PUBLIC ATTITUDES TOWARDS THE OMBUDSMAN TYPE INSTITUTIONS

Analysis of the results of a focus group discussion with citizens and experts from the city of Sofia, held by Vitosha Research Agency upon assignment by the Center for the Study of Democracy on July 25, 2002

Summary

І. Main objectives and methodology of the survey
ІІ. Profile of participants
ІІІ. Main problems in the communication between citizens and administration
ІV. Perceptions of the ombudsman type institutions
V. Assessment of the activities of the ombudsman type institutions
VІ. Expectations of the activities of the ombudsman type institutions



І. Main objectives and methodology of the survey

The current focus group is part of a research project aimed at strengthening human rights in Bulgaria, in particular through the establishment of an ombudsman institution. The main objective of the focus group was to collect information about participants' expectations, requirements and recommendations to the ombudsman type institutions.

The focus group was aimed at finding a solution of the following research problems:

• To determine the main problems that people face in their communication with administration;




• To find out the prevailing participants' assessments of the quality of administrative services in the country;




• To collect information about the raising problems in the communication between citizens and administration;




• To survey the respondents' knowledge about the ombudsman type institution: their ideas about the scope of the ombudsman's activities, his powers and the mechanisms of exerting influence and co-operating with other public authorities;




• To examine the readiness of society to perceive the ombudsman institution; to specify the opinions regarding the administration's willingness to collaborate with the ombudsman;




• To assess the current experience of the ombudsmen working in pilot municipalities; to outline the main problems and achievements of their work; to point out the respondents' assessments (positive or negative) regarding the work of the ombudsman and to give particular examples of positive and negative practices in this regard;




• To survey the prevailing expectations of the ombudsman institution: what the ombudsman institution should be, how the institution should be built up, so that it could serve as a real mediator and defender of people's rights.

ІІ. Profile of participants

• People who have had relations with the Ombudsman and who are familiar with his activities;



• Experts who are well grounded in the issues of establishment and functioning of the ombudsman type institutions.
  

ІІІ. Main problems in the communication between citizens and administration

One of the main tasks of the current research was to outline the people's attitudes towards the work of administration. The results of the discussion show a common discontent with the work of administration. According to the respondents the main factors that hinder the effective communication between citizens and administration are as follows:

• The administrative officers often have slighting attitude towards citizens. They treat them as obtruders and do not render them qualitative services.



• Another problem that hinders the effective communication with administration is the complicated mechanism of functioning of administrative bodies. The requirements in terms of permission and licensing regimes often breed conflicts and misunderstandings between citizens and administration.



• Corruption is another weak point in the work of the administration. The respondents believe that there is corruption at any level of the administrative bodies, especially in the tax authorities and the bodies issuing permits and licenses.



• According to the respondents some of the administrative officials assume their job as a possibility to benefit themselves.



• Another weak point is citizens' lack of information about the activities of the municipal services and the other administrative units. Citizens are not familiar with the powers and responsibilities of the administrative bodies. They lack knowledge about their rights and about the mechanisms of operation of the different administrative units.

All that breeds the necessity of establishing such an institution that would serve as a real mediator between citizens and the administrative services.

ІV. Perceptions of the ombudsman type institutions

An important aspect of the work of the focus group was to survey the participants' ideas about the scope of activities of the ombudsman, his powers and responsibilities, and the criteria that the applicant for the service should meet. Experts were asked to outline the mechanisms of introducing the ombudsman institution in Bulgaria, to point out the main factors that hinder the establishment of that institution in the country and to determine the willingness of the administrative authorities to perceive it.

The results of the discussion show that the existing ideas are unclear, incomplete, unstable, and most of them are based on the participants' personal experience. The analysis of the discussion outlines two levels of the respondents' views on the ombudsman institution.

The first one regards the existing ideas about the necessity of establishing the ombudsman institution. The ombudsman is expected to guarantee the observance of democratic rights of citizens and to facilitate their relations with the administrative bodies. A part of the respondents hope that the respective international standards will be implemented in the process of establishing the ombudsman institution.

The second level is related to the nature of the ombudsman institution - the scope of his activities, his powers and the main principles he should comply with. Only the experts were familiar with it and the other respondents were given additional explications. They were explained that the main task of the ombudsman was to monitor and control the activities of the administrative authorities and to investigate complaints. The respondents require that his powers and his finances be precisely regulated in the Law on the Ombudsman. The issue of the election of the ombudsman was lively discussed. Some of the respondents insisted on the ombudsman being elected directly by the voters. However, this requires amendments to the Law on Local Elections and together with the position of municipal councilors the one of the ombudsman be entered. Other part of the respondents believes that it would be much more expedient if the ombudsman is elected by the National Assembly and the local civic mediators - by the Municipal Councils. The participants consider that the Law on the Ombudsman should precisely provide the cases of termination of the mandate of the ombudsman before the expiry of his term of office. A part of the respondents is in the opinion that the ombudsman should not affiliate to any political party and others believe that the lack of party affiliation should not be a mandatory requirement. However, the analysis of the results shows that the participants do not make difference between party membership and party affiliation. Therefore, it is difficult for them to outline the specific criteria for the election of the ombudsman.

In the course of the discussion the participants in the focus group extended further their knowledge about the ombudsman institution.

V. Assessment of the activities of the ombudsman type institutions

The purpose of that part of the discussion was to survey the current experience of the local ombudsman. The results of the discussion show that all people are satisfied with the work of the ombudsman. They have approached him after their problem has not been solved by the respective municipal body. After the intervention of the ombudsman their problem has been solved or action on the matter was taken. The given examples proved that the activities of the ombudsman were useful and important for the development of the civil society.

VІ. Expectations of the activities of the ombudsman type institutions

Expectations, requirements, recommendations

The ombudsman is expected to observe people's rights and to facilitate the communication between citizens and administration. According to the respondents the ombudsman should mediate for the establishment of unambiguous rules and procedures governing the communication between citizens and municipal authorities.

The ombudsman is also expected to ease the citizens' relations with the different administrative institutions. He may "meet" the interests of both sides and help people solve their problems. The citizens often do not know how to defend their rights in case they have submitted a request to the municipality. Most of them even cannot fill applications. Since Bulgarians are not used to benefit from the services of lawyers, they often suffer from the bureaucracy.

The ombudsman is expected to help people by explaining them the existing rules and procedures in the municipal and tax authorities. People believe that the ombudsman should serve as a corrective of the municipal and other administrative bodies in cases of carelessness and lack of interest in peoples' problems.

The respondents suggest that the ombudsman initiate legislative amendments in case of proved shortcomings in a certain law.

According to the participants the ombudsman is to require from the administrative authorities reliable information that could be used as evidence in ruling disputes between citizens and municipal bodies. Respondents know that the ombudsman cannot have wide powers regarding the judiciary, but they expect him to guarantee fair proceedings. According to the participants the more powers the ombudsman has, the more his opponents will be. These hindering factors should be carefully considered in drafting the Law on the Ombudsman, so that the possibilities for hindering the activities of the ombudsman could be countered. The respondents lively discussed the issue of the ombudsman's party affiliation.

According to them there should not be any requirement for the ombudsman's professional background. They believe that it is much more important that the ombudsman have impeccable reputation. The participants consider that citizens should be thoroughly explained the functions and the organization of the new institution.

The respondents were satisfied with the held discussion. They suggested that after the concept paper and the Draft Law on the Ombudsman are developed they should be given again the possibility to express their opinions on that institution. They also proposed that a broad public debate be held to draw civil society's attention to those problems. At the same time the debate could attract the attention of representatives of the administration as well and thus could serve as a basis for the adoption of an effective Law on the Ombudsman as well as for its successful implementation.