AOA Fact Sheet Parliamentary Commissioner for Administration, SriLanka

APRIL 8, 2010 INSTITUTIONAL OVERVIEW NUMBER 1

Legal Framework

Article 156 (Chapter XIX) of the Constitution of the Democratic Socialist Republic of Sri-Lanka, which was introduced in 1978, provides for a Parliamentary Commissioner for Administration, who is also designated as the Ombudsman. The first parliamentary commissioner for administration was appointed in 1982.

Jurisdiction/ Functions

Although a wide range of subjects is under the jurisdiction of Parliamentary Commissioner for Administration, yet investigation cannot be initiated in to certain subjects. For example power or function of the legislator governing public security, appointments of public officers etc.

Legal Powers

The Constitution of the Democratic Socialist Republic of Sri Lanka of 1978 in its chapter XIX Article 156 stipulates that Parliament shall by law provide for the establishment of the Office of the Parliamentary commissioner for Administration (Ombudsman) The Parliamentary Commissioner for Administration Act. No 17 of 1981 enacted by Parliament provided for the establishment of the Office of the Parliamentary Commissioner for Administration (Ombudsman) in terms of Article of the Constitution. Act No: 17 of 1981 defines the powers, duties and functions and provides for matters connected with and incidental to the exercise of the powers, duties and functions of the Ombudsman. Section 10 of the Act provides for the Public petitions Committee of Parliament to refer any petition presented by a Member of Parliament, which discloses an infringement of a fundamental right or other injustice by a public officer or officer of a public corporation, local authority or other like institution to the Ombudsman for investigation and report. The Parliamentary Commissioner for Administration (Amendment) Act. No: 16 of 1991 permitted any person subject to a violation of a 1

fundamental right or injustice at the hands of a public officer or officer mentioned in the main Act to make a complaint directly to the Ombudsman. The Ombudsman has the discretion in investigate and report on such a complaint, if he is of the view that a breach of a fundamental right or injustice is disclosed. Upon the conclusion of the investigation, the Ombudsman is obliged to determine whether there has in fact been or likely to be any infringement of a fundamental right or injustice and make a report giving reasons therefore and make a recommendation he thinks fit to the head of the institution concerned and the Minister to whom the department, public corporation, local authority or other institution has been assigned and also to the Public Petitions Committee of Parliament.

Organizational Structure

Implementation Arrangements

Section 17 of the Act enables the Ombudsman to require the head of the institution to notify within a specified time the steps which he proposes to take to give effect to his recommendation if no action is taken by the head of the Institution, the Ombudsman shall make a report on such failure to the President and Parliament for necessary action.

Addressing Systemic Issues

The Ombudsman is bound by law, at least once every calendar year to send to the President and to Parliament a report containing an analysis of the work done during the preceding year in the exercise, performance and discharge of his powers, duties and Functions and suggestions for the improvement where weaknesses in the existing administrative procedures are detected.

Investigative Techniques

Every investigation done by the Ombudsman is conducted in private No. person is entitled as of right to be present at an investigation. Nor shall he be represented by any other person. The Ombudsman is not obliged to hold any hearing but may make such inquiries as he considers necessary. He may hear evidence, obtain information or entertain representation from such persons he deems fit. However, the head of the institution the officer against whom a complaint has been lodged shall be entitled to make representations either orally or in writing to the Ombudsman. The Ombudsman may regulate the inquiry procedure as he deems fit.

Public Grievances & Redress (PGR) Rules & Standards

The Ombudsman may investigate and report on any matter which discloses an infringement of a fundamental right or other injustice by a public officer not withstanding anything in any other written law, which provides that any decision, recommendation, act or omission shall not be called in question in any court or other tribunal by way of writ or otherwise. No suit or prosecution shall lie against the Ombudsman for any act which in good faith is done of purported to be done by the Ombudsman. Nor shall any action., prosecution, or other proceeding civil or criminal, be instituted in any court or tribunal against the Ombudsman in respect of any report made by the Ombudsman or against any other person in respect of the publication by such person of a substantially true account of such report.

Freedom of Information (FOI) Standards

The Ombudsman has the power for the purposes of any investigation to procure and receive all such evidence written or oral ad examine all such persons as witnesses as he may think necessary, except in cases where the provisions of any special law to maintain secrecy applies. The Ombudsman may for the purposes of investigation enter and inspect any premises or place, other than a prohibited place within the meaning of the official secrets Act, after notifying the head of the institution concerned.

Use of Technology Public Awareness & Outreach

The Office of the Ombudsman has provision for the receipt of complaints by E-mail and Fax. However, the majority of the complaints received are in the form of letters sent through the post. All correspondence with the relevant institutions also is in the same form.

The Office of the Ombudsman is located in the Capital Colombo. With the intention of causing least disruption to the functioning of the respondent institutions and lowering the expense involved in 3

complainants and officers from the outlying districts raveling to Colombo the Ombudsman holds inquiries in the districts. This has the added benefit of creating a greater awareness of the Ombudsman amongst the people in those districts. This office has distributed pamphlets describing the functions of the Ombudsman to schools throughout the island. The Ombudsman has been invited by the Ministry of Constitutional Affairs to address public officers at conferences organized at provincial level.

Linkages with Civil Society

Not infrequently, the Ombudsman participates at seminars and workshops arranged by nongovernmental organizations to train personnel on human rights. And its also a member of the Asian Ombudsman Association.

Parallel Complaint Redress Systems

Human Rights Commission of Sri Lanka established by Act. No. 21 of 1996. Commission to Investigate Allegations of Bribery or Corruption established by Act No 19 of 1994. Administrative Appeals Tribunal established by the 17th amendment to the Constitution in 2001. National Police Commission established by the 17th amendment to the Constitution in 2001. University Services Appeals Board established under the provisions of the University Act No 16 of 1978. Tax Ombudsman ___ ad-hoc appointed by the Minister of Finance. Finance Ombudsman appointed by a board of directors of a consortium of banks. Insurance Ombudsman appointed by a board of directors of a consortium of insurance companies. Police Ombudsman appointed by the Inspector General of Police to inquire into grievances of police officers. As matter of policy the Ombudsman discontinues any investigation into a complaint where the complainant had had recourse to an alternative redress system.