Reviewing the Office of the Political Ombudsman

By Devon Dick

Recently, former political ombudsman, Bishop Herro Blair, in his 2012 report to Parliament, stated, not for the first time, that the political election oversight body should be given legal powers to monitor breaches of the Political Code of Conduct because moral suasion alone has not worked and cannot work.

In addition, the Office of the Political Ombudsman has expressed concern about the way in which funding for the office is administered. He explained that since the office was established in 2002, its finances have been handled by the accounting department of the Houses of Parliament, to which it submits a budget each year. According to Blair, the office is not informed on whether the proposed budget is accepted and no financial statements are received by the office at the end of the financial year. This issue should be resolved as a commitment to good governance, transparency and integrity of the office.

However, making the Office of the Political Ombudsman operate as a quasi court with the ombudsman as judge has dangers. It would not be a good idea to have the Office of the Political Ombudsman having powers similar to those of the office of the Contractor General. It means that the ombudsman would have to do extensive investigations into breaches and conduct the inquiry as if it were a court case. Therefore, pronouncements on political breaches would take months to be determined, long after the elections. In any case, there is the legal option of election petition to deal with breaches that alter the election results.

What is required is for the political ombudsman to make quick and impartial judgments concerning political breaches. The political ombudsman should be like a football referee who can issue yellow cards and even red cards. There could be fines for breaches, similar to what happens in some sporting federations. There could even be suspensions from campaigning. There should be sanctions that can be delivered to persons, as well as the right of appeal. However, making it into a court could be cumbersome. There will be a role for moral suasion. The political ombudsman should be respected by political parties in order to make moral suasion effective.

Tribal violence

According to The Gleaner (February 16, 2014) on the 2012 report, at least four persons were killed. Troy Malcolm, of Spanish Town, St Catherine, was shot and killed at the intersection of Manchester and Old Market streets by three men on foot. The deceased was seen removing Jamaica Labour Party (JLP) flags. On the same day, there was another incident which the police described as a reprisal for Malcolm's killing. Dewar Thomas, of 15 Manchester Street, Spanish Town, was chased and fatally shot. Also Sheldon Simpson, who was driving a car plastered with JLP posters, was shot in the head in Spanish Town. Omar Hernandez was erecting JLP flags in Buff Bay and was stabbed to death after an altercation.

These acts of murder are police matters and should not unduly preoccupy the Office of the Political Ombudsman. The police, after investigations, should report to the ombudsman the number of deaths related to political violence. The political ombudsman should concentrate on breaches of the political code of conduct. There needs to be a mobilisation of civil society to be involved to monitor political campaigning in the 63 constituencies and reporting to the Office of the Political ombudsman.

Let the political ombudsman concentrate on flagrant breaches of the Political Code of Conduct to which the two major political parties are signatories. This will include having oversight responsibility for the content of advertisements on electronic and in print media.

The Office of the Political Ombudsman is an important body that should be respected and allowed to function independent of political influence. It should allow the legal and justice systems, including the police, to perform their roles, while it sticks to managing breaches of the Political Code of Conduct, if and when they do occur.

The Rev Devon Dick is pastor of the Boulevard Baptist Church in St Andrew. He is author of 'The Cross and the Machete', and 'Rebellion to Riot'. Send feedback to columns@ gleanerjm.com.