public Sector."

Dr. Camille Mansour, Dean of Law and Public Administration Faculty, Birzheit University (BZU) and Commissioner of Independent Commission for Human Rights (ICHR), Sept. 21, 2008, residence.