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mediated and access to knowledge is by connecting to people that know or know who to contact.” (Denham Grey)
It is most heartening that, the Hon'ble Conference delegates have unanimously agreed to establish an “Organization of Islamic Cooperation Ombudsmen Association” (OICOA) that will greatly facilitate them in their efforts to move forward and share their ideas, knowledge and experiences to strengthen the Ombudsman Institution in their respective countries.
Pursuant to adoption of the Islamabad Declaration, a Secretariat of the OIC Ombudsmen Association has been established at Islamabad (Pakistan). To move ahead with the tasks to be accomplished by the said Association, the Chairman of the Steering Committee, Mr. Abdur Rauf Chaudhry, has appointed Mr. Abdul Khaliq as Secretary of the OICOA along with nucleus staff for the Secretariat. Moreover, work on the development of a dynamic website for the Association is at an advanced stage and will be launched shortly. Similarly, initial work on drafting the Bye Laws, Rules and Procedure for the OICOA has been started. However, proposals and suggestions from the learned Ombudsmen of the Member States have also been invited.
ith the grace of Almighty Allah, the Federal Tax Ombudsman, Pakistan, under the W
auspices of the Forum of Pakistan Ombudsman (FPO) is privileged to host the first Conference on “Networking of Ombudsmen in the Organization of Islamic Cooperation (OIC) Member States," held on the 28th and 29th April, 2014 at Islamabad (Pakistan). The Forum is grateful to the distinguished guests from the Ombudsman Institutions of OIC Member States, Organization of Islamic Cooperation, World Bank, Islamic Development Bank, Asian Development Bank, Asian Ombudsman Association and International Ombudsman Institute who graced the occasion and made an invaluable contribution in strengthening the Ombudsman Institution in the Muslim world by resolving to induct state of the art Information and Communications Technology, adopting international best practices and ensuring professionalism at all levels in the work done by the Ombudsman.
There can be no doubt that the Conference has provided an excellent opportunity to the distinguished delegates of OIC States for sharing their ideas, knowledge and experiences for the future development of the Ombudsman institutional framework. However, notwith-standing the many achievements of the two days moot at Islamabad, we cannot afford to rest on our laurels and become complacent. Rather, we must re-double our efforts to establish close linkages between OIC Ombudsmen in which the imaginative use of relevant knowledge is a predominant feature. It has rightly been said that:
“Knowledge is embodied in people gathered in communities and networks. The road to knowledge is via people, conversat ions , connect ions and relationships. Knowledge surfaces through dialog, all knowledge is socially
CHIEF EDITOR
Mr. Abdul Khaliq Secretary, FTO/FPO/OICOA Secretariat,Islamabad
EDITORS
Mr. Muhammad Munir QureshiAdvisor, FTO Secretariat, Regional Office, Lahore
Mr. Muhammad Liaquat Munir RaoAdvisor (I&M) / Director General, FTO Secretariat, Islamabad
Mr. Sarfraz Ahmad Syed Advisor, Federal Ombudsman for Protection against
Harassment of Women at Workplace, Islamabad
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ollowing the acceptance of a proposal put Fforward by the Foreign Minister of Pakistan in the 39th Session of the Council of Foreign Ministers of the Organization of Islamic Cooperation (OIC), held in Djibouti from 15 to 17th November, 2012, a Conference on “Networking of Ombudsmen in the OIC Member States" was held from 28th to 29th April, 2014 at the Serena Hotel, Islamabad (Pakistan). The theme of the Conference was “Strengthening the Institution of Ombudsmen in OIC Member States by sharing Knowledge, Experience and Ideas. The Conference was attended by delegates from 23 OIC Member States.
he Inaugural Session of the Conference was Tgraced by the Hon’ble Mr. Mamnoon Hussain,
President of the Islamic Republic of Pakistan. The
proceedings were commenced with National
Inaugural Session
Welcome address by the Hon'ble President of the Forum of Pakistan Ombudsman, Mr. Abdur Rauf Chaudhry,
Anthem of Pakistan followed by recitation of
verses from the Holy Quran. In his welcome
address, the Hon'ble Mr. Abdur Rauf Chaudhry,
President of the Forum of Pakistan Ombudsman
stated that history teaches us that States prosper
when they are able to run their affairs in an orderly
fashion and in a manner that is perceived by the
general populace to be transparent, equitable and
consistent with the laws in vogue. He said that this
would be possible only if those charged with
administering laws do so efficiently, with
knowledge, justice and without any bias,
discrimination or expectation of undue favor or
gain. All the States have formal Court systems for
dispensation of justice. But, over time, the regular
Courts have become so burdened with excessive
load of work that the dispensation of expeditious
justice to plaintiffs has become the exception and
not the rule. Justice delayed is justice denied; and
protracted delay is even worse.
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The Hon'ble Ombudsman while highlighting the role of the institution of the Ombudsman stated that to the Ombudsman, delay is anathema and tha t i s why he equa tes de lay w i t h 'maladministration.' As this is an oversight office it is designed to take early cognizance of delay and to institute effective remedial measures to diagnose, redress and rectify the wrongs perpetrated by those charged with Public Administration. This short cut to justice has enormous intrinsic value for it makes possible what may otherwise be impossible. Of course delay is not the only problem that confronts citizens as they go about their daily business. In many States corruption is a huge problem. In others, arbitrariness, discrimination and bias of public officials render lives miserable. The Ombudsman has a role to play in all these instances of maladministration.
While elaborating the expanded role of the modern Ombudsman, the Hon'ble Ombudsman stated that today our lives are dominated by technology unlike never before and public functionaries alone are not responsible for the problems citizens face. Corporate and other entities in the private sector often interact closely with citizens and are responsible for many of their woes and the Ombudsman has been ordained to deal with this new brand of functionary spawned by aggressive new entities in the private sector. As a result, the Ombudsman is today qualitatively quite different from his ancestor of yesteryears. He further stated that in the post-World War II era, an increasing concern with human rights violations by the State and by entities in the private sector has brought to the fore new areas of responsibility for the Ombudsman. Problems in the industrial era workplace for new breeds of workers, including women and children, often employed by rapacious entrepreneurs, have introduced yet another dimension to the Ombudsman's charter.
The learned speaker informed the audience that
recognizing the significant potential of the office of
the Ombudsman in redressing the grievances of
those who have suffered at the hands of public
functionaries, in 1983 Pakistan became one of the
first countries in Asia to appoint the modern day
Ombudsman based on the Swedish model. The
idea has not only taken root but has blossomed
into a full- fledged institutional arrangement, both
at the Federal and Provincial tiers of government.
Since 2000 a number of single mandate Federal
Ombudsmen have also been appointed who
investigate mala- administration issues pertaining
to Federal Taxation, Banking, Insurance and
workplace harassment of women.
Further, in April 2011, the Forum of Pakistan
Ombudsman was set up comprising all twelve
Federal and Provincial Ombudsmen with the
objective of improving coordination among the
members and standardizing their practices, as
also for raising their capacity and enhancing the
quality of their service-delivery.
Mr Abdur Rauf Chaudhry invited OIC
Ombudsmen to move forward and strengthen
Ombudsmanship by sharing experiences,
upgrading professional capability and enhancing
the capacity of Ombudsmen personnel through
effective training and use of cutting edge
technology in their day to day work. He said that
a great deal of effort and ingenuity would be
required to ensure that all 57 OIC Member States
embrace the Ombudsman Office wholeheartedly
and join the Forum of OIC Ombudsmen.
Presently, only 29 OIC Members have this
important office. A degree of salesmanship may
therefore be required to induce the reluctant
friends to shed their inhibitions and agree
willingly to establish the Ombudsman office and
join the Forum.
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Address by the Chief Gust Hon'ble Mr. Mamnoon Hussain, President of the Islamic Republic of Pakistan
on'ble Mr. Mamnoon Hussain, President of Hthe Islamic Republic of Pakistan graced the Conference with his presence and addressed the delegates. He lauded the galaxy of Hon'ble
personalities who had dedicated their time and passion for the cause of good governance. Their presence in the Conference was an acknowledgment of their commitment to this noble cause. He welcomed the distinguished guests to the Conference and hoped that this first interaction would lead to a long term arrangement that will synergize their efforts to accomplish the goal of good governance, justice and social peace through effective Ombudsmanship amongst the brotherly countries of the OIC.
While reviewing the background of this Conference he said that this event had been conceived much earlier. It's basic outline was configured in the 39th session of the OIC Council of Foreign Ministers Conference held at Djibouti in November 2012. It was in that Conference where, on the initiative of the Foreign Minister of Pakistan, the decision was taken to link up and integrate the OIC Ombudsmen through a process of networking and help them develop policies and
Address by Dr. Emhemed A.S. Egledi, Director, Legal Affairs Department, OIC on behalf of His Excellency Ayad Bin Amin Al-Madani, Secretary General, OIC
is Excellency Dr. Emhemed A.S. Egledi, HDirector, Legal Affairs Department, OIC addressed the Conference participants on behalf of H.E. Ayad Bin Amin Al-Madani, Secretary General of the OIC and conveyed his gratitude to the organizers of the Conference for being given an opportunity to address the participants. He stated that with their participation the Member States of the OIC had resolved to strengthen and support, nationally and internationally, good
governance, democracy, human rights, personal freedoms and the rule of law, and to include this in the Charter of OIC as one of its stated goals. He said that the OIC welcomed this initiative as well as the efforts being made to bring about a networking of Ombudsman Institutions, in the OIC member States. He appreciated that all member States of the OIC were irrevocably committed to the promotion of good governance and the Ombudsman Institution was an integral part toward seeking this objective. Finally, he thanked the government of Pakistan for its initiative in hosting the Conference.
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programs to augment capacity, enhance efficiency and make them more effective agents of change in bringing about a significant improvement in governance in each OIC country. Today we take practical steps to move forward in the direction that was charted almost 18 months ago.
The Chief Guest while sharing the history of the modern Ombudsman Institution with the audience stated that the Institution of Federal Ombudsman has been functional in Pakistan as Wafaqi Mohtasib since 1983. He said that the modern Ombudsman is actually a variant of the Islamic era Mohtasib, conceived in the caliphate of Hazrat Omar'(RA) as Qadi-al-Qadat followed by the Diwan-al-Mazalim and the Ottoman era Mohtasib. The Mohtasib was a public official who conducted accountability of public officials. He enjoyed complete independence and functioned within the documented framework. The Islamic era Mohtasib is thus the institutional precursor of the modern day Ombudsman-a Nordic innovation.
The Hon'ble Chief Guest further stated that Pakistan, pursuing the pulse of the age, has been eager to promote new norms of Ombudsmanship. Pakistan is one of the first countries in Asia to embrace the modern day Ombudsman based on the Swedish model. The Institution of Ombudsman enjoys statutory guarantees of tenure, autonomy and scope of authority. Each province in Pakistan has its own Ombudsman modeled on the Federal Ombudsman. Since 2000, a number of single mandate Ombudsmen have also been appointed. Besides that a dedicated Institution of Ombudsman for Protection against Harassment of Women at Workplace has also been established.
The Hon'ble President drew attention of the audience towards the Forum of Pakistan Ombudsman which was set up in April 2011, comprising all Ombudsmen of the country with the objective of improving their effectiveness and
enabling them as vehicles to achieve good governance. It has helped achieve several milestones. The Forum has provided a common platform to share knowledge, experience and ideas for the enactment of the Federal Ombudsmen Institutional Reforms Act, 2013 that has gone a long way in promoting Ombudsman empowerment in Pakistan. Through this Forum, collating their combined expertise and experiences and willing to devise innovative strategies to face many challenges that the Ombudsman faces in the 21st century, the Ombudsman has been transformed from a largely ceremonial office to one invested with considerable authority for the greater good of the long suffering public. The experience gained in Pakistan in using cooperative efforts combined with imaginative legislative support to enhance the institutional effectiveness of the Ombudsman can be put to good use in implementing the program of networking envisaged for OIC Ombudsmen. The President supported and appreciated the Forum of Pakistan Ombudsman view that the Ombudsman Institution be adopted by all member States of the Organization of Islamic Cooperation so as to synergize efforts for the betterment of our peoples.
Following the address of the Chief Guest, the Federal Tax Ombudsman presented souvenirs to the Hon'ble President of Pakistan.
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and the governing. In her concluding remarks, she expressed the hope that this would be a very productive Conference and held out an assurance that the International Ombudsman Institute would help create linkages with non-member institutions in order to assist the development of our mutual goals to help strengthen Ombudsmen everywhere to fulfill their mandate.
After the video message of the President, IOI, a number of distinguished delegates addressed the audience. The speakers who took part were Hon'ble Justice (Retd) Yasmin Abbasey, Federal Ombudsman for Protection against Harassment of W o m e n a t Workplace; H. E. A b d e l a z i z B e n z a k o u r , O m b u d s m a n , K i n g d o m o f M a r a c c o ; H . E . Professor Elmira S u l e y m a n o v a , Commissioner of Human Rights (Ombudsman), Republic of Azerbaijan; H.E. Mr. Valiollah Khobreh, Vice President of General Inspection Organization of Iran; Hon'ble Mr. Asad Ashraf Malik, Provincial Ombudsman, Sindh, Pakistan; H.E. Mr. Ibrahim Bin Saleh S. Alsuwailim, Diwan Al Madhalim, Kingdom of Saudi Arabia; H.E. Mr. George Nathan Bamugenereire, Deputy Inspector General, Republic of Uganda; Hon'ble Professor Dr. Mira Phailbus, Provincial Ombudsman, Punjab, Pakistan; H.E. Mrs. Kartini Istikomah, Ombudsman, Republic of Indonesia; H.E. Mr. Mohammad Rashed Abdullah Al Romaihi, Inspector General, Kingdom of Bahrain; H.E. Mr. Chieffou Amadu, Ombudsman, Republic of Niger; Hon'ble Mr. Anisul Hassnain Moosvi, Banking Mohtasib, Pakistan; and Mr. Muhammad Ijaz Qureshi, Advisor, Office of the Federal Ombudsman, Pakistan.
Working Sessions
fter the inaugural session, a regular working Asession of the Conference was held that commenced with the screening of a video message from the Hon'ble Dame Beverley Wakeham, Pres iden t , I n te rna t iona l Ombudsman Institute (IOI), Sweden. The President IOI congratulated the OIC Member States and the Forum of Pakistan Ombudsman for
their laudable initiative to strengthen the Ombudsman Institution in the OIC member States. She said that this was a critical time for Ombudsmen around the world and the Institution faced many challenges. These include, maintaining confidentiality in the face of increasing demands for openness, the need for Ombudsmen to take on additional responsibilities especially in the field of human rights, maintaining the independence of the office in a climate of change, raising the capacity and capability of Ombudsmen and their staff, managing risk, maintaining oversight of bodies that deliver public services but are increasingly, partially or wholly, being privatized and responding to the needs of an ageing population, vulnerable children and the disabled. She said that the Ombudsman had a strong moral voice and was uniquely placed to mediate the relationship between the governed
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laws and finally the actual steps required to accomplish the objective of strengthening the Ombudsman in the OIC member States. .
The participants approved the idea of setting up an Association and at the outset emphasized that implementation of the Islamic concept of accountability should be the top priority of the proposed Association. It was also agreed that till such time that a permanent venue is selected, as an interim arrangement, the Secretariat of the Association be based in Islamabad (Pakistan). It was also agreed that the Secretariat would make arrangements to develop capacity of Ombudsmen personnel in all OIC States by devising training programs tailored to their specific needs. There would also be an exchange of information relevant to all aspects of Ombudsman's operations. Furthermore, it was agreed that there would be a General Assembly consisting of all member Ombudsmen of the Association. In order to draw up a Constitution for the Association and draft its by-laws, rules and procedures to govern the day to day business of the Association, a Steering Committee was agreed to be constituted, comprising members of the Association from Guinea, Indonesia, Iran, Jordan, Morocco, Niger, Pakistan, Sudan, and Turkey. President of the Forum of Pakistan Ombudsman would Chair the Steering Committee and take necessary measures to ensure the orderly working of the Secretariat. The Steering Committee is to present its draft report within one year of this conference session to be placed before the General Assembly in the next meeting of the OIC Ombudsmen to be held in Turkey (as offered by the delegate from Turkey subject to grant of approval by the Government of Turkey).
After obtaining the consensus of all delegates a brief statement called the “Islamabad Declaration” was prepared and read out by Mr. Muhammad Munir Qureshi, Advisor to the Federal Tax Ombudsman, Pakistan before the distinguished
Networking of Ombudsman in OIC Member States Identification of Areas & Ways and Means
he deliberations of the 2nd day of the TConference were chaired and moderated by Mr. Justice (Retd) Muhammad Raza Khan, Special Secretary, Ministry of Law & Human Rights. Introducing the agenda, he praised the
participants' endeavor to strengthen the Ombudsman Institution. He opined that the work done by the Ombudsman was ennobling and provided a unique opportunity to do good in this world by providing succor to the needy and be rewarded for the same in the hereafter as well.
Mr Muhammad Raza Khan sought specific recommendations from the participants, based on their deliberations during the Conference, to proceed ahead with concrete steps to strengthen the Ombudsman Institution in the OIC member States. He especially solicited their response to the idea of setting up an Association of Ombudsmen of OIC member States as a step forward in this direction. He invited suggestions as to the name of the proposed Association, its organizational structure and objectives, the location of the Secretariat, the sources of funding, modalities for the disbursement of funds, the framing of its constitution and bye
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Whereas given the exigencies of development and nation building it is necessary to strengthen the institution of the Ombudsman in OIC Member States by sharing knowledge, experience, and ideas;
Whereas the office of the Ombudsman is central to good governance through effective oversight of public as well as specific private sector functionaries;
Whereas it is imperative that the institution of the Ombudsman be embraced by, and established in, all OIC Member States especially considering their need for accelerated development in all walks of life;
Inspired by the efforts made by OIC Member countries since 1969 when Islamic States decided to come together on a common platform to actively cooperate with each other in dealing with their socio - economic and political problems by bringing to bear the synergy of their combined efforts in removing the obstacles on the road to their further development;
We affirm our unreserved commitment to 'good governance' as a pivotal factor in national development;
We reiterate our confidence in the Ombudsman institution in making good governance possible; and
We, the OIC Ombudsmen and the participants in this first Conference on Networking of Ombudsmen in the OIC Member States, convened on 28-29 April 2014, in Islamabad, the Capital city of the Islamic Republic of Pakistan, under the slogan, "Strengthening the institution of the Ombudsman in OIC Member States by sharing Knowledge, Experience and Ideas,” declare as follows:
1. A suitable institutional arrangement be devised so that the change is brought about in an orderly manner. In order to ach ieve th is Objec t ive , an OIC Ombudsmen Association (OICOA) be formed to augment their authority to
gathering. The Islamabad Declaration and a complementary Resolution, containing identical text, were accordingly adopted by the Conference. The text of the Islamabad Declaration is reproduced below :
Adopted unanimously by all presentand voting on 29th April, 2014 in the
Conference on Networking of Ombudsmen in OIC Member States, held in Islamabad, Pakistan
he first Conference on Networking of TOmbudsmen in OIC Member States (with its Theme: Strengthening the Institution of the Ombudsman in OIC Member Countries by sharing knowledge, experience, and ideas") held at Islamabad, Islamic Republic of Pakistan, on 26-27 Jumadi II 1435 AH ( 28-29 April 2014 AD).
Whereas it was decided in the 39th session of the OIC Council of Foreign Ministers held in Djibouti, Republic of Djibouti on 15-17 November, 2012:
"……….to establish Networking of Ombudsman Offices in the OIC Member States to promote sharing of expertise and best practices in complaint handling skills, speedy handling of public grievances, capacity building of Ombudsman institutions in Islamic world;……." [Resolution No.4/39-0RG]
Whereas the present day Ombudsman institution has its roots deep in Islamic history and has been an important pillar of the Islamic system of justice;
Islamabad Declaration
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Concluding Session
(Presided by Hon’ble Sardar Ayaz Sadiq, Speaker, National Assembly of Pakistan)
on'ble Mr. Muhammad Salman Faruqui, HFederal Ombudsman of Pakistan welcomed the Chief Guest of the concluding Session of the Conference, Sardar Ayaz Sadiq, Speaker of the
National Assembly of Pakistan, and said that the heartening response from the OIC member States who had travelled long distances to a t t e n d t h e conference was a great honor for the host country. He paid rich tribute to the Hon'ble Speaker of t h e N a t i o n a l
Assembly for getting Parliamentary support and approval for the landmark legislation embodied in the Federal Ombudsmen Institutional Reforms Act, 2013 that has greatly facilitated the empowerment of the Ombudsman Institution in Pakistan. He pointed out that it was the Hon'ble Speaker's father in law, Justice Sardar Muhammad Iqbal, who established the Institution of Ombudsman in Pakistan. He painstakingly researched and drafted the Ombudsman law in Pakistan and was appointed the first Wafaqi Mohtasib (Federal Ombudsman) of Pakistan. At that time this was the only Ombudsman office in the country. Today there are twelve Ombudsmen holding office in the Federation and the Provinces. He also paid tribute to Hon'ble Mr. Abdur Rauf Chaudhry, the Federal Tax Ombudsman and the President, Forum of Pakistan Ombudsman for making this event possible.
Address by Hon'ble Mr. Muhammad Salman Faruqui, Federal Ombudsman, Pakistan
strengthen the Ombudsmen and to undertake effective networking of their offices in OIC States and to establish an OIC Ombudsmen Association with its Secretariat, for the present, at Islamabad, Pakistan, till such time that a permanent venue is selected, with the following organizational details:
2. Develop capacity of Ombudsmen personnel in all OIC States by devising training programs tailored to their specific needs;
3. Exchange of information relevant to all aspects of Ombudsman's operations be systematized;
4. There shall be a General Assembly consisting of all member Ombudsmen of the Association;
5. There shall be a Steering Committee to draft Constitution, by-laws, rules and procedure to govern the business of the Association;
6. The steering Committee shall comprise of the following Members of the Association: Guinea; Indonesia; Iran; Jordan; Morocco; Niger; Sudan; Pakistan and Turkey;
7. President of the Forum of Pakistan Ombudsman will Chair the Steering Committee and take necessary measures for its functioning and of the Secretariat;
8. The Steering Committee will finalize its report within one year of this conference session;
9. Further agreed that follow up meeting of the Members will be held periodically to review progress made towards implementation of this Conference Declaration and the next Conference in this context will be decided in due course of time.
Islamabad, 29th April, 2014
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working of the Ombudsman Institution and would readily share its technical infrastructure, knowledge and the experiences it had gained since 1983 when the office of the Wafaqi Mohtasib was set up for strengthening the OIC Ombudsman Institutions.
Mr Salman Faruqui urged Mr Abdur Rauf Chaudhry,
Chairman of the Steering Committee, to attend the
next meeting of the OIC Foreign Ministers or the
OIC Summit and try to persuade the other member
countries of the OIC that did not yet have an
Ombudsman to take practical steps for the
establishment of this important oversight office for
the sake of good governance in the OIC countries.
He went on to say that he was privileged to be the
President of the Asia region of the International
Ombudsman Institute (IOI) and was also a
representative of the IOI and it gave him
considerable satisfaction to bring to the notice of
the Hon'ble delegates that only last week the
South African Ombudsman, the Hon'ble Ms
Thuli Madonsela, had been declared as one of
the most influential persons in the world
alongside the President of China, the President
of the United States and the Chancellor of
Germany. This is a huge credit to the institution.
She has also been applauded as a most fearless
protector of human rights in South Africa as well
as the most fearless Ombudsman in the world.
He said that he too acknowledged her great
contribution to Ombudsmanship and that she
had set a lofty example worth emulating. It went
to her credit that she had the courage to stand up
to authority and to fearlessly take up cudgels on
behalf of those whose rights were trampled by
powerful vested interests. Her actions were all
the more important that they took place in South
Africa where human rights have long been a
problematic issue.
The Hon'ble Wafaqi Mohtasib said that he had enquired from his friends as to why the OIC member States should have an Association and he had received a very interesting response in an email sent to him that he read out to the audience and the same is reproduced below:
“Alone I can say but together we can talk; alone I can enjoy but together we can celebrate; and alone I can smile but together we can laugh.”
Mr Salman Faruqui said that the quote aptly highlighted the dynamics and beauty of networking. He said, there are immense opportunities in cooperative effort and it was in this spirit that the OIC member States had agreed to form an Association comprising their respective Ombudsmen. Moving ahead, a Steering Committee for the Association had also been formed which is to be headed by Mr Abdur Rauf Chaudhry, Federal Tax Ombudsman and President Forum of Pakistan Ombudsman. The Wafaqi Mohtasib said that the OIC member States participating in the conference had honored Pakistan by agreeing to set up the Secretariat of the proposed Association at Islamabad as an interim measure. He further stated that Pakistan had long experience in the
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importance the Government of Pakistan attached to upholding human rights and maintaining human values.
Professor Elmira Suleymanova said that she especially wanted to point out to the assembled delegates that the Senate of Pakistan was among the first Parliamentary bodies of any country to acknowledge and condemn the 35 years long Armenian aggression against Azerbaijan. As for the conference she said unequivocally that it was a truly successful event and all the delegates unanimously supported the proposals put forward during the deliberations for promotion of networking amongst the OIC countries Ombudsmen Institutions.. All the participants' had agreed unreservedly to exchange knowledge, experience and ideas in order to strengthen the Ombudsman Institutions in the OIC countries. The house had adopted two very important documents, the Islamabad Declaration and Resolution and a working paper for setting up an Executive Committee to ensure that the conference objectives were brought to fruition. Thus a glorious new page had been added for the first time to the history of the Ombudsman in the modern era. She said that all this had taken place in Islamabad, Pakistan and everyone was proud of their participation in this landmark event
he Chief Guest of the concluding Session, THon'ble Sardar Ayaz Sadiq, Speaker of the National Assembly of Pakistan said that he felt privileged to be amongst this august gathering of Ombudsmen and professionals from brotherly countries. He said that it was very uplifting for him to witness firsthand the determination of OIC countries to symbiotically enhance the functional effectiveness of their respective Ombudsman Institutions through cooperation, collaborative effort
Address by the Chief Guest of the Concluding Session - Hon'ble Sardar Ayaz Sadiq, Speaker, National Assembly of Pakistan
Thanks giving address on behalf of the delegates by Prof. Elmira Suleymanova, C o m m i s s i o n e r f o r H u m a n R i g h t s (Ombudsman), Republic of Azerbaijan.
n behalf of the delegates participating in the OC o n f e r e n c e , P r o f e s s o r E l m i r a Suleymanova from Azerbaijan expressed her gratitude to Hon'ble Sardar Ayaz Sadiq, Speaker National Assembly of the Islamic Republic of Pakistan, Hon’ble Mr. Abdur Rauf Chaudhry Federal Tax Ombudsman, who is also President FPO and Hon'ble Mr. Salman Faruqui, Wafaqi Mohtasib of Pakistan. She stated that it was her great honor to greet the Assembly of
distinguished OIC delegates and dignitaries on this important occasion. She congratulated the assembled delegates on the creation of the OIC and the good work done by the organization in promoting peace and upholding human rights. She stated that His Excellency, the President of Pakistan at the conference opening ceremony and the Speaker of National Assembly of Pakistan in the concluding session personally honored the delegates with their encouraging stance and wholehearted approval of the work done by the Ombudsman Institution. The tone and tenor of their address showed the great
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citizens and seeks an explanation from the f u n c t i o n a r i e s r e s p o n s i b l e f o r t h e maladministration. Remedial action is then taken as the situation warranted. While the Ombudsman must ensure that the writ of government is established within the given legal framework thereby ensuring the maintenance of public interest and social justice in an orderly manner, without any discrimination, bias or expectation of personal gain. This was the objective of the Mohtasib in the Islamic era when this institution was first conceived and it also the objective of the modern day Ombudsman cast in the Swedish model of 1809.
The Hon'ble Speaker of the National Assembly further stated that today public functionaries are not entirely responsible for the problems citizens face. There are many entities today in the private sector that interact closely with citizens and have come to play a role, partly or wholly, previously performed exclusively by public sector functionaries. Over time, the Ombudsman has evolved to deal with these new types of functionaries spawned by the advent of new entities. To meet the emerging challenges the concept of single mandate Ombudsman is gaining ground. Like many countries in the developed countries Pakistan also has made a modest attempt in this context.
In Pakistan, besides the Federal Ombudsman, a number of single mandate Ombudsmen have also been appointed who invest igate maladministration issues pertaining to Federal Taxation, Banking and Insurance, and issues arising from the workplace harassment of women. In 2011 the Forum of Pakistan Ombudsman was set up with the objective of improving coordination among all the twelve Ombudsmen in Pakistan, standardizing their practices, raising their capacity and enhancing the quality of their service-delivery.
and networking, and by drawing on each other's resources, experiences and ideas. This, he said, was indeed a laudable objective given the paramount need for good governance that existed in all countries and more so in developing countries.
Sardar Ayaz remarked that one of the few short-cuts to accelerated economic development was by ensuring good governance. This however, is easier said than actually achieved in practice. Governments have always relied on bureaucracy to carry on the day to day work of government. Government interaction with its citizens thus takes place to a considerable degree through various categories of functionaries who occupy different bureaucratic positions. Good governance demands that this point of interaction should not become a point of friction or exploitation.
The office of the Ombudsman is perceived to be an assurance for good governance by way of preventing malpractices and maladministration committed by the public functionaries. Traditionally, the Ombudsman responds to complaints of bad governance filed by aggrieved
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objectives of this historic Conference to fruition. The Speaker said that it was his earnest hope and ardent desire that these far reaching decisions are fully implemented, in letter and spirit, within a reasonable timeframe. However, this would only be possible through concerted effort, rigorous and keen oversight and frequent interaction between the OIC members eager to establish the Ombudsman office on a sound basis.
Following the address of the Chief Guest, the Federal Ombudsman and the Federal Tax Ombudsman presented souvenirs to the Hon'ble Speaker of National Assembly of Pakistan.
With the permission of the Chair, the Conference deliberations came to an end.
As Islamic countries strive to join the ranks of front runner States so far as economic development is concerned good governance has assumed high priority. That is why the office of the Ombudsman assumes such importance everywhere. If the Ombudsman is able to check mal-administration sufficiently, good governance would be assured and that in turn is bound to give a big boost to economic development without which a high standard of life would remain an elusive dream.
The decision of the OIC countries to bond together and integrate their offices through a process of networking is bound to yield rich dividends in terms of vastly improved Ombudsman performance. This in turn will have a positive impact on economic performance. It is therefore imperative that the momentous decision taken in Djibouti in November 2012 is taken to its logical conclusion and every possible effort made to realize fully all the benefits that can arise as a result of cooperation between them.
In order to make rapid headway in being able to achieve good governance in 'the short run' rather than the 'long run,' innovation is one of essential prerequisites. We must devise new ways of doing things using knowledge as well as imagination. We have to be creative in our approach and be able 'to achieve more with less.' 'Out of box solutions' must be the order of the day. This can be achieved by the multiplication of intellectual resources as a result of sharing experiences, knowledge and ideas. This decision of OIC Ombudsmen to resort to networking through cooperation and enhance their overall effectiveness is a sign that innovation is not absent in their efforts to making good governance a reality in all OIC countries.
The combined efforts of the participating delegates have culminated in important decisions that should go a long way in bringing the
14
Federal Tax Ombudsman releases Annual Report, 2013
he Federal Tax Ombudsman Secretariat has Treleased Annual Report, 2013. The Annual
Report, besides explaining other related issues,
highlights details of receipt and disposal of
complaints. It records a 12.37% increase in the
number of complaints filed for redress of
grievances pertaining to mal-administration by
FBR functionaries that shows continuing taxpayer
dissatisfaction with work done by FBR field
formations.
The number of fresh complaints received by the
FTO rose from 1689 in 2012 to 1898 in 2013. Out
of a total of 2163 complaints (1898 fresh and 265
carried over from 2012), 1856 complaints were
decided during 2013. Disposal of a significantly
higher number of complaints by the FTO marks
another milestone in his achievements. Of the
1856 decided complaints, decisions in 1438 or
77.48% complaints in 2013 were in favor of
taxpayers compared with 88.54% in 2012 which
shows that the Advisors have perhaps been more
circumspect in investigating complaints due to
improved/upgraded skill sets.
Eighty six complaints were informally settled in
2013 in terms of the provisions of Section 33 of the
FTO Ordinance without docketing complaints for
formal investigation as compared to 67 cases
settled in 2012. In 1563 cases (84.21%) the FTO
Findings/Decisions were accepted by the
taxpayers and the FBR in 2013 as compared to
1378 cases (86.29%) accepted in 2012. Similarly,
293 (15.79%) of the FTO decisions were
challenged during 2013 through review or
representation fora as compared to 219 (13.71%)
decisions challenged in 2012. An amount of Rs
8.23 billion was refunded to the taxpayers by the
FBR on the basis of FTO recommendations
during 2013 as compared to Rs 9.787 billion in
2012. Moreover, 178,617 claims of refund and
duty drawback were got settled in 2013 as
compared to 231,654 claims settled in 2012. Out
of 178,617 claims, 178,309 claims involving an
amount of Rs 7.26 billion were got settled through
own motion intervention by the FTO as compared
to 231,250 claims involving an amount of Rs 8.83
billion got settled in 2012.
Prompt and inexpensive service delivery by the
Federal Tax Ombudsman is being widely
appreciated by the taxpayers community.
n 2013, the institution of the Wafaqi Mohtasib of IPakistan turned thirty. The year 2013 was a
difficult but eventful one for the Office of the
Wafaqi Mohtasib. As the Office remained without
a Wafaqi Mohtasib, for over two years, pendency
of complaints on the eve of 2013 stood at a
colossal 77,690, some five years or more older,
while 35,276 fresh complaints were received
during 2013, raising the total to 112,966 cases at
the end of December, 2013.
By the grace of the Almighty Allah, this huge
challenge was met with an equally resolute
determination. Through extraordinary steps taken
by this Office and its officials, 68,243 cases were
finalized and disposed of during the year 2013, a
record for the last 30 year since the establishment
of this office when an average of 16,583 cases
were disposed of annually. Out of 38,191 pending
cases 20,463 have also since been processed
and draft findings are under appraisal for
approval. Thus, cases approved or finalized for
approval during 2013 stand at 88,706, again a
record for this Office.
Wafaqi Mohtasib (Federal Ombudsman)
issues Annual Report, 2013
15
the people had high expectations from them. He expressed the hope that the Regional Office will play its due role in addressing public complaints and provide them timely, speedy and inexpensive justice at their door-steps.
he Federal Ombudsman resolves complaints Tand provide relief to the public by carrying out independent and free of cost investigation into complaints about mal-administration in government agencies. Therefore, in the light of decision of the Government of Pakistan to expand jurisdiction of the Federal Ombudsman to the Federally Administered Tribal Areas (FATA) with a view to alleviate the public grievances arising from administrative injustice, including misplaced discretion, arbitrariness, discrimination, oppressive legalities, and unreasonable procedures, as well as inattention, incompetence and inefficiency of the federal government agencies, Mr. M. Salman Faruqui, Federal Ombudsman has appointed H.E. Ambassador (Retd) Mr. Sher Afghan Khan as Grievance Commissioner and Mr. Zahur Ahmed Khan Khalil, Member Incharge, Regional Office, Peshawar as Associate Grievance Commissioner for FATA.
n order to provide speedy relief to Overseas IPakistanis, the Federal Ombudsman has appointed Special Secretary Foreign Affairs / H.E. Ambassador (Retd) Sher Afgan Khan as the “Grievance Commissioner” for Overseas Pakistanis hailing from Punjab, KPK, AJK and Gilgit Baltistan whereas H.E. Ambassador (Retd) Anees-ud-Din Ahmed has been appointed as “Grievance Commissioner” for Overseas Pakistanis belonging to Sindh and Baluchistan Provinces. They both will be responsible for redressal of complaints lodged by the Overseas Pakistanis against mal-administration in any Federal Government agency.
Appointment of Grievance Commissioner for FATA
Appointment of Grievance Commissioners for Overseas Pakistanis
Banking Mohtasib (Ombudsman) Pakistan publishes Annual Report, 2013
Ombudsman Sindh inaugurates Regional Office in District South, Karachi
h e H o n o r a b l e B a n k i n g M o h t a s i b (Ombudsman) Pakistan has published the 9th T
Annual Report for the year ending 31st December, 2013. According to Report, the Banking Mohtasib Pakistan received 4,238 complaints in 2013 as against 3,998 in 2012 showing an overall increase of 6%. Out of 4,238 complaints, 1091 were formal (submitted after adopting the procedure as laid down in the law) while 3147 were informal. In terms of complaint disposal, 45% complainants were granted relief; 41% were declined; 2% were rejected and 12% remained pending at the year end (138 formal and 33 informal complaints). The report contains 10 case-studies based on some of the leading decisions of the Banking Mohtasib in cases of frauds perpetrated by illegal recourse to parallel banking; lack of proper training of bank staff leading to poor service delivery frauds attributed to misuse of ATMs, credit cards, lockers besides service inefficiency, gross dereliction of duty and improper Zakat deductions.
The Report includes analysis of systemic deficiencies and control weaknesses as indicated in the banks, which the Banking Mohtasib came across during the course of investigations of complaints in the year under review for which recommendations have been made to the State Bank of Pakistan, the Central Bank of the Country.
onorable Ombudsman Sindh Province Mr. Asad Ashraf Malik inaugurated another H
Regional Office of the Provincial Ombudsman Sindh in District South, Karachi on the 15th May, 2014. 15 Regional Offices are already functioning in the Province and a few more are likely to be opened in the interior Sindh in the near future. On the occasion, the Honorable Ombudsman exhorted the members of the Institution to work devotedly for speedy redressal of grievances as
16
Hon'ble Mr. Abdur Rauf Chaudhry, President FPO presenting the welcome address at Conference commencement
Inaugural Session Chief Guest, Hon’ble Mr. Mamnoon Hussain, President
of the Islamic Republic of Pakistan, addressing the Conference delegates
Hon'ble Mr. Muhammad Salman Faruqui, Federal Ombudsman
addressing delegates at the concluding session of the Conference
Concluding Session Chief Guest, Hon’ble Sardar Ayaz Sadiq, Speaker,
National Assembly of Pakistan, addresses the Conference delegates
Professor Elmira Suleymanova, HRC (Ombudsman) Azerbaijan
delivers the thanks giving address in the concluding session
Mr. Chieffour Amadu, Mediature de la Repoblique, Republic of Niger, addressing the Conference delegates
17
President, Forum of Pakistan Ombudsman
(FPO) attending Conference
Secretary, Federal Tax Ombudsman Secretariat,
attending Conference
Mr. Abudel Aziz Benzakour, Ombudsman of Morocco
giving souvenir to President FPO
President FPO giving souvenir to Speaker National
Assembly of Pakistan
Pakistan Ombudsmen attending ConferenceA view of looking after guests
18
Secretary FTO Secretariat, Advisor Law FO
and Advisor I&M FTO attending Conference
Welcome of Hon'ble Speaker National Assembly of Pakistan
Mr. Chieffour Amadu, Mediature de la Repoblique of Republic
of Niger in discussion with President FPO Mr. Abdur Rauf Chaudhry
Mr. Valiollah Khobreh, Vice President of GIO of Iran,
in discussion with President FPO Mr. Abdur Rauf Chaudhry
Welcome address by the President FPO
Hon'ble Federal Ombudsman, Hon'ble President FPO
in discussion with conference delegates.
19
President FPO Mr. Abdur Rauf Chaudhry and Mr. Abdul Khaliq Secretary FTO in discussion
Group photo of the delegates attending the Conference
Hon'ble Mr. Abdur Rauf Chaudhry, President PFO and Justice (Retd) Yasmin Abbassey Ombudsman for protection against
harassment of women at work place attending Conference session
Mr. Ibrahim Bin Saleh S. Alsuwailim, delegate fromDiwan Al Madhalim Saudi Arabia at the Conference
Mr. Djely Karifa Samoura, Mediateure de la Republicque de Guinea in discussion with Mr. Abdur Rauf Chaudhry, President FPO
and Mr. Abdul Khaliq, Secretary FTO Pakistan
20
21
S. No. Office Ombudsman Focal Person1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Federal Tax Ombudsman Secretariat
President Forum of Pakistan Ombudsman
Chairman OIC Ombudsmen Association
Wafaqi Mohtasib (Federal Ombudsman)
Secretariat
Federal Insurance Ombudsman
Federal Ombudsman Secretariat for
Protection against Harassment of
Women at Workplace
Banking Mohtasib Pakistan
Provincial Ombudsmanm Punjab
Provincial Ombudsman Sindh
Provincial Ombudsman Balochistan
Provincial Ombudsman Khyber
Pakhtunkhwa
Ombudsman Azad Jammu & Kashmir
Ombudsperson (Mohtasib) Punjab
Provincial Ombudsman Sindh for
Protection against Harassment
of Women at Workplace
Hon'ble Mr. Abdur Rauf Chaudhry
+92-51-9211382
Hon'ble Mr. Salman Faruqui
Wafaqi Mohtasib (Federal Ombudsman)
Pakistan. [email protected]
+92-51-9217200-1
Hon'ble Mr. Azhar Ali FarooqiFederal Insurance Ombudsmanmobashirnaeem@[email protected]+92-21-99207761/2
Hon'ble Justice (R) Yasmin Abbasey Federal Ombudsman for Protection against Harassment of Women at [email protected]+92- 51-9207872Hon'ble Mr. Anisul Hassnain [email protected]@bankingmohtasib.gov.pk+92-21-99217334-8, 99213905+92-21-99213908
Hon'ble Mr. Javed Mahmood
+92-42-99211773
Hon'ble Mr. Asad Ashraf Malik
+92-21-99211026
Hon'ble Mr. Muhammad Wasay Tareen
+92-81-9202050
+92-81-9201827
Hon'ble Mr. Badshah Gul Wazir
+92- 091-9219525 (Direct)
+92-091-9219526-32
Hon'ble Mr. Muhammad Mukhtar Khan
+92-5822 920070
Hon'ble Prof. Dr. Mira Phailbus,
+92-042-99212503
Hon'ble Syed Pir Ali Shah
+92-21-99222744
Mr. Abdul Khaliq
Secretary FTO / FPO / OICOA
+92-51-9205563
Mr. Muhammad Naeem,
Director (Admn. & Coordination)
+92-51-9217215
Mr. Mobashir Naeem Siddiqui,
Director
+92-21-99207761
Mr. Aziz Iqbal,
Registrar
+92-051-9216077
Mr. Farhat Saeed,Senior Advisor
[email protected]+92-21-9921 7334-8 Ext. 16
+92-21-99213903, +92-333-2242324
Mr. Nadeem Hasan
Admin. Officer
+92-42-99211775
Syed Muhammad Shujaat Ali
Consultant
+92-21-99211050
Mr. Abdul Manan Achkzai
Director
+92-333-7090642
Mr. Atta-ur-Rehman
Advisor
+92-91-9219526-32
Mr. Mazhar Iqbal
+92-5822-920192
+92-0308-8925237
Mr. Umar Farooq Butt,
Admin Officer
042-99212595
Mr. Sada Hussain Larik
Assistant Registrar
+92-021-99222744
22
Forum of Pakistan Ombudsman
5-A, Constitution Avenue, Islamabad.
Tel: 051-9211382 Fax: 051-9202235
Web: www.fpo.org.pk
E-mail : [email protected]
