Ambassador (R) Abdul Moiz Bokhari
The Office of the Wafaqi Mohtasib (Ombudsman) was established on 24th January, 1983 vide the President’s Order No.1 of 1983 with the explicit objective to diagnose, investigate, rectify and redress public grievances against maladministration by Government Agencies. Its mandate flows from Article 37 (d) of the Principles of Policy enshrined in chapter 2 of the Constitution of the Islamic Republic of Pakistan which entrusts the State with the responsibility to ensure inexpensive and expeditious justice to the public. The establishment of this Office, therefore, marks an important milestone in the fulfilment of the commitment made by the government to the people of Pakistan.
In its journey of nearly four decades, this institution has traversed a long way and established its credentials as an effective instrument for providing speedy and inexpensive justice to the people and to carry out systemic reforms. From January 1983 to date, the Wafaqi Mohtsib Office has followed a positive trajectory reflecting qualitative and quantitative growth in its operational activities, institutional reforms and putting in place a mechanism for internal review with a view to enhancing its efficiency and efficacy. The commitment and dedication of eleven illustrious ombudsman who had ably steered the institution over all these years, made it a premier institution of administrative accountability in the country.
The infrastructural development of the Wafaqi Mohtasib’s Office over the decades reflects a steady and stable growth. This institution over the years has grown into a national institution having its regional offices in fourteen cities in Pakistan and is in the process of opening offices at Swat and Khuzdar. Today, it has one of the most efficient and user friendly website that has all the features to allow accessibility and ease to the complainant for filing application from any part of Pakistan without physically visiting the office. Similarly, a mobile app has been introduced to make the process more portable and citizen friendly.
The legal and institutional framework of the Wafaqi Mohtasib’s Office provides for an elaborate complaint redressal mechanism. It is unique in a sense that while it redresses the petitioner’s grievance, it brings to fore the inadequacies of the governance system that constitute an injustice to the sufferer. The Findings/decisions of the Wafaqi Mohtasib, therefore, contain recommendations and practical solutions to the issues without impinging upon the operational and policy making domains of the federal agencies. The trust and confidence of the general public that the institution of Wafaqi Mohtasib has earned over the years for its integrity, transparency, professionalism is borne out in number as it received 110,398 complaints during the year out of which 106,732 complaints were disposed of reflecting an impressive rate of 96.62%.
The Wafaqi Mohtasib is empowered under the law to carry out research to identify the root causes of maladministration and enforce standards of good governance. The Hon’ble Supreme Court of Pakistan in a suo-motu case made a reference to the Ombudsman for addressing systemic failures. Accordingly, the Wafaqi Mohtasib Secretariat conducted numerous studies and proposed standards of good administration to various government agencies. The Hon’ble Supreme Court also made a number of other references to the Wafaqi Mohtasib on the issues of public concern and after carrying out necessary investigation, reports were submitted to the Apex court. Similarly, the Wafaqi Mohtasib took a number of initiatives to facilitate the overseas Pakistanis, pensioners and prisoners, especially the women and children in jails. The Wafaqi Mohtasib Secretariat proposes to commission new studies to examine common systemic flaws and suggest possible policy responses in case of certain federal agencies which continue to attract large number of complaints.
The objective of dispensing speedy and inexpensive administrative justice could be best realized if an effective mechanism for executing the orders of the competent forum was in place. Accordingly, the Wafaqi Mohtasib Office established an Implementation Wing, at the Head Office in 2007 with the precise mandate of pursuing agencies to provide either a compliance report or evidence that the Agency had asked for reconsideration of the case or had gone to the Hon’ble President in a representation against the findings of the Wafaqi Mohtasib. Subsequently, Implementation Wings were established in all the Regional Offices to ensure that the findings/recommendations stood implemented in accordance with the provisions of the President’s Order No.1 of 1983.
The Wafaqi Mohtsib Secretariat (WMS) has a very rewarding experience of working with the UNICEF which contributed in establishing a child-ombuds system in collaboration with the Provincial Mohtasib to help resolve individual complaints as well as addressing the systemic issues relating to children. A task force of professionals and other stakeholders is working on the project for Prevention and Control of Cyber Crime against Children. A draft bill has been moved in 2021 with the support of parliamentarians which is now awaiting approval from the Senate of Pakistan. Likewise, the World Bank sponsored reports on upgrading/evaluating Performance of the Wafaqi Mohtasib, Speedy Complaints Resolution and the Citizen Report Card of the Institution of Wafaqi Mohtasib. The objectives and purposes of the establishment of this institution has a direct bearing on the realization of the overall goals of the promotion and protection of human rights and the principles of good governance for the common good of the masses. Accordingly, efforts will continue to address the above issues including the plight of street children in the ICT area which would be replicated in other major cities in collaboration with the provincial governments.
Article 33 of the President’s Order No.1 of 1983 vests in Wafaqi Mohtasib authority to informally conciliate, amicably resolve, stipulate, settle or ameliorate any grievance without any written memorandum and without the necessity of docketing any complaint or issuing any official notice. The law also provides for appointment of liaison counsellors for the purpose. This concept of Informal Resolution of Disputes (IRD) is being developed to initiate a pilot project at Divisional level particularly in those Divisions where no Regional Office of the WMS currently exists. The operationalization of the IRD project shall be an important milestone in maximizing the outreach of the Wafaqi Mohtsib’s Office especially in the remote areas of the country.
It is believed that the road to improvement is always under construction. The journey of Wafaqi Mohtasib Office during the last 38 years has been eventful and it has tried to live up to its mandate. This Office enjoys full support at the highest level to bring about much needed change in the lives of our people by improving the service delivery of the federal agencies. Building upon the accomplishments of the past, the goals that the Office of the Wafqi Mohtasib seeks to pursue in the coming years have a lot to offer to the people facing administrative excesses of the governmental agencies. The continued goodwill and across the board support from all segments of society holds a great promise for the future of this institution.
To be concluded The writer is former diplomat with vast experience of working with a large number of international organizations and expert on international affairs.