The Ombudsman
For nearly 26 years, the Constitution of Bangladesh has had a provision for the creation of the Office of the Ombudsman. The authors of the Constitution viewed such an office as a vital component of the overall system of democratic governance, because this would act as the public's avenue of justice in a world otherwise dominated by the bureaucracy. Such a provision was undoubtedly inspired by a vision that placed the public interest at the top of the national agenda. In the context of post-independence Bangladesh, the bureaucratisation of society and the all-encompassing nature of corruption have marginalised the population so much that the majority today lack the ability to either assert their rights, or access justice when those rights are violated.
The good news now is that the government appears to be taking the Ombudsman issue more seriously than its predecessors had. The government is likely to propose before parliament the name of the country's first Ombudsman in the Jatiya Sangsad's next session beginning later this month. According to reports published in this paper, files dealing with drawing up of an organogram, creation of staff posts, determination of rank and status of officials etc., have already been prepared. The key is now held by the finance ministry, which has to allocate sufficient funds to make the operation of the office effective and smooth.
However, the impact of the office on the reality of people's lives would depend wholly on the way the Ombudsman discharges his responsibilities. For that reason, parliament needs to ensure that the person that is recommended to the President for appointment is beyond controversy and whose courage and integrity are held in high public esteem. There should be no scope for allegations of partisanship where the name of the Ombudsman is concerned. Similarly, the law creating the office should be unequivocal in the powers it bestows on the office. There should be no room for public officers or ministries to evade or obstruct the Ombudsman's scrutiny. The government should also pay attention to the need to ensure adequate financial resources for the office, including the Ombudsman's ability to recruit staff from outside the civil service cadres.
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