THE OFFICE OF THE OMBUDSMAN

The concept of the Ombudsman in The Gambia is a direct creation of the military take over of July 22nd of 1994. The ensuing Transition Programme brought in a new Constitution in which were entrenched the cardinal principles of accountability, transparency and citizens engagement. The Gambia was to be rid off the bad governance that was associated with the ousted administration. A High Level Task Force was set up charged with the responsibility of according high priority to the creation of a viable governance programme which would provide a comprehensive national programme for establishing and strengthening democratic institutions in The Gambia.

Raison D’Etre

According to PEPPIAT 1998 “the raison d’etre of the Ombudsman was to democratise public administration and harmonise relationship between government and citizens. The Ombudsman has to bridge the gap between public officials and the citizens and increase personal security by reducing arbitrary and unfair acts of officialdon”. Fliflet’s statement, - “the Ombudsman idea must be established within the frame work of their own society, their own public administration, and their own legal system”, is adequately entrenched in the instruments that established the Office of the Ombudsman.

Functions and Jurisdiction

Section 3 of the Ombudsman Act 1997 defines the functions and jurisdiction of the Ombudsman.

Powers

Section 5(a) confers upon the Ombudsman general powers which include:
i. The power to determine the nature and extent of any enquiry or investigation referred to him or her;
ii. To search buildings, premises or persons connected with the matter in question;
iii. Access to all types of evidence and information, seize anything deemed necessary.
iv. To summon witnesses and make orders, relating to complaints and allegations.
v. Has power of arrest Section 6(3) of the Ombudsman Act 1997.

Aims and Objectives

The institution’s main objectives is to help create an environment within the civil sector in which public officers irrespective of their position in the hierarchy would refrain from unjust procedures by subjecting government use of power to close scrutiny.

The Ombudsman plays the balancing act not only to enable public servants to understand how they can do their jobs better and thereby improve the standard of services to the public but also enhance the public understanding why government takes certain decisions.

Aims at being accessible and responsive to the interests and complaints of all persons particularly those who are vulnerable to unfairness such as the poor, the physically handicapped, the incarcerated, the young and the old.

Achievements

Drawing up and implementing a public awareness campaign programme through both print and electronic media viz:

a) Press conference by Ombudsman
b) Radio Talks and Phone-in Programme
c) Panel Discussions through local languages on the work of the Ombudsman
d) T. V Documentary on the Office of the Ombudsman
Printing and distribution of 20,000 copies of a brochure.

A total of 402 complaints have been registered, of which, 85% have been dealt with. Out of the 85%, 80% relates to Administrative Injustices and 5% to Human Rights Violations. This is indicative of the success in pushing the frontiers of administrative justice.

The Ombudsman has submitted his Annual Report 1999 – 2000 as prescribed by Sections 13(1) and Sections 15(1) of the Ombudsman’s Act of 1997 to His Excellency The President and the National Assembly respectively. Consequently the latter setup a Special Committee to study the Report and formulate guidelines for a formal debate.

Extending the services of the Ombudsman into the provinces. Government has approved in the Recurrent Budget 22004 the opening of the first Ombudsman Office in Basse, URD.

The Ombudsman has already declared his assets to the Finance and Public Accounts Committee of the National Assembly in accordance with Section 223.5 of the Constitution.

The Office of the Ombudsman has succeeded in generating an environment of good governance for the realization of the effective democratisation process.

Future Plans

The Way Forward for the Next Five Years

Human Rights, Anti-Corruption, Education/Documentation Units

1. Human Rights which will create an institutional safeguard to ensure that the protection of fundamental right and freedoms as enshrined in Chapter IV of the
Constitution;
2. An Anti-Corruption Unit in compliance with Chapter XXI Code of Conduct of Public Officials of the Constitution which requires the declaration of assets by Public Officers to the Ombudsman every two years.
3. Education and Documentation This Unit will develop appropriate training schemes for staffs as well as sensitisation programmes for the public. A well equipped documentation unit to serve as a resource backup tot eh education unit.

Office Accommodation
With the expansion envisaged the Government has allocated a plot of land for the erection of headquarters. A request to the effect will be submitted to GAMWORKS AGENCY by October 2004 for consideration by World Bank funding in early 2005

Updating the Regulatory Instruments of the Public Service

In collaboration with management Development Institute, Attorney General’s Chambers, Public Service Commission, personnel Management Office, Accountant General’s Office and the Auditor General’ Office, will take the responsibility of updating the Regulatory Instruments of the Public Service i.e. General Orders, public Service Regulations, Public Service Act, Conditions of Services, and Financial Instructions.

The APRC Government has demonstrated a political will in its continuous desire to improve the living conditions of Gambians in a free and democratic environment. The creation of the Office of the Ombudsman is a clear indication of this commitment. The Executive has never interfered with the functioning of the institution hence the provision of Section 165(2) of the Constitution of The Gambia 1997 which protects the independence of the Office has been complied with to the letter and spirit.BACK