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SIERRA LEONE
Amend the Ombudsman Law to Increase Access to Justice

Overview

Level of Government: National

Lead Institution: Office of the Ombudsman of the Republic of Sierra Leone

Challenge Area: Justice

 


Description

Reform Description

The right to access justice is a fundamental human right to enjoy all other rights. It is essential to consider both formal and informal dispute resolution mechanisms, as traditional court systems and tribunals have limitations in providing practical solutions. Our commitment is to investigate and understand global practices and trends using the Ombudsman structure to address the gaps created by formal, expensive, and time-consuming dispute resolution processes. Additionally, we aim to explore how the Judicial and Legal Service Commission and the Judiciary can respond more effectively to the needs of workers in the Judiciary and the public.

Problem(s) Addressed by Reform

The proposed reforms involve amending the existing Ombudsman Act of 1997 and enacting its Regulations rather than introducing a new Act. (add staff and capacity building e.g expansion of regional offices, logistical issues)The goal is to address the identified defects and improve its current situation, making it more responsive to the needs of the Sierra Leonean public. One key aspect is establishing a more detailed delimitation between the jurisdiction of the administrative court and the powers of the Ombudsman’s office. This aims to reduce the high cost and time-consuming nature of administrative litigation. The proposal suggests that administrative reviews should be vested with corresponding authorities or functions within the government or autonomous organizations to supervise their administrative justice, thus streamlining the process and distributing responsibility more effectively. We will conduct extensive public consultations through focused group discussions within communities and roundtable dialogues with stakeholders from the country’s government, civil society, and lawmakers to ensure an inclusive and transparent process that encourages public engagement. (These initiatives will solve the problem partially, enhance our effectiveness, brings out the competency of the staff to handle more complaints).

The project was designed to actively engage the community in identifying needs and reform priorities, designing project outputs, and building capacity. (A revised Act of the Ombudsman and its regulations, establishment of five additional offices, recruitment of additional staff within a specific timeframe), one stop shop to deal with public administration issues in a timely and less costly manner, This approach aimed to establish local ownership and ensure the sustainability of project outputs and outcomes. To further enhance sustainability, there are pre-project activities, providing follow-up on and brainstorming the reforms (including legislative measures) earlier in the project cycle and focusing more on the participation of civil society organizations (CSOs) in the project, including advocacy and monitoring. The project is highly relevant to the office of the ombudsman, the people of Sierra Leone, and the government’s constitutional obligations to ensure practical, independent, and efficient administrative justice for court users and others, as well as to raise public awareness of and confidence in, the administration of justice. Administrative justice is essential for ensuring remedies for social, economic, and cultural rights. Additionally, the project aligns with Sierra Leone’s Rule of Law Criteria and reform priorities outlined in relevant national strategies and the national midterm Development Plan in Sierra Leone.

Relevance to OGP Values

1. How will the commitment promote transparency?
How will it help improve citizens’ access to information and data? How will it make the government more transparent to citizens? Public consultation meetings and outreach activities will be organized to assess the project’s significance and encourage citizen participation. This is how the project will create a transparency process during implementation. A web-based complaints forum, toll-free line, accessible office space especially for PWDs and other vulnerable groups, proactive public disclosure of complaints handled, etc.

2. How will the commitment help foster accountability?
How will it help public agencies become more accountable to the public? How will it facilitate citizens’ ability to learn how the implementation is progressing? How will it support transparent monitoring and evaluation systems? This commitment will enable the Office of the Ombudsman to be more accountable to the public and ensure that public officials are also held accountable for their actions. The office will utilize public education programs to inform citizens about its reforms and activities. This will help citizens understand the process and know how to file a complaint. Production of annual reports for the public(one/website) and popularizing the reports (outreach), which will give the instituition the opportunity to interface with citizens and garner feedback on our progress made so far.

3. How will the commitment improve citizen participation in defining, implementing, and monitoring solutions? How will it proactively engage citizens and citizen groups? Due to the project’s transparency from start to finish, citizens will develop trust and confidence in the commitment and its results, fostering a sense of ownership among citizens

Intended Results

The project was designed to actively engage the community in identifying needs and reform priorities, designing project outputs, and building capacity. (A revised Act of the Ombudsman and its regulations, establishment of five additional offices, recruitment of additional staff within a specific timeframe), one stop shop to deal with public administration issues in a timely and less costly manner, This approach aimed to establish local ownership and ensure the sustainability of project outputs and outcomes. To further enhance sustainability, there are pre-project activities, providing follow-up on and brainstorming the reforms (including legislative measures) earlier in the project cycle and focusing more on the participation of civil society organizations (CSOs) in the project, including advocacy and monitoring. The project is highly relevant to the office of the ombudsman, the people of Sierra Leone, and the government’s constitutional obligations to ensure practical, independent, and efficient administrative justice for court users and others, as well as to raise public awareness of and confidence in, the administration of justice. Administrative justice is essential for ensuring remedies for social, economic, and cultural rights. Additionally, the project aligns with Sierra Leone’s Rule of Law Criteria and reform priorities outlined in relevant national strategies and the national midterm Development Plan in Sierra Leone

Milestones

Focus Group discussions on the review of the Act and enactment of its regulations.
– 10 focus group discussions at regional/district levels across the country

Public Consultations with stakeholders on the review of the Act and enactment of its regulations.
– 5 regional Consultations with MDAs representatives, Consultations with CSO , the Fourth Estate , private sector and academia

Public advocacy and education on the mandate and functions Office of the Ombudsman
– Public lectures in universities, IEC materials developed and printed, radio and TV programs hosted, social media engagements, edutainment sessions, etc

Parliamentary Procedures (Pre-legislative procedure to come before this).
– Parliamentary Debates, An Amended Act

Capacity Building for Staff of the Office of the Ombudsman
– Peer Learning, 4 Trainings conducted

Open Government Partnership