93704 January 2015, Number 137 A JORDAN OMBUDSMAN BUREAU WITH ENHANCED CAPACITY Emmanuel Cuvillier, Salam Almaroof1 public services, which will assist the government to disseminate best practices throughout the public Introduction: The World Bank is mainstreaming administration, as well as increasing its citizen engagement through – among other things – transparency and effectiveness in serving the public. supporting the development of Grievance Redress Mechanisms (GRMs), which are used by Ombudsman Institutions as a vehicle to enhance citizen voice and government responsiveness in order to advance citizen-centered governance. The recent inclusion of an indicator on grievance redress (% of registered grievance resolved) in its corporate score card is likely to see more GRMs being integrated into sectorial projects/programs and their Logo of the Jordan Ombudsman Bureau results frameworks. The Jordan Ombudsman Bureau began addressing The Ombudsman Bureau in Jordan was established complaints in 2009, and has dealt with more than in 2008. It was created to provide an avenue for 9,000 complaints from 2009 to 2013. During this redress by citizens for complaints against public period, the complaints were sent by form using the sector bodies - part of the Government’s drive to country’s existing network of 365 post offices but, it improve the public sector. Such a body is important should be able to accept on-line complaints through in providing checks and balances in a government an electronic platform in the near future. dominated by a strong executive branch. It also provides an alternative process of dispute resolution to filing cases in courts, thus relieving pressure on the court system and providing a means of redress that may prove more accessible than the courts for certain categories of disputes. The mandate of the Ombudsman Bureau involves investigating complaints from citizens against public entities and resolving disputes amicably through mediation and recommending corrective action when necessary. The Ombudsman Bureau also has a mandate to initiate dialogue directly with public- sector bodies in cases where problems are identified. This allows it to advise on improving the delivery of 1 This project (Jordan IDF Grant TF-99639 – Ombudsman Capacity-Building Support Project – P.122070) was supervised by Emmanuel Cuvillier, Sr. Public Sector and Governance Specialist (TTL) , and Salam Almaroof, Public Sector Analyst. Both work in World Bank’s Governance The first few years of its operation constitute a Global Practice (GGODR). The MENA K&L Quick Note critical phase in terms of building appropriate was cleared by Hisham Waly, Practice Manager (GGODR). capacity, adopting international standards of performance, and reaching out to citizens to enough time to build systems, procedures and effectively implement its mandate. In addition to capacity. Given the already high demand for its being a new organization, the Ombudsman Bureau services, now likely to increase as the Ombudsman must perform a mandate that it is completely new to Bureau signs memorandums of understanding both the public sector and private citizens. It is one (MoU) with other public-sector bodies, internal of only a few Ombudsman Institutions in MENA. complaint management system needs enhancements. The development objective of the World Bank funded project, launched in July 2011 and completed in August 2014, was to build the capacity of the Jordan Ombudsman Bureau to perform efficiently and effectively, by achieving the following: 1) Strengthening its service delivery and management systems. 2) Establishing a complaints administration process that resolves complaints in a fair manner and in timely fashion. 3) Ensuring that recommendations to other public bodies about improvement of services are accepted and implemented. This project was linked to two of the four pillars of the 2006–2010 Country Assistance Strategy (CAS): supporting local development through increased access to services; and supporting public-sector reform. An ombudsman bureau with enhanced capacity would promote more efficient service delivery at the local level, and help improve public sector performance by addressing individual complaints from citizens. It also supported one of the objectives of the Jordan Country Partnership Strategy (CPS FY12–FY15) in generally supporting public sector development and improving delivery of public-sector services. An enhanced ombudsman bureau would play a key role in improving service delivery given the complaints it receives related to civil servants. However, as a new institution, the Ombudsman Bureau's capacities must be enhanced for it to play its full role in the overall program of public-sector reform. Results achieved: By early 2015, when the automated complaints management system is fully operational, the Jordan Ombudsman Bureau will be able to deliver its mandate efficiently and effectively Nature of the present challenge: The main and help implement the government reform agenda challenge for the Jordan Ombudsman Bureau is its by improving living standards for Jordanians, since ability to effectively address the many complaints it more complaints will in the future be addressed by receives. Though it was expected to do this the Bureau and involve, among other issues, such immediately upon establishment, it was not given January 2015 · Number 137· 2 issues as employment, access to basic public 20% for Article 18 (violation of law; injustice, abuse services, and access to social welfare benefits. or inequality; based on unlawful instructions or unfair procedures; and carelessness, negligence or How was this achieved? Since 2009 the error) and around 16% for Article 12 (Investigate Ombudsman Bureau has been effectively complaints; and Issue recommendations to simplify contributing to public sector improvements by administrative procedures in order for citizens to enhancing service delivery and transparency, and by benefit from public services). The initial proposal of providing an avenue for citizens to challenge parliament to merge the Ombudsman Bureau with decisions by public-sector bodies. The increased the Anti-Corruption Commission has delayed the level of activity since 2009 with increased levels of adoption of the new legal framework. IT will now be efficacy, have largely contributed to the Bureau’s put in place. However, there was a significant efficiency. When considering the three project improvement in the implementation of decisions as monitoring indicators - defined during preparation – a result of the project. and a fourth added during project implementation, the situation is as follows: Indicator 3: Formal procedures for improved cooperation developed, with four of the eight Indicator 1: Reduction in time needed to resolve agencies receiving the most complaints. As part of cases to an average of three months. In 2009, it took activities related to this project, the Bureau has on average more than 6 months to resolve a significantly increased its capacity to collaborate complaint filed with the Ombudsman Bureau. In with other public-sector bodies, and to monitor and 2012, the percentage of resolved complaints in less evaluate progress on this. than 3 months was at 62.20% (943 cases), which was slightly improved compared to 2011’s 62.15% before Indicator 4: Simplification of procedures with the project. Revised legislation will now be other public entities for resolving cases. In 2011, introduced in 2015 specifying that resolution of there were no formal procedures governing complaints will take no more than three months. cooperation between the Bureau and other public entities in addressing complaints and recommendations. Locally, a MoU had been signed previously by the Ombudsman Bureau with the Civil Service Bureau. Further to the workshop organized by the Bureau with Jordanian public entities in February 2013, the signing of MoUs by representatives of the Ministry of Social Development, the Ministry of Health, the Ministry of Finance, the Ministry of Interior, the Ministry of Education, the Jordanian Armed Forces, the Ministry of Justice, etc. is still under discussion. The debate was delayed following the decision by parliament to merge the Ombudsman Bureau and the Anti-Corruption Commission. These MoUs should be signed in 2015. Moreover, the Bureau recently became an essential part of Jordan’s new “National Integrity System” Indicator 2: Within two years, 50% of decisions (NIS) which seeks to serve citizens, preserve their will be implemented. In 2011, the Ombudsman dignity and safeguard their assets through enforcing Bureau had no means of measuring the extent to laws and regulations based on principles of which its recommendations were accepted and transparency, justice, and equality among citizens. implemented by other public-sector bodies. In 2011, it was expected that 50% of Ombudsman Bureau Internationally, the Ombudsman Bureau has signed recommendations would be accepted and two “Agreements on cooperation in the field of implemented. However, recommendations are not Human Rights” with Poland’s Human Rights binding and 2012 percentages remained at around Defender of and Netherland’s National January 2015 · Number 137· 3 Ombudsman in December 2011 and September 2012 B) In most countries, ombudsman institutions do not respectively. Another was signed in 2013 with the have binding powers; only persuasion powers via Moroccan Mediator (Institution du Médiateur du recommendations and other means. Therefore, it Royaume du Maroc). will be important to explore incentives and make more visible compliance data and recommendations. Lessons Learned: C) The Bureau should make the public aware on 1) The lack of clarity on the position of the Bureau in how best to oversee investigation of complaints of the Governmental structure created major delays in improper government activity against citizens. project implementation and led to restructuring the project in 2013. Clearly upfront political and D) The Bureau should be perceived by Jordanians as economic analysis during the initial phase of the main gateway into government: providing preparation was needed. information, mediating conflict, investigating malpractice and ensuring that complaints lead to 2) The ability and capacity of the Bureau to provide investigations. As such, a communication and effective and sufficient resolution of complaints is outreach strategy is needed as soon as possible. dependent on the presence on sound management structures and systems. E) The Bureau should be fully part of the implementation of the Executive Plan of the 3) The Ombudsman Bureau provides a flexible National Integrity System (NIS) and should also approach to advance accountability as it relies on focus on the simplification of procedures for dialogue and persuasion. resolving cases with other public entities. 4) The capacity of the implementing agency F) The Bureau’s interaction with other horizontal (contract management, procurement, monitoring accountability institutions will be crucial for the and reporting, etc.), even when thoroughly assessed overall accountability system to work and to with clear identification of the risk and mitigation improve significantly. measures, doesn’t guarantee successful implementation in the absence of strong leadership G) There is a need for the Bureau to develop of the government in moving things. knowledge exchanges with similar institutions at the regional level 2 and also globally. 5) An automated complaint management system will be the key to providing more accurate and A few questions for further thought : How could timely statistics, while also helping in the reporting World Bank task team leaders engage with and assessment of government policies and Ombudsman Institutions? How could complaint programs. This data will be useful for undertaking data received by Ombudsman Institutions in specific the World Bank Systematic Country Diagnostic services be complemented with audits from Audit (SCD) for Jordan and developing the Country Institutions for more evidence-based TA support? Partnership Framework (CPF). How to link World Bank project-level Grievance Redress Mechanisms (GRMs) with country-level Key Recommendations: GRMs such as Ombudsman Institutions? A) Reforming financial and administrative systems, strengthening organizational values and ethics in state institutions, fighting and preventing corruption, and rooting the practice of the right to access to information, in addition to consolidating transparency, justice and accountability in administrative decision making within government institutions, the private sector and civil society, are all priorities that will not be achieved without integrating the role of public oversight agencies like the Jordan Ombudsman Bureau, in line with best 2 practices and professional standards. Association of Mediterranean Ombudsmen (AMO): http://www.ombudsman-med.org/eng/?id=6&id_sp=0 January 2015 · Number 137· 4 January 2015 · Number 137· 5