Ombudsman can be the key to ensuring good governance in Bangladesh

Bangladesh has made significant strides in its socio-economic and political landscape since gaining independence in 1971. Despite these advancements, the country faces challenges related to governance, corruption, and the protection of citizens' rights. 

Within this context, appointing an Ombudsman becomes imperative to ensure transparency, accountability, and the protection of citizens' rights. 

The concept of the ombudsman originated in Sweden in the early 19th century, intending to provide citizens with an independent mechanism to address grievances against public authorities. 

Over the years, this institution has gained widespread acceptance and has been adopted by many countries as an essential component of good governance. Bangladesh also recognises the need for an Ombudsman to address the growing concerns related to bureaucratic inefficiency, corruption, and human rights violations.

In India, the ombudsman is known as Lokpal. This institution was set up in 1969. Indian civil society launched a Jan Lokpal movement and became successful in pursuing the Lok Sabha to pass the Jan Lokpal Bill in 1969.

The constitutional foundation for the Ombudsman in Bangladesh is laid out in Article 77 of the Constitution of the People's Republic of Bangladesh. It explicitly authorises the establishment of the office of the ombudsman as an independent and impartial institution, underscoring its role in safeguarding citizens' rights. 

Following the constitutional provision, the relevant provisions of the Ombudsman Act 1980 (Act No XV of 1980) empower the state to establish the office of the ombudsman to investigate complaints of maladministration against public authorities. On 6 January 2002, the Act came into effect. Unfortunately, no ombudsman has been appointed yet.

One of the primary reasons for the necessity of an Ombudsman in Bangladesh is to enhance transparency and accountability within the government. Bureaucratic red tape, corruption, and lack of accountability can impede progress and erode public trust. 

The ombudsman, as an independent institution, can investigate complaints against public officials and agencies, ensuring that they fulfill their duties responsibly.

The Bangladesh Awami League's commitment to good governance is reflected in its comprehensive vision for a Digital Bangladesh. While commendable progress has been made, challenges persist, and the effectiveness of the initiative will depend on sustained efforts, citizen engagement, and the ability to adapt to evolving governance needs. 

As Bangladesh continues on its developmental journey, realising these promises will play a pivotal role in shaping the country's governance landscape. A focal point of the 2023 manifesto is the continuation and expansion of the Digital Bangladesh initiative. 

The next phase of development is called Smart Bangladesh. The vision of a Smart Bangladesh is intrinsically linked to the principles of good governance. By outlining specific strategies across various facets of governance, the Awami League seeks to build on past achievements and address emerging issues, demonstrating its commitment to advancing the nation's socio-economic and political scenario through principles of good governance. 

By leveraging technology, fostering transparency, promoting citizen engagement, and ensuring inclusiveness, Bangladesh can pave the way for sustainable and progressive development. The synergy between good governance and the Smart Bangladesh initiative creates a roadmap for a future where innovation and ethical governance converge to elevate the nation to new heights of prosperity and well-being. 

Accountability is a cornerstone of good governance, and its absence in the public financial system contributes to economic challenges such as poor revenue collection, irregularities in the banking sector, etc. 

The limited accountability of public officials for financial mismanagement or corruption undermines the deterrent effect of accountability mechanisms. A robust system that holds individuals accountable for their actions is essential for promoting responsible financial governance. 

The ombudsman may serve as a linchpin in bringing accountability to the public financial sector. Through its investigative and oversight functions, the ombudsman can ensure that financial decisions are made transparently, public funds are managed responsibly, and citizens have a reliable mechanism to address grievances. 

The role of the ombudsman is instrumental in upholding the principles of good governance within the public financial sector, fostering a culture of accountability that is essential for the sustainable development of any nation.

Corruption remains a significant challenge in Bangladesh, hindering economic development and eroding public trust. With its investigative powers, the ombudsman can play a pivotal role in exposing corrupt practices within public institutions. 

By holding officials accountable and recommending appropriate actions, the ombudsman contributes to the overall effort to combat corruption and promote a culture of integrity and transparency.

Civil society organisations in Bangladesh seem not to be as vocal about the failure to appoint an ombudsman, as those in India. Recently, the Center for Policy Dialogue (CPD) has demanded the setting up of an independent office of the ombudsman. One might argue that there is no necessity for another institution if the Anti-Corruption Commission (henceforth the ACC) can act independently. The office of the ombudsman has a wider range of power than the ACC. 

Article 77 of the Bangladesh Constitution and section 6 of the Ombudsman Act 1980 state that the office of the ombudsman has 'the power to investigate any action taken by a Ministry, a public officer or a statutory public authority', whereas section 17 of the Anti-Corruption Commission Act 2004 states the ACC has the power to a limited number of cases. 

In Sweden, there are sector-wise ombudsmen, e.g. the Equal Opportunities Ombudsman, the Ombudsman against Ethnic Discrimination, the Children's Ombudsman, the Office of the Disability Ombudsman, the Consumer Ombudsman, etc. However, section 3 of the Ombudsman Act 1980 provides that there shall be one ombudsman in Bangladesh.

As per section 1o of the same Act, if the ombudsman thinks it necessary, he could appoint officers. He could set up departments such as the Equal Opportunities Department, Consumer Department, etc. So, an independent office of the ombudsman can function efficiently and look into various public matters.

To conclude, the appointment of an Ombudsman in Bangladesh will be a crucial step towards building a more transparent, accountable, and rights-oriented governance mechanism. The ombudsman could serve as a bridge between the government and its citizens, ensuring that public institutions operate in the best interests of the people. 

As Bangladesh continues to progress, the ombudsman becomes an indispensable institution, promoting good governance and protecting the fundamental rights of its citizens. 

Otherwise, bad elements in the government might eat up the economic development achieved under the leadership of Prime Minister Sheikh Hasina and similarly, might obstruct the road leading to the 'Shonar Bangla', a noble dream of Father of the Nation Bangabandhu Sheikh Mujibur Rahman.

Professor Dr Mizanur Rahman is the Former Chairman of the National Human Rights Commission, Bangladesh.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.