Essential features of the Ombudsman’s Office include: •
independence of the Ombudsman from the organizations the Ombudsman has the power to investigate;
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effectiveness;
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fairness; and
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public accountability.
Typical Functions of the Office of Ombudsman include: •
To receive and investigate allegations of maladministration including corruption (an Ombudsman will need to tackle corruption where it is the cause of malfunction in the administration).
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To review and to monitor declarations of income and assets made by senior public officials.
The above functions are indicative but not inclusive of all functions of the Office. Term of office. To ensure independence of the Ombudsman Office, a fixed term of office needs to be laid down which makes it impossible for him or her to be dismissed before this term expires. Or, in the event that they can be dismissed prematurely, special procedural and substantive conditions must be enshrined in statutory provisions, to guard against any political or administrative influence that might prejudice the independence of the Ombudsman’s Office.
CITY/COUNTRY EXAMPLES Box 54: Some indicators for assessing the Office of Ombudsman as an integrity pillar 1. Is there an Office of the Ombudsman or a comparable institution? 2. Is the public generally aware of the existence of any such Office? If so, is the Office respected by the community? 3. Does the Office have adequate budget and is it adequately staffed? 4. Is the appointment of an Ombudsman made in a non-partisan manner? 5. Is the office-holder protected from arbitrary removal from office by the government of the day? 6. Does the Executive at the Local Authority respect and act on the reports of the Office? 7. Is there ease of access for complainants? 8. Can complainants complain anonymously where they believe they might suffer reprisals if their identity is known? Source: Pope, Jeremy, TI sourcebook 2000, Chapter 10; www.transparency.org
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