Local Government Ordinance 2001: government considering to appoint district ombudsmen

Government is actively considering to appoint District Ombudsman and establish Complaint Cells in the country under the Local Government Ordinance 2001.
While the Programme Management Unit (PMU) of the Access to Justice Programme (AJP) will appoint three international consultants/experts for monitoring and evaluation, public grievance redress and freedom of information in Federal Ombudsman Office under ongoing institutional development for Access to Justice Programme assisted by Asian Development Bank.
According to official sources, Federal Ombudsman is authorised under the law to hear complaints of the citizen against the public functionaries who have denied legal information to them. This position enables the ombudsman to set standards for implementation of Freedom of Information (FOI) for all the departments. But, before performance of this role, a thorough review of the existing legal regime and practices is necessitated, sources mentioned.
The ADB has provided $350 million loan for Access to Justice Program (AJP) in support of justice sector reforms in Pakistan, focusing on judicial, administrative justice and police reforms at the federal, provincial, local government and subordinate judiciary levels. The AJP helps the Government improve access to justice in order to provide security and ensure equal protection under the law to citizens, particularly the poor; secure and sustain entitlements and thereby reduce the poor's vulnerability; strengthen the legitimacy of state institutions; and create conditions conducive to pro-poor growth, especially by fostering investor's confidence.
Official sources stated that the AJP is contributing to this aim by supporting five interrelated governance objectives: providing a legal basis for judicial, police, and administrative reforms; improving the efficiency, timeliness, and effectiveness in justice services; supporting greater equity and accessibility in justice services for the vulnerable poor; improving predictability and consistency between fiscal and human resource allocation and the mandates of reformed justice institutions at the federal, provincial, and local government levels; and ensuring greater transparency and accountability in the performance of the justice institutions.
Administrative justice institutions and systems are vital for ensuring that citizens receive their entitlements to public goods and services, access to information and to resolve public grievances. These help to strengthen accountability for the quality of service delivery and performance and ensure public services are responsive to citizen needs. The AJP is accordingly supporting the Ombudsman offices (provincial Ombudsman offices are established by law in Punjab, Sindh and Balochistan provinces only.
District Ombudsman and Complaint Cells are yet to be created under the respective provincial Local Government Ordinance 2001. Reference to training of District Ombudsman or Complaint Cell officers in these terms of reference will be implemented only where a District Ombudsman or Complaint Cell is already established and resourced; Principal Officers (appointed under the respective federal and provincial Ombudsman laws); Designated Officers (appointed under the FOI Ordinance 2002); and Complaint Cells to ensure quality and accessible administrative justice services, including Public Grievance Redress (PGR), and access to information and transparency. Without adequate transparency and access to information public and executive oversight cannot be effective, said official sources.
Administrative justice services are undertaken by federal, provincial and district Agencies (the word 'Agency or Agencies' used herein is as defined by the relevant Ombudsman law and includes a 'public body' as defined by Section 2(h) of FOI Ordinance 2002 and 'holders of public office' as defined by Article 134 of the Local Government Ordinance 2001). The respective Ombudsman laws create Principal Officers at the federal and provincial levels. The Local Government Ordinances (2001) provide for a District Ombudsman and Complaints Cells at the district level as PGR mechanisms. To avoid the possibility of different PGR procedures at different levels and between different institutions, it is necessary to rationalise and standardise different PGR procedures so as to provide an effective, integrated and complementary PGR system. To operationalise the various provisions for public access to information, the Freedom of Information (FOI) Ordinance and Article 137 of the Local Government Ordinance, it is necessary to provide effective procedures and systems to ensure prompt access to information, said official sources.
Presently, the Constitution of Pakistan 1973, article 212(b) provides for the establishment of Administrative Tribunals/Courts to hold public servants accountable for omissions and commissions that cause citizens to suffer harm. These Administrative Tribunals/Courts have not been established. Various forms of immunities also restrict or prevent public servants being held liable for their conduct. In order to strengthen public accountability and ensure a responsive government, the range of immunities need to be reviewed to create an enabling legal and institutional framework for citizens to effectively pursue tort actions for harm suffered.