FEDERAL OMBUDSMAN OF PAKISTAN (WAFAQI MOHTASIB) ANNUAL REPORT 2015 i Annual Report of the Federal Ombudsman 2015 ii Annual Report of the Federal Ombudsman 2015 iii Annual Report of the Federal Ombudsman 2015 iv Annual Report of the Federal Ombudsman 2015 v Annual Report of the Federal Ombudsman 2015 vi Annual Report of the Federal Ombudsman 2015 THE INSTITUTION OF OMBUDSMAN The Ombudsman system provides the citizens access to an independent, impartial and inexpensive dispute resolution mechanism which can resolve their grievances and protect their rights. The Institution‟s role in enforcing administrative accountability ensures that public service activities and in particular the exercise of decision making powers, whether discretionary or otherwise, are carried out not only appropriately but in a manner that is consistent with fairness and good administrative practice. The Ombudsman investigates maladministration which includes a decision, a recommendation, an act of omission or commission which is either unjust or biased, oppressive and prejudiced. As the spectrum of the government‟s involvement in the administrative, development and social sectors widened, the government machinery entered almost all facets of human activity. The government‟s growing involvement even in sectors such as water, gas and electricity has consequently increased the interaction of the people with the agencies of the government arising from instances of unsatisfactory performance and abuse of authority by functionaries of the government. The Institution provides a mechanism for enforcing accountability. It acts as a deterrent to mis-governance and correction of malfeasance in government offices. The inauguration of the Ombudsman Institution with a distinct culture, during the course of time, has proved to be tremendously efficacious in arresting the continued erosion of confidence of the common man in the role of the functionaries of the government. Additionally, because of its performance, its independence, neutrality, informal investigation and no cost, it has gained confidence and importance and now the system, in one or the other form, exists in almost every country around the world. The Ombudsman system is to be judged by its achievements, by its radical and reformative role in resolving grievances of the people and moulding the behaviour of the agencies of the government. The Ombudsman looks at the human problem with a sense of equity and impartiality rather than rely on the customs and traditions for seeking administrative justice. The other attributes of the system like quick disposal, quick redressal of grievance involving no expenses, no legal counsel and investigation in an informal atmosphere have won praises from jurists and intelligentsia. It is surprising that while there existed pressing need for establishing the institution in developing countries, it came too late in Asia. The Institution of Ombudsman was set up in Pakistan through the Presidential Oder of 1983. The need for the Institution was more pressing in Pakistan considering the rapidly growing population and the evolving institutional processes. However, since its establishment, the Ombudsman is effectively fulfilling its role in providing relief to the people of the country. The message about the efficacy of the Institution has gradually spread and aggrieved persons, in large numbers, are now approaching the Organization for resolution of their grievances. Apart from individuals, groups and communities are also approaching this Institution for redressal of their problems relating to water supply, preservation of parks and play lands from encroachments and raising of unauthorized structures, besides other issues. A few deficiencies in the Establishment of the Office of Wafaqi Mohtasib (Ombudsman), Presidential Order 1983 were rectified through the Federal Ombudsmen i Annual Report of the Federal Ombudsman 2015 Institutional Reforms Act 2013, which I had the privilege of moving through the Federal Cabinet, and which was passed by the Parliament in a few weeks. The institution of Wafaqi Mohtasib is now empowered to act in aid of the people. The Ombudsman may: i. Summon and enforce attendance of any person and examine on oath, compel to produce documents, receive evidence on affidavits and issue commission for the examination of the witness. ii. Authorize to enter and search any premises and inspect any article, book of accounts or other documents. iii. Punish any person for its contempt having the same powers, mutatis mutandis as that of the Honourable Supreme Court of Pakistan. iv. Require any person to furnish information on such points or matters as in the opinion of the Ombudsman may be useful for the investigative purpose. v. Award costs and compensation and refund of amount. vi. Seek the assistance of any person or authority for the performance of his function. vii. Take measures to curb maladministration including corrupt practices and graft. viii. Informally conciliate, amicably resolve, stipulate settle or ameliorate any grievance without written memorandum and without the necessity of docketing any complaint. These powers have been given, to ameliorate the grievances of the common man. For fulfilling the objectives, the Ombudsman Office has been made most accessible to the public through system and procedures that are simple to follow and allow the public freedom in availing these facilities to seek redress of their problems. Those who are harassed and victimized by the agencies of the government are approaching the Ombudsman with confidence and expectation for getting their problems resolved. The agencies which are accused of non-responsive attitude, red-tapism and delaying tactics have now become conscious and cautious as they know they have to face the complainants before the Ombudsman to justify their actions or inactions. In short, the functionaries have to account for and justify their actions and decisions to prove that no discrimination has been done and that no rules, regulations and procedures have been violated. The Ombudsman ensures that rights and privileges of the people are not infringed upon and that they are not subjected to official high handedness. Encouraged by the success at the Federal level of the Wafaqi Mohtasib, all the four provinces and Azad Kashmir, subsequently set up the Institution in their respective provinces on similar lines. The Institution has made further progress in Pakistan as we now have other Ombudsman as well, dealing with specialized subjects such as the Federal Tax Ombudsman, the Banking Ombudsman and the Insurance Ombudsman. The Institution in Pakistan has acquired operational maturity over time and has moved beyond addressing individual complains against government agencies and is now focusing on systemic deficiencies and women and child related issues so as to address problems of the most vulnerable segments of our society. The constitution of the National Committee on Children for addressing issues relating to children rights and the appointment of Ombudsperson for harassment of women at workplace, are two recently added milestones in the journey of the Institution in Pakistan. ii Annual Report of the Federal Ombudsman 2015 While the Ombudsman office is effectively addressing public complaints, its role in reforming systemic deficiencies of public sector agencies is also being recognized. For promoting responsible and efficient administration it is essential to address the issues simultaneously as mere redressal of individual grievances, without removing institutional weaknesses, long term solution to public grievances cannot be achieved. In pursuance of the objective, we constitute several committees which conduct a number of studies and identify systemic weaknesses in various government agencies and recommend remedial measures. In this connection, implementation of corrective measures recommended by us in respect of prisons, pensioners issue, problems of overseas Pakistanis, delay in issuance of Passports and National Savings etc, have been widely acclaimed. The Federal Ombudsman has provided relief to over two hundred thousand complainants during the last couple of years. For further improving the redressal mechanism and making delivery service more accessible to the people, specially those living in remote areas, we have launched yet another initiative under Speedy Complaint Resolution at the proverbial doorsteps of the common man. Under the Pilot Project the designated investigating officers visiting interior of the country are required to hear the cases at district or tehsil headquarters within ten days of registration and prepare findings within 48 hours after hearings. The complaint is finally disposed of within fifteen days after completing the required formalities. The pilot project has proved a great success. The initiative is being widely appreciated. The consideration behind launching of the project is to provide opportunity to economically disadvantaged segment of the society, living in far flung areas and aggrieved at the hands of functionaries of the government agencies, to get their grievances redressed. We are still in the process of fine-tuning and streamlining of the SCR mechanism so as to extend its reach effectively to the widest possible areas to cover maximum number of people in remote areas of the country, and to ultimately hear and decide complaints against federal, provincial and local agencies at Union Council level under the same roof and within 15 days, without any cost to the complainants.