The provision of the ombudsman is one of the distinctive aspects of Bangladesh's Constitution. It was included in the Constitution to eradicate administrative anomalies: Investigate, recommend corrective measures, and issue reports, among others. Though our Constitution was formulated right after the country's independence, the office of the ombudsman has been stillborn.
Although most of us are unfamiliar with the term “ombudsman,” it is a widely utilized tool in advanced Western nations to ensure administrative accountability and openness. However, the question remains: Do we need the body of the Ombudsman in Bangladesh? If needed, how can it be institutionalized?
To answer both questions, it would be rational if we first briefly discuss the constitutional mandate regarding the ombudsman in Bangladesh. Constitutional article 77 states: “Parliament may, by law, provide for the establishment of the office of Ombudsman and Ombudsman shall exercise such powers and perform such functions as Parliament may, by law, determine, including the ability to investigate any action taken by a Ministry, a public officer or a statutory public authority.”
According to the constitutional mandate, it is evident that the ombudsman is necessary to ensure good governance in our country. Why is that so? Aren't we practicing good governance already? To answer that question, I will quote a statement from a former presidium member of the Awami league Mohammad Nasim. This statement was reported in almost all the frontline newspapers in Bangladesh on May 19, 2019. He stated: “In this country, law enforcement agencies can be bought with money, lawyers can be bought with money, and even the court.” Analyzing the statement of such a renowned person, now you decide on the “good governance” situation in Bangladesh. You may also present statistics proving your points in mind, both positively and negatively.
The Ombudsman Act 1980, though the Act is not free of criticism, also implies details of the activities of the ombudsman. For example, according to the act, the ombudsman will investigate and prosecute any complaint made to him by a person against all government authorities, including the ministry. The ombudsman shall have the power to punish any person or authority with the provision of the law. If the office of the ombudsman is established and can perform the task as a constitutional body and as described by the law, anyone can be optimistic that the ombudsman will be able to improve the governance situation in Bangladesh in almost all of its key indicators: Accountability, transparency, responsiveness, and rule of law; for instance.
The body of ombudsman exists in most developed countries in the world, eg Sweden, Finland, Denmark, Norway, New Zealand, Canada, the UK, and Australia, even in several developing countries as well such as Tanzania, Guyana, Sri Lanka, Fiji, Zambia, Nigeria, and India. We need it considering the governance situation of our country; it is required to implement whatever is said in the Constitution and the proposition of major administrative reforms, especially to eradicate corruption from all the sectors of a country.
When talking about corruption, the question also comes, what about the Anti-Corruption Commission? The answer is that, though the Anti-Corruption Commission has been established to oversee these malpractices, they hardly deliver fruitful solutions. It is, however, logical to say that the ombudsman's office should be put forward to shut off the corruption permeating various sectors, including the upper echelon of the country's constitutional body.
However, will establishing the ombudsman's office solve every problem we have? The answer is that we should not be so judgemental before even establishing such a body or analyzing the effectiveness of the current constitutional bodies in Bangladesh. Nevertheless, we have to consider this initiative as a righteous national movement. The movement for the purification of our system should be a continuous program. The ombudsman should be considered as just one of the crucial bodies to ensure the sanctity of the overall system of our country. It is impossible to remove unfairness, irregularities at one go, especially in Bangladesh.
However, the question is, how can we establish the ombudsman's office in Bangladesh and institutionalize it with the thousands of barriers we have? The thing is, despite having many hurdles, it is crucial to establish the office of the ombudsman in Bangladesh as early as possible. Sadly, no government in our country has had the initiative to establish this agency. In addition, there is a need for an amendment to the Ombudsman Act (which is outdated) to make the ombudsman an effective body.
Accordingly, appropriate provisions must be incorporated into the act to allow the ombudsman to investigate allegations of public servants engaging in corruption and poor administration. The ombudsman should be able to look into whether a public functionary owns or holds properties beyond his known and lawful sources of income and illegally obtained properties should indeed be forfeited to the government.
Nevertheless, it is impossible to set up this office without the political will and bureaucratic backing of those involved; therefore, they must have the fortitude to take the necessary steps. Upon the recommendations of Parliament, the head of state (the president) may designate the ombudsman. For the ombudsman to be widely accepted, there needs to be a consensus among all political parties in Parliament.
In-depth knowledge of public administration and relevant experience should be a prerequisite for the ombudsman. Therefore, there is little need to change the qualification clause of the ombudsman act. The Ombudsman Act 1980 limits the ombudsman's jurisdiction to the president, prime minister, Supreme Court and High Court Judges, magistrates, the chairman and members of the public service commission, and the comptroller and auditor general.
I would argue that no matter how complicated the system is to institutionalize the ombudsman in Bangladesh, in establishing this office, the government should proceed with the practice of purification. Suppose the government decides to implement the above-recommended plan to set up an ombudsman office that really serves the needs of the people as reflected in the Constitution. In that case, this body can be vital in establishing an honest, efficient working department.
Md Sohrab Hossen is a Senior Research Assistant at James P Grant School of Public Health, BRAC University. Md Obaidullah is a Field Research Assistant (temporary) at James P Grant School of Public Health, BRAC University.