Donna Parchment Brown | Whither the Political Ombudsman Commission?

February marked the one year anniversary of the unilateral enactment of the Political Ombudsman (interim) (Amendment) Act 2024 by the Government of Jamaica. There was no or inadequate consultation for such an important decision. The memorandum of objects and reasons for the legislation over the name of the Minister of Justice states as follows:

The office of Political Ombudsman has been vacant since November 15, 2022. The vacancy has resulted in the functions of the office not being carried out. Those functions include the investigation of complaints of misconduct or bias by political parties, their members or their supporters. A decision has been therefore taken to:

(a) Amend the Political Ombudsman (Interim) Act to provide for the Electoral Commission of Jamaica established under the Electoral Commission (Interim) Act to be the Political Ombudsman, and

(b) Make the necessary consequential amendments to the Electoral Commission (Interim) act. The bill seeks to give effect to that decision.’’

Why was any political ombudsman not appointed then?

The PO (1) Act provides that the political ombudsman shall be appointed by the governor general after consultation with the Prime Minister and Leader of the Opposition. The initial term is seven years and may be reappointed for further term of five years.

Section 6 disqualifies the following persons from appointment.

(1) Person who is a member of the Senate or the House of Representatives or

(2) Is an undischarged bankrupt or

(3) Has at any time been convicted of any offence involving dishonesty or moral turpitude?

This amendment permits representatives of the Parliament to be members of the Political Ombudsman Commission as they are already members of the ECJ. The amendment repeals this section and removes these disqualifications. Removing the assurance of confidentiality and neutrality.

The agreement and declaration on political conduct, referred to as the code, was a result of consultations between citizens, civil society and political actors. The code was signed by leaders of the Jamaica Labour Party and the People’s National Party and binds all political parties. It’s critical and lofty goals require monitoring and accountability, hence, the establishment of the Political Ombudsman Commission. The Ombudsman’s role is different from the Electoral Commission whose focus is on the infrastructure, conduct and integrity of elections while the Political Ombudsman’s focus is on the climate and conduct of political actors all year round.

CONTRACTOR AND INTERIOR DECORATOR

So if we look at a building, the ECJ would be a contractor and the Political Ombudsman would be an interior decorator or if we look at any other situation, e.g. a hospital the doctor and the nurse, although the work is related, it is not identical. It may require different mindsets and different resources to be effectively carried out.

Persons have asked me in different fora, and I’ve also considered some of the following issues:

1. Who is the political ombudsman now? There is a panel of persons, including four representing the two major political parties.

2. How are complaints to be submitted? I have no information on this

3. How are complaints handled? I have no information on this.

4. How are confidentiality and neutrality assured? Beyond the integrity of the members, I have no information on this.

5. How are complaints investigated?

6. Has the team of trained police officers in every division been re-engaged, particularly to assist in relation to elections and generally all year?

7. Will the POC/ECJ visit any constituency to get a first-hand look at any reports or issues and meet with citizens if needed?

8. Were the Custodes and other civic leaders engaged by the POC/ECJ for signing of the Code of Conduct by the party leaders and by candidates before the 2024 local government election, and is that planned for future elections?

9. Has the new POC/ECJ met with previous Political Ombudsmen to be briefed?

10. Has the POC/ECJ retained the staff? If no have they ensured that the staff have:

- been made redundant and paid off, and

- been paid any outstanding gratuities or emoluments,

- been provided with continuing access to health insurance.

If staff were retained in POC/ECJ have they been employed on new or upgraded contracts or as permanent employees?

11. Does the POC/ECJ have a public education or civic education programme for the POC functions and are they utilising the POC free Civic Education Handbook?

12. Does POC/ECJ have a youth engagement programme like Political Awareness and Respect Initiative started under the last ombudsman?

13. Have the concerns of previous political ombudsmen, such as apathy and need for party leaders to be more responsive to recommendations, been addressed in their new mandate?

14. Has the POC/ ECJ initiated any investigations under Sec. 12(1) (b).?

This provides for POs intervention where an action is likely to prejudice good relations between supporters of different political parties.

DEFINED BY LAW

The functions of the ECJ are also defined by law. These functions are heavy and critical for safe independent elections. They include establishing policies for regulation of elections, conducting general, local, by-elections, and referenda, maintaining a register of voters, monitoring election expenditure and complaints with electoral lens, review, constituencies and their boundaries. These are so important.

The ECJ is comprised of esteemed and distinguished national and political representatives whose conduct has escaped political colour and their recommendations by protocol have been traditionally accepted by both sides in the Parliament without amendment.

The additional political matters through the inclusion of the Political Ombudsman’s Commission, which operates in and out of election time, may unnecessarily expose the ECJ to public scrutiny and problems on matters outside their main function for which they have gained great respect and admiration.

Public trust and confidence in the apparatus of the State. It’s efficiency and functionality and respect for elected officials who serve us is very important to our democracy. Any perceived flaws or weaknesses in our institutions as they are structured, should be avoided. It is important that we do what is necessary to protect and strengthen them.

We need independent, bold, proactive, neutral, and confidential actions by the POC. It is clear that they will be needed even more as we approach the upcoming hot election season.

This Amendment to the Political Ombudsman. (Interim) Act did not take the opportunity to correct some of the weaknesses that exist in the Principal Act. An individual who can be proactive, excluding those categories of persons, disqualified from serving in the office is needed now.

It is timely that we review, after one year of the new POC/ECJ. There will be great admiration, I believe for the Parliamentarians if they say this has not worked as anticipated; repeal the amendment and ensure that a Political Ombudsman is appointed at the earliest possible date with the necessary support.

Donna Parchment Brown is the former political ombudsman. Send feedback to columns@gleanerjm.com