The Role and Significance of the Ombudsman in Bangladesh Law

Introduction 

The concept of an Ombudsman, rooted in Scandinavian tradition, has gained widespread acceptance globally as a vital mechanism for ensuring transparency, accountability, and justice within government institutions. In Bangladesh, the establishment of the Ombudsman, formally known as the Office of the Parliamentary Commissioner for Administration (OPCA), marked a significant milestone in the country's legal and administrative framework. Ombudsman as a control mechanism of parliament aims to restricting organizational excess and ensuring fair play in the exercise of administrative powers. This article aims to explore the evolution, functions, powers, and challenges of the Ombudsman in Bangladesh law.  

Definition of Ombudsman 

Ombudsman means the man or official who represents the people in their grievances or who acts as a commissioner of parliament to redress the grievances of the people. He is also called a “grievance man”. 

The Black’s Law Dictionary defines Ombudsman as “an official or semi official office or person to which people may come with grievances connected with government. The Ombudsman stands between, and represents, the citizen before government.” 

An Ombudsman is an independent, objective investigator of people’s complaints against Government agencies and other organizations the public and private sectors. After a fair review, the Ombudsman decides if the complaint is justified and makes recommendations to the organization is order to resolve the problem. 

Historical background, Establishment of Ombudsmen and Governments Commitment 

The idea of the Ombudsman was introduced to Bangladesh during the post-independence period. The Constitution of Bangladesh, adopted in 1972, included provisions for the appointment of a Parliamentary Commissioner for Administration to investigate complaints against government agencies. However, it wasn't until 1980 that the first Ombudsman was appointed, following the passage of the Ombudsman Act, 1980. This Act established the legal framework for the Ombudsman's office and outlined its functions and powers. 

However, with the reestablishment of democracy in the country through mass movement in 1990 and the general election under a neutral care taker Government in 1991, the issue of appointing an Ombudsman has gained much prominence and both the Government sponsored and donor sponsored studies called for the establishment of an Ombudsman’s office to monitor the functioning of the executive agencies and adjudicate disputes and grievances. In view of the tremendous public demand for the office of Ombudsman last Government declared in 1998 its commitment to establish the office as early as possible. But so far no concrete development has taken place to establish the office. The following discussions will throw light on the initiative taken so far by the Government for institutionalizing the office of Ombudsman- 

A five member committee headed by the law secretary was appointed to examine the legal aspects of appointment of Ombudsman. In this regard, the committee has given their green signal. The ministry of law submits a financial proposal of Tk. 3,67,00,000 to the ministry of finance for establishing the office of the Ombudsman. The ministry of Finance will keep provision for the money in the ensuring budget of 1998/99. The above mentioned amount has been earmarked for the purposes of the office of Ombudsman, and other relevant office expenditures including staff salary transport allowances etc. A proposal by ministry of law relating to the setting up of Ombudsman’s office and its organogram consisting of a total of 127 employees, including 31 officers, has also been submitted to the ministry of Establishment and Ministry of finance for approval. The Independent, 3 June 1998. 

The Ministry of law proposed that out of these 127 officers and employees, there would be one Director General (equivalent to the status of secretary to the government, One Additional Director General (Additional Secretary), eight Directors (Joint Secretary), eight Deputy Directors (Deputy Secretary) and eight Assistant Directors including others. The monthly remuneration of the Ombudsman has been fixed Tk. 21,000 and Tk. 15,000 for house rent, Tk. 500 for medical facilities and Tk. 450 for other purposes.  

However, thought the Government has decided to employ 127 employees but it was not clear whether they will be appointed by the Ombudsman himself as per the Ombudsman Act or by the Government. In view of the tremendous public demand for the office of Ombudsman declared in 1998 its commitment to establish the office as early as possible. At last it was established the office of Ombudsman by Government Gazette in 6th January 2002. 

Evolution of the Ombudsman's Role  

Over the years, the role of the Ombudsman in Bangladesh has evolved to address the changing needs of governance and public administration. Initially, the focus was primarily on addressing grievances related to administrative actions, such as maladministration, abuse of power, and procedural irregularities. However, subsequent amendments to the Ombudsman Act expanded the Ombudsman's mandate to cover a broader range of issues, including human rights violations, corruption, and environmental concerns.  

Status of Ombudsman in Bangladesh 

The 1972 Bangladesh Constitution contains many dynamic and inspiring provisions to establish rule of law in the country. One of them is the setting up of the office of Ombudsman. Article 77 of the Constitution stipulates that “Parliament may, by law, provide for the establishment of the office of Ombudsman”. The Article further states that Ombudsman shall exercise such powers and execute such functions as Parliament may, by law, determine, including the power to investigate any action taken by a Ministry, a public officer or a statutory public authority. 

The powers and functions of Ombudsman are to be incorporated by law. This means that Ombudsman acts under a law and functions may be either limited or extensive as Parliament decides However, parliament cannot take away Ombudsman’s core function to investigate any action taken by administrative agencies of the Government estimated by the Constitution. 

In 2002 after 21 years of passing the Ombudsman Act was made effective, but as earlier decision of making the Act updated was ignored. Till date the office of the Ombudsman has not come in to being. In the context of emerging needs and success of other countries, Bangladesh has set up national sector specific Tax Ombudsman Office. After publishing Gazette of Tax Ombudsman in July 2005 the office has been set up in July 2006. In Bangladesh there is also Ombudsman in the private sector.  

Ombudsman Act 1980    

The Ombudsman Act 1980 makes provision for the appointment of a person with kwon legal or administrative ability and conspicuous integrity but the law did not come into effect. 

Appointment: The Ombudsman shall be appointed by the president on the recommendation of the parliament [Art. 3(1)]. 

Qualification: To be an Ombudsman a parson of kwon as legal or administrative ability and conspicuous integrity [Act. 3(2)]. 

Tenure: The Ombudsman shall hold his office for a form of three years, and shall be eligible for reappointment for one further term [Art. 4(1)].  

Removal: The Ombudsman may be removed from his office by the order of the President supported by a majority of not less than two thirds of the total members of parliament on the ground of proved misconduct or physical incapacity. [Art. 4(2)]  

Remuneration and other conditions of service: The remuneration, privileges and other conditions of service of the Ombudsman shall be the same as are admissible or applicable to a judge of the Appellate Division. [Art. 5]  

Functions of the Ombudsman  

The Ombudsman in Bangladesh serves several key functions aimed at promoting good governance and protecting citizens' rights. These functions include- 

Investigating Complaints: The primary role of the Ombudsman is to investigate complaints lodged by individuals or organizations against government bodies or officials. These complaints may relate to administrative injustice, maladministration, or violations of human rights.  

Mediation and Resolution: In addition to conducting investigations, the Ombudsman facilitates the resolution of disputes through mediation and conciliation. By acting as a neutral third party, the Ombudsman helps to bridge the gap between aggrieved parties and government institutions, promoting dialogue and accountability.  

Monitoring Government Performance: The Ombudsman monitors the performance of government agencies and departments to ensure compliance with legal and ethical standards. Through regular inspections, audits, and reviews, the Ombudsman identifies systemic issues and recommends corrective measures to improve administrative practices.  

Advocacy and Awareness: Another important function of the Ombudsman is to raise awareness about citizens' rights and the role of government institutions. Through public outreach programs, educational campaigns, and advocacy efforts, the Ombudsman promotes transparency, accountability, and citizen participation in governance.  

Powers of the Ombudsman  

To effectively fulfill its mandate, the Ombudsman in Bangladesh is vested with certain powers and authorities, including- 

Investigative Powers: The Ombudsman has the authority to summon witnesses, examine evidence, and compel the production of documents relevant to its investigations. This enables the Ombudsman to gather information and evidence necessary to make informed decisions and recommendations.  

Recommending Remedial Action: Following an investigation, the Ombudsman may recommend remedial action to address the grievances of complainants. These recommendations may include disciplinary action against erring officials, policy changes, or compensation for aggrieved parties.  

Access to Information: The Ombudsman has the right to access government records, files, and information necessary for conducting investigations. This ensures transparency and accountability in the administration of public affairs.  

Challenges and Limitations 

Despite its significant role in promoting good governance and protecting citizens' rights, the Ombudsman in Bangladesh faces several challenges and limitations, including- 

Limited Jurisdiction: The Ombudsman's jurisdiction is limited to complaints against government agencies and officials. This excludes grievances related to private entities or non-governmental organizations, limiting the Ombudsman's scope of authority.  

Resource Constraints: The Ombudsman's office often faces resource constraints, including budgetary limitations and staffing shortages, which may impede its ability to effectively carry out its functions and fulfill its mandate.  

Lack of Enforcement Power: While the Ombudsman can make recommendations for remedial action, it does not have the power to enforce its decisions. As a result, government agencies may choose to disregard or delay implementing the Ombudsman's recommendations, undermining its effectiveness. 

Political Interference: The Ombudsman's independence and impartiality may be compromised by political interference or influence from powerful interest groups. This can undermine public trust in the Ombudsman's office and erode its credibility as an impartial arbiter of grievances. 

Conclusion 

The Ombudsman plays a crucial role in promoting transparency, accountability, and justice within government institutions in Bangladesh. By investigating complaints, mediating disputes, and advocating for citizens' rights, the Ombudsman helps to strengthen democratic governance and uphold the rule of law. However, to realize its full potential, the Ombudsman must overcome various challenges, including jurisdictional limitations, resource constraints, and political interference. Through concerted efforts to address these challenges and enhance its effectiveness, the Ombudsman can continue to serve as a vital safeguard of citizens' rights and a bulwark against administrative abuse and corruption in Bangladesh.