Bangladesh still without Ombudsman

Bangladesh has yet to establish the Office of the Ombudsman, even 55 years after its independence, despite having both a constitutional provision and a law authorising the institution to investigate misconduct, negligence and abuse of power in public administration.

Article 77 of the Constitution provides for the establishment of an ombudsman with the authority to investigate actions taken by ministries, public officials and statutory public bodies. Parliament also enacted the Ombudsman Act in 1980, but successive governments have not made the institution operational.

The issue recently reached the High Court after Supreme Court lawyer Ishrat Hasan filed a writ petition challenging the prolonged failure to appoint an ombudsman.

On May 21, the High Court asked the government to explain why its failure to establish and operationalise the office should not be declared unconstitutional. It also questioned why the authorities should not be directed to make the institution fully functional.

SHUJAN Secretary Badiul Alam Majumdar told The New Nationa that the government is responsible for ensuring the rule of law. If it can do so effectively, an Office of the Ombudsman may not be necessary.
“However, considering the current situation, establishing the office is urgently needed.”

The cabinet secretary and the secretaries of the Law and Justice Division and the Legislative and Parliamentary Affairs Division were asked to respond to the rule.

Under the Ombudsman Act, the institution would be able to investigate allegations of administrative injustice, undue favour, negligence, bureaucratic delays and improper personal benefit.

However, it would not have jurisdiction over cases pending before courts or the conduct of judges and other judicial officers.

Legal expert say the ombudsman would have a broader role than the Anti-Corruption Commission. While the ACC primarily investigates criminal corruption, an ombudsman could address citizens’ complaints involving harassment, unfair decisions, discrimination, poor service and abuse of administrative authority.

Petitioner Ishrat Hasan said the prolonged absence of the institution had deprived citizens of an effective mechanism for seeking remedies against misconduct and negligence in public offices.

She said an independent ombudsman could strengthen transparency, administrative accountability and good governance by acting as a bridge between citizens and public authorities.

The High Court is expected to deliver its decision after hearing the government’s response to the rule.