The Ombudsman (Pronounced OM'BOODZ-MAN) is an independent officer of Parliament appointed under Section 66 of the Antigua and Barbuda Constitution which states inter alia:-
"There shall be an officer of Parliament who shall be known as the Ombudsman who shall not hold any other office of emolument either in the public service or otherwise nor engage in any occupation for reward other than the duties of his office."
"The Ombudsman shall, in the exercise of his functions under this Constitution, not be subject to the direction or control of any other person or authority."
The Ombudsman is a protector of citizens against abuse of power. He is a protector of Human Rights. He operates in complete independence of Government and Parliament except in so far as funds and staff are concerned. It is important to note that the Ombudsman is non-partisan.
The main function is laid down in Section 5(1) of the Ombudsman Act, 1994 No. 5 of 1994:-
It is "to investigate any complaint relating to any decision or recommendation made or any act done or omitted by any officer of the Government or statutory body in any case in which a member of the public claims to be aggrieved, or appears to the Ombudsman to have sustained injustice as a result of the exercise of the administrative functions of the officer or body."
N.B. Statutory Body includes organizations such as A.P.U.A., D.C.A., CHAPA., Port Authority, St. John's Development Corporation, Central Marketing Corporation, Social Security and Medical Benefits Scheme.
The Ombudsman investigates, mediates, advises and reports his findings and recommendations after considering faults such as delays, bias, unfair discrimination, discourtesy, failure to give reasons for action, harassment and so on.
One can make a complaint by calling or visiting the Office of the Ombudsman situated at the corner of Dickenson Bay Street and Deanery Place,
St. John's, P.O Box 2049,
Email: ombudsman@antigua.gov.ag
Tel: 462-9364 or 562-1763
Fax: 462-9355
but would finally need to put the complaint in writing in order for it to be investigated officially.
a) Any aggrieved person or if he is dead or for any reason unable to act for himself, any person duly authorized to represent him.
b) Any member of Parliament on behalf of any aggrieved person.
c) Detainees or convicts.
In some cases the complaint is settled informally. If not, an impartial investigation is conducted thoroughly to decide if an injustice has taken place.
The Investigation is conducted in private. The Ombudsman affords the principal officer of the Government department or division or statutory body concerned an opportunity to make orally or in writing as the Ombudsman thinks fit, representations which are relevant to the matter in question. No report or recommendation is made which may adversely affect any person without his having an opportunity to make the representations.
After the investigation the Ombudsman may decide whether an official action or decision was fair. If the complaint was found to be justified, the Ombudsman may make recommendations for corrective action to the various levels of government e.g. the Head of Division, Minister, Prime Minister and finally to Parliament. The Ombudsman may also make his recommendations public.
If the complaint is found to be unjustified the Ombudsman may dismiss the case.
No. The Ombudsman, for example, by law cannot investigate complaints pertaining to powers conferred on the Governor-General by the Constitution or to any decision or recommendation made or taken by the Director of Public Prosecutions or any decision in respect of the Director of Audit. The Ombudsman may also decide not to investigate if:-
a) The subject-matter of the complaint is trivial.
b) The complaint is frivolous or vexatious or is not made in good faith.
c) The complainant has not a sufficient personal interest in the subject matter of the complaint.
On the other hand, the Ombudsman can sometimes help even if the complaint is not strictly within his jurisdiction by providing information as to who can help.
