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18Th Annual Report Office of Ombudsman March 2019.Pdf

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18Th Annual Report Office of Ombudsman March 2019.Pdf THE OFFICE OF THE OMBUDSMAN’S EIGHTEENTH ANNUAL REPORT Table of Contents List of Acronyms ............................................................................................................... 2 Letter to the Speaker, the House of Representatives ................................................... 3 Letter to the President, the Senate .................................................................................. 4 Ombudsman’s Message ................................................................................................... 5 Executive Summary .......................................................................................................... 8 Complaints Investigation .............................................................................................. 11 Subject Matter .......................................................................................................................11 Authorities ............................................................................................................................18 Complainants .......................................................................................................................20 Investigation Status .............................................................................................................22 Collaboration, Meetings and Trainings ............................................................................23 Achievement of Other Key Programme Strategies and Objectives .............................29 General Recommendations ................................................................................................31 Administrative Matters .................................................................................................. 32 Photo Album 2018 .......................................................................................................... 33 Annexes ............................................................................................................................ 35 Police Complaints compared to Total Complaints .........................................................36 The Complaints Investigation Process .............................................................................37 Important Sections of the Ombudsman Act ....................................................................38 How to Make a Complaint .................................................................................................40 Belize Central Prison Statistics .........................................................................................41 1 | Page THE OFFICE OF THE OMBUDSMAN’S EIGHTEENTH ANNUAL REPORT LIST OF ACRONYMS AGM Attorney General’s Ministry BBA Belize Bar Association BCP Belize Central Prison BDF Belize Defense Force BMC Belize Medical Council CC Criminal Code CITO Central Information Technology Office CRF Consolidated Revenue Fund DHS Department of Human Services EIDHR European Instrument for Democracy and Human Rights EU European Union FOIA Freedom of Information Act GOB Government of Belize IBC International Business Companies IFSC International Financial Services Commission JP Justice of the Peace LSD Lands and Surveys Department NFIS National Financial Literacy and Inclusion Project NGBVC National Gender Based Violence Committee NHRI National Human Rights Institution NWC National Women’s Commission OA Ombudsman Act ORC Ombudsman Reports Committee PD Police Department SSB Social Security Board UNFPA United Nations Fund for Population Activities UNHCR United Nations High Commission for Refugees 2 | Page THE OFFICE OF THE OMBUDSMAN’S EIGHTEENTH ANNUAL REPORT Ref: 001/HROMB/2019 The Office of the Ombudsman 91 Freetown Road, Second Floor P.O. Box 1376 Belize City, Belize Central America Tel: (501)223-3594 Fax: (501)223-3198 Email: [email protected] 8th March 2019 Hon. Laura Longsworth Speaker of the House of Representatives The National Assembly Belmopan Dear Madam Speaker, I have the honour to present the Ombudsman’s Eighteenth Annual Report which covers the period January 1 to December 31, 2018. The report is submitted in accordance with Section 28(2) of the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize, which states: - “The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.” Respectfully submitted, _____________________ Lionel Arzu, MSc. Ombudsman of Belize LA/rp Encl. 3 | Page THE OFFICE OF THE OMBUDSMAN’S EIGHTEENTH ANNUAL REPORT Ref: 002/SOMB/2019 The Office of the Ombudsman 91 Freetown Road, Second Floor P.O. Box 1376 Belize City, Belize Central America Tel: (501) 223-3594 Fax: (501) 223-3198 Email: [email protected] 8th March 2019 Hon. Lee Mark Chang President of the Senate National Assembly Belmopan Dear Mr. President, I have the honour to present the Ombudsman’s Eighteenth Annual Report which covers the period January 1 to December 31, 2018. The report is submitted in accordance with Section 28(2) of the Ombudsman Act, Chapter 5 of the Substantive Laws of Belize, which states: - “The Ombudsman shall submit to the National Assembly an annual report relating generally to the execution of his functions.” Respectfully submitted, ___________________ Lionel Arzu, MSc. Ombudsman of Belize LA/rp Encl. 4 | Page THE OFFICE OF THE OMBUDSMAN’S EIGHTEENTH ANNUAL REPORT OMBUDSMAN’S MESSAGE Once again, it is my honor and duty to present to members of the National Assembly of Belize and the general public the Eighteenth Annual Report of the Ombudsman. This is my sixth report. My staff and I have worked diligently and tirelessly to carry out our mandate and responsibilities. As with previous reports, this Eighteenth Annual Report summarizes the work of the Office in 2018 within the framework of the Ombudsman’s Act, as well as the Freedom of Information Act (FOIA). Under the FOIA, the Ombudsman has the jurisdiction to review decisions made by ministries, department and prescribed authorities refusing or deferring access to documents upon requests made by members of the public. In 2018, two (2) applications for review was made to the office pursuant to the FOIA. Perhaps this is an indication that our authorities delayed response, or in other instances the non‐ responsiveness to complainants’ request to make the public documents readily accessible. Also a total of one hundred and six (106) new complaints were received at the Office of the Ombudsman during the current reporting year. The Eighteenth Annual Report is presented not only as a report pertaining to the execution of the functions of the Office of the Ombudsman, but also as a summary of the public’s opinion on current administrative practices. The mechanism by which the Office of the Ombudsman achieves this objective when it comes to complaints of maladministration as it relates to accountability is two pronged: a) prevent mal‐administration through monitoring and public advocacy, b) protect citizens from mal‐ administration through advocacy for the expansion of the freedom of the press. On numerous occasions, the Ombudsman through his office becomes the conscience of the society in demanding good governance through accountability from public officers. Moreover, it is important to have check and balance through vertical and horizontal accountability in order to avoid trampling on the fundamental human rights of the masses The onus is on public officers to answer to the general public. This process determines the sustainability of their stewardships and their careers going forward. This is what is referred to as Vertical Accountability. On the other side of the spectrum is Horizontal Accountability in which state institutions have the capacity to check abuses by other public agencies and branches of government. 5 | Page THE OFFICE OF THE OMBUDSMAN’S EIGHTEENTH ANNUAL REPORT The Ombudsman’s Office and organizations such as the human rights and anti‐corruption commissions are institutions of Horizontal Accountability. Good governance is an essential component of democracy. Democracy is said to be ‘the government of the people by the people and for the people’. For this reason alone, the government put in place by the people, and should be able to protect the human rights and dignity of the people whom the government professes to serve. Respect for human rights requires the nurturing of good governance. In order to have good governance, there must be the rule of law through an independent judiciary, the executive branch of the government, the legislative and other apparatus of modern society that serve to check and balance one another; so that the fundamental human rights can be protected. A country guided by the constitution ensures that no branch of government usurps the power of the other through unnecessary overreach. The Ombudsman’s Office has as a part of its duties the promotion of citizen‐centric governance. There are many definitions of good governance, however, B.C Smith of the United Nations provides a noble definition of good governance as, “policies for sustainable human development (including enabling private sector to create employment), and government that is democratic, decentralized, empowering and accountable (with properly functioning legislatures, legal and judicial to protect the rule of law, human rights and electoral processes).” During 2018, the Ombudsman and his staff played a vital role in advancing the Central American Council of Human Rights Defenders/Ombudsmen mandate, which was to generate
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