PUBLIC ATTITUDES TOWARDS THE OMBUDSMAN TYPE INSTITUTIONS
(Attitudes of women and disadvantaged persons)

Analysis of the results of a focus group discussion with women, disadvantaged persons and representatives of not-for-profit organizations from the city of Veliko Turnovo, held by Vitosha Research Agency upon assignment by the Center for the Study of Democracy on March 6, 2003

Sumary

І. Main objectives and methodology of the survey
ІІ. Fundamental rights of women and disadvantaged persons
ІІІ. Perceptions of the ombudsman type instituions
ІV. Assessment of the activities of the ombudsman type institutions
V. Expectations of the activities of the ombudsman type institutions



І. Main objectives and methodology of the survey

The current focus group is a part of a research project aimed at strengthening human rights in Bulgaria by establishing ombudsman type institutions. The focus group discussion was held in the city of Veliko Turnovo with the purpose to find out the main problems faced by women and disadvantaged persons in one Bulgarian municipality and to outline the role of the ombudsman type institutions in this area. The main objective of the focus group was to collect information about the problems of both target groups, including their expectations, requirements and recommendations to the ombudsman type institutions.

ІІ. Fundamental rights of women and disadvantaged persons

Observation of women's and disadvantaged persons' rights is an important aspect of the research on the possibilities of establishing ombudsman type institutions. That is why one of the main tasks of the current research was to outline the main problems that women and disadvantaged persons face when dealing with the administration. The analysis of the information received shows general discontent with the work of the municipal administration. According to the respondents the administrative services are of poor quality, unsatisfactory and inefficient. The main weaknesses pointed out include the lack of thorough and correct information about the functions of the different services, the poor organization of individual municipal units, the presence of bureaucracy and the constant deficits of the municipal budgets. The preferential treatment of some people and the slighting attitude to other is another weak point of the work of the municipal administration.

• Women and municipal administration

According to the respondents it is much more difficult for a woman to cope with a given problem because of the unfriendly attitude of the municipal officers. Some of the elder women consider that there is also discrimination regarding middle-aged women. They believe that women who have turned the age of 35 are neglected even by the social programs of the Ministry of Labor and Social Policy, because of the impracticable requirements envisaged for them. This attitude is regarded as discrimination in view of the labor market and the assurance of incomes. The participants pay attention to another aspect of discrimination of women as well: the discrimination of women of Bulgarian origin. The respondents point out that women of minority groups enjoy a lot of privileges and often their problems are given special priority.

• Disadvantaged persons and municipal administration

People belonging to that group are quite modest when talking about their relations with the municipal officials. According to them there has been a significant improvement in recent years, because of the policy of harmonizing Bulgarian legislation with European legal regulations. Nevertheless, the municipality does not satisfy some of the most important requirements of disadvantaged persons because of the shortcomings in existing regulations.

The representatives of the not-for-profit organizations are much more critical by saying that the municipal administration's attitude towards disadvantaged persons is unfriendly and offensive.

The shared opinions and assessments show that there are serious problems in the communication between the municipal administration and the citizens, especially regarding women and disadvantaged persons.

ІІІ. Perceptions of the ombudsman type institutions

Another important task of the current research was to specify the respondents' perceptions of the ombudsman type institutions. Most of the respondents see the ombudsman as a mediator between citizens and local administration. The ombudsman is considered to be a corrective of the administrative services. The participants outline the necessity of establishing such an institution in all Bulgarian municipalities. According to them the ombudsman should provide people with information about the administrative mechanisms and the ways for solving their problems. The respondents believe that the ombudsman must be an independent institution, which could serve as an instrument for civil control over the administration. The participants are aware of the fact that the effectiveness of the ombudsman depends on the way the institution is set up. According to them the funding of the ombudsman and the scope of his powers are important factors for the effectiveness of the institution.

In conclusion we can say that the respondents are well informed on the social role of the ombudsman. They are familiar with the subject and the scope of his activities, but they lack knowledge about the powers of that institution and the way it operates. Citizens believe it is important such an institution be established for the observation of their rights.

ІV. Assessment of the activities of the ombudsman type institutions

In the course of the discussion the respondents were urged to share their personal opinions of the work of the ombudsman. They were all satisfied with the work of the ombudsman and made no critical remarks. They have approached the ombudsman after their problems have not been solved by the respective municipal bodies. After the intervention of the ombudsman their problem has been solved or action on the matter has been undertaken, which is regarded by the respondents as a considerable achievement of the new institution. People pointed out that the ombudsman tried to inform citizens on his activities mainly with the help of the media. He often organized meetings in the educational institutions and in the local associations, representing different groups of people. The respondents outlined the poor interest of the municipal administration in the ombudsman institution. According to them municipal administration is not familiar with the ombudsman institution and makes light of it. The respondents are so excited about the introduction of the new institution that they do not see any weak points of the ombudsman's work. It is possible that people do not criticize the work of the ombudsman because they are not well grounded in his powers. However, what is important is the fact that the ombudsman's activities and the results he has reached come up to the most of the respondents' expectations.

The analysis of the information received proved that the current work of the ombudsman is considered as good and effective. Actually, the ombudsman's intervention has led to solution of the citizens' problems. These first positive results are appreciated highly by the people, who regard the new institution as one that would guarantee the observation of their fundamental rights before local administration and would facilitate the contacts with the municipal authorities.

V. Expectations of the activities of the ombudsman type institutions

The discussion also aimed to outline all the characteristics the ombudsman should possess. That is why the respondents were asked to specify their main expectations of the activities of the ombudsman type institutions. The ombudsman is expected to be provided with a lot of information on the activities of municipal administration as well as to give advice and particular answers to the citizens. He is also expected to have impeccable reputation. At the same time the respondents expect that the Law on the Ombudsman will provide the possibility for the citizens to control the work of the ombudsman. They believe that it is a preventive measure, guaranteeing that the society would exert control over that institution.

It is obvious that people have a lot of requirements regarding their ombudsman. According to the respondents there are two milestones to define the effectiveness of the ombudsman institution: how the ombudsman is elected and who finances him.

• How the ombudsman is elected
  

Some of the respondents insist on the ombudsman not being elected by the Municipal Council because it would be a precondition for a complete failure of the institution. According to some of the participants the ombudsman would not undertake the necessary actions against the municipal bodies if he is dependent on them. Another part of the respondents share a different opinion. They consider that the municipal administration and Municipal Council are two different institutions and therefore the Municipal Council may elect the ombudsman. It does not mean that he will lack independence, as he will report to the Municipal Council and will be able to express his opinion on the work of the municipal administration.

• The budget of the ombudsman

According to the respondents if the municipality finances the activities of the ombudsman, he will be under its control. They do not make particular recommendations, but expect that the issue of the ombudsman's budget will be given a thorough consideration.

The issue of the independence of the ombudsman is considered to be very important by the respondents, which indicates their wish the new institution to be a real mediator between the municipality and the people.

• Recommendations

The respondents gave some particular ideas and recommendations as to what should be done for the effective functioning of the ombudsman. According to them, the powers given to the ombudsman should allow him to exert influence on the administrative services on municipal level. People believe that the ombudsman should have a definite term of office and should be removable in order to prevent a possible encroachment. They also think that in the performance of his duties the ombudsman should be assisted by capable experts.

In conclusion we can say that the respondents have quite sober and realistic views on the way the ombudsman institution should be built up. The recommendations made could be used in the process of drafting the legal provisions governing the activities of the local public mediators.