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by Helge Seip
- History of the ombudsman position
- The 6 ombudsmen and their roles:
- The ombudsman for defence
- The ombudsman for conscientious objectors
- The Storting's ombudsman for public administration
- The ombudsman for consumer affairs
- The equal status ombudsman
- The children's ombudsman
- The extended arm of the law
The term ombudsman has its roots in the constitutional practice and
systems of government of the Nordic lands. In Sweden an ombudsman
for justice was established by constitution as early as 1809. But it was
only after WWII that the institution of the ombudsman began to be
adopted in other countries. It is characteristic that the Nordic word
ombudsmann has been retained in English and in other languages, as
the system of such institutions has spread to other countries. At
present there are ombudsmen in more than 40 countries all over the
world.
In Norway the call for an ombudsman for public administration was
put forward in political circles shortly after WWII, partly against the
background of the rapid developments in public administration and in
the public sector as a whole. But it was in the Norwegian defence that
the first Norwegian ombudsman was established through a
parliamentary resolution of 21 April 1952. An important principle
regarding where the ombudsman was to function was clarified during
the preceding debate in the national assembly. The government and
the ministry had proposed that the ombudsman be directly subordinate
to the ministry. But they were obliged to bow to the will of the people's
representatives who wished to give the ombudsman a freer position.
Thus,it is the Storting, the national assembly, that selects the
ombudsman for the defence and the committee of which he is chairman.
A good four years later, in November 1956, an ombudsman was
appointed for conscientious objectors. However, as early as 1953 the
chairman of the Storting Standing Committee on Justice, Lars Ramndal,
tabled a private bill proposing the establishment of a Storting
ombudsman for public administration. This led to a closer study of the
issue, and a proposal to establish such an ombudsman was sanctioned
in June 1962. It is implicit in the title of the bill that the Storting
ombudsman for public administration is to be regarded as a
representative for the country's highest parliamentary organ, the
Storting, with the freedom and independence this implies vis-a-vis the
administration which he is to oversee.
In the course of the 1970s and immediately afterwards, a further three
ombudsmen were established. These were the consumer ombudsman,
the ombudsman for equal status and the ombudsman for children. A
number of new organs such as the Data Inspectorate and the Banking,
Insurance and Securities Commission also have functions which
involve elements of ombudsman character, but with the emphasis on
executive practice in enforcing laws, which in reality gives them more
of an administrative role. At regional levels a number of counties have
established their own ombudsman for patients, with responsibility for
the rights and complaints of hospitalized patients or persons receiving
medical treatment. This illustrates that the concept of the ombudsman
has won considerable recognition in the Norwegian state management
and administration.
Out of the total of six state ombudsmen the three first were established
as institutions subordinate to the Storting and the parliamentary
organs. The last three are formally a part of state administration but
they have the freedom and authority to present their viewpoints on
issues which are brought before the respective ombudsmen or those
which the ombudsmen themselves wish to bring forward.
The ombudsman for consumer affairs was appointed under the terms
of the Marketing Control Act of June 1972. A marketing council of nine
members is also selected. The ombudsman is appointed by the king in
council, and must work in accordance with special instructions.
The equal status ombudsman was established through legislation
passed in June 1978. He is appointed by the king in council. The king
also appoints an Equal Status Council with the number of members
decided by the Storting, and a review board consisting of seven
members, where the main employee and employer organisations are
represented.
The children's ombudsman, established through legislation adopted in
March 1981, is also appointed by the king and works in accordance
with instructions laid down in an Order in Council of September 1981.
The leaders of the three most recent of the Norwegian state
ombudsman institutions are appointed by the king in council.
Technically, therefore, they function more as parts of the state
administration. But their working instructions and the apparatus they
control gives them freedom to issue statements and to take initiatives
which put them,in practice,on a par with the ombudsmen who are
directly subordinate to the Storting.
A distinguishing characteristic of the ombudsmen is that they have
only limited opportunities for making direct decisions on an issue. Their
function is to make recommendations, assessments and criticisms,
which the relevant public bodies will presumably take note of and
voluntarily comply with. Admittedly, this can vary considerably in
practice in the various sectors, as some of the ombudsman practises
illustrate. Similarly, the role of the ombudsman for children involves a
more direct and active approach to the job than that of the ombudsman
for public administration.
THE ROLE OF THE OMBUDSMEN
1.THE OMBUDSMAN FOR DEFENCE
This was the first of the ombudsmen, established when the level of
defence activities and recruitment to the armed forces reached an
extent that necessitated measures to secure both the well-being of the
individual soldier and a system for dealing with conflicts. The position
of ombudsman was established through a Storting resolution of 21
April 1952. The ombudsman for defence is directly subordinate to the
Storting, which also selects both the ombudsman and the council he
heads. The council has seven members (originally five). In 1956 an
ombudsman for conscientious objectors was appointed, who headed
a council of seven members. As it was consequently decided that the
ombudsman for these two sectors was to be the same person with the
same council, the number of members was changed to seven. The
main tasks of the ombudsman for defence are general welfare, leave
of absence and appointments, information and training for all ranks,
and the practical implementation of military service and preparedness.
Most of the complaints come from individual soldiers. Out of 123 cases
dealt with in 1990, 114 were submitted in that year. 87 of these
concerned individual servicemen, 19 concerned officers, 7 were linked
to other personnel and one complaint was forwarded by a large group.
According to the ombudsman, many of the conflicts are solved simply
through telephone contact between the parties involved, without any
formal registration of the matter. In recent years the number of
so-called social cases has increased, and these now comprise more
than 40 per cent of the total.
The ombudsman system is now solidly established and through its
almost 40 years of existence it has played a central role in solving
conflicts and maintaining an atmosphere of openness and trust within
the various sectors of the defence.
2.THE OMBUDSMAN FOR CONSCIENTIOUS OBJECTORS
The establishment of an ombudsman for conscientious objectors was
effected through a Storting resolution of 23 November 1956. The
council for the ombudsman has in recent years processed between
2,000 and 2,500 applications for transfer to civilian service. Between
15 and 20 per cent of applications are rejected. During the last ten
years 635 recruits have carried out compulsory civilian service.
The ombudsman for conscientious objectors receives a relatively large
number of complaints of a social and economic character. These
concern, for example, application for postponement of conscription,
where this is to be served, leave of absence and discharge. Questions
can also be of a more general nature, such as whether discounts on
railway tickets are just as favourable for conscientious objectors as
for uniformed recruits.
The ombudsman system is now of so long standing that it has a
recognized status. Reports from the ombudsman for conscientious
objectors show that between 8 and 12 per cent of conscientious
objectors apply to return to normal military service.
The services of the ombudsman are important where so many young
people are forced to spend a lengthy period in military or civilian service.
The ombudsman system has contributed towards a democratization
within the services and to an improved environment for all concerned.
3. THE STORTING'S OMBUDSMAN FOR PUBLIC ADMINISTRATION
When the legislation on an ombudsman for public administration was
adopted in June of 1962, and came into force on 1 October of the same
year, it represented a major step towards ensuring correct and
appropriate procedures in the public sector. The adoption of the new
legislation followed 10-15 years of debate. It serves as an example of
a private bill which has achieved its goal after due study and processing.
In the Storting considerable emphasis was laid on the reform, as is
demonstrated by the stipulations regarding the choice of the
ombudsman and his personnel. Like the Storting, the ombudsman
serves for four years, and the Storting has resolved that it is to be the
highest popularly elected body that selects and ombudsman and his
council. Behind this arrangement, which differed from the proposal
forwarded by the government in 1962, lies a clear recognition that the
government controlling state administration should not be the one to
appoint an ombudsman whose principal task is to assess and call
attention to defects in this same administration. The qualifications
required of the ombudsman for public administration are the same as
those for Supreme Court judges.
The ombudsman for public administration is specifically instructed to
do his utmost to ensure that the rights of the individual citizen are not
violated by any act of public administration. His mandate otherwise is
to carry out his duties in an independent manner M which means
independent of the Storting too. The sector he must cover is easily the
biggest of all the ombudsman's spheres of activity. It embraces the
whole of public administration and all those who work in it, with the
exception of issues already decided by the Storting or the Odelsting
(the larger division of the national assembly), decisions made by the
king in council, or matters normally dealt with in the Law Courts or by
the office of the Auditor General.
The ombudsman deals with 1,500 to 1,600 cases a year. Most of these
are complaints. Slightly less than half (in 1990, 44.5 per cent) were
rejected on formal grounds. In addition to complaints and enquiries the
ombudsman can also raise issues and does so on an average of 20-30
times per year. Although the ombudsman for public administration
does not have any executive powers but can only make
pronouncements regarding errors or reprehensible circumstances in
connection with processing a case, the administration is expected to
comply with the ombudsman's recommendations. The importance of
the ombudsman is illustrated by the fact that around 40 per cent of the
cases processed lead to a correction of the faults involved or to
criticism of the administrative organ in question.
The Storting has itself stressed that "it has always been the intention
of the Storting that the recommendations of the ombudsman are to
be observed".
In contrast to the practice in Sweden, the decisions of the Norwegian
law courts are not subordinate to the ombudsman for public
administration. But they can in certain cases be appealed to the human
rights court in the Hague. In other cases the person concerned can
choose between a complaint to the ombudsman for public
administration or to the king in council. If the latter is chosen, the
ombudsman must abide by the resulting decision.
Among the principle issues raised by the ombudsman in his annual
report for 1990 is the responsibility for "contributing in the future
towards ensuring compliance with human rights in Norwegian
administrative practice, thus promoting among the administrators an
awareness of the significance of how these rights are observed in their
administrative work."
THE CONSUMER OMBUDSMAN
As part of the implementation of the Marketing Control Act of 16 June
1972, a consumer ombudsman was appointed and a special Market
Council was established. This council exercises the same authority as
a court of law, in its own sector. It can, among other things, forbid an
action or contract terms which it considers unreasonable. The
consumer ombudsman's functions are more confined to control and
advice, but also with a certain access to direct intervention in certain
cases.
In the ombudsman's work of preventing abuse in relation to the
Marketing Control Act he must also pay due regard to sexual equality.
A half-naked women draped over the bonnet in a car advert is unlikely
to be permitted. Misleading information on the quality etc. of a product
is also forbidden. Any violations of this law are normally brought before
the Market Council unless the parties reach agreement beforehand. If
a postponement of a decision in the Market Council could lead to
damage or inconvenience, the consumer ombudsman can issue a
prohibition which must be observed, but which can also be appealed
to the Market Council by the person affected.
The number of cases rose steeply in 1990, reaching 3,500 compared
with 2,500 in the previous year. One fourth of the cases were related
to questionable marketing, but there was a marked drop in the number
of cases of sexually discriminating advertising. The work of the
consumer ombudsman has been very strongly influenced by increased
activities in the Price Inspectorate. The dismantling of the system of
direct priceregulating measures places heavy burdens on the
controlling authorities. It is also normal for the consumer ombudsman
to personally raise 14-15 per cent of the issues that are dealt with.
The major consumer organ in the public sector is the Consumer Council
which works almost parallel with the consumer ombudsman/market
council. The Consumer Council has its basis in a number of large
organisations. The highest authority is vested in the national congress
which is held annually. It is here that the executive committee is
selected, with the exception of the leader, who is appointed by the
government for a four-year period. The head of the Consumer Council
is also appointed by the government.
The so-called Consumer Disputes Committee functions as a separate
court of justice. Its decisions can be overturned only by the ordinary
lawcourts.
5.THE EQUAL STATUS OMBUDSMAN
When legislation on equal status between the sexes was passed in
Norway, on 9 June 1978, it also contained a provision that the King
was to appoint an equal status ombudsman. The ombudsman, along
with the Equal Status Council and the complaints committee for equal
status, was directed to contribute towards the enforcement of the
legislation on equal status. This ombudsman is appointed for a six-year
period.
Equal status legislation is very comprehensive, its only dispensations
applying to internal situations within religious communities. There are
also certain limitations with regard to family life and purely private
matters. The basic rule, laid down in paragraph 3 is that differential
treatment of women and men is forbidden.
The equal status ombudsman is required, through his surveillance
activities, to ensure compliance with the law. If conflicting parties
cannot come to an agreement, the complaints committee can ban an
individual measure or demand that a measure be implemented.
In cases where a decision is not immediately forthcoming and the
waiting period can cause harm or inconvenience, the equal status
ombudsman can make a decision, and has thus some degree of
executive power. But such decisions can subsequently be overturned
by the complaints committee.
The law on equal status requires that committees appointed or elected
by national or regional organs are as far as possible to have an
approximately equal number of men and women. The result is that the
man/woman representation on such committees is now substantially
better balanced, though there is still a long way to go. This is illustrated
through the many critical communications from the equal status
ombudsman to the municipalities, urging them to bring more women
onto committees.
The yearly review of the work of the equal status ombudsman shows
that there is a substantial case load. Nevertheless, there has been a
marked drop in the number of new complaints during recent years M
from more than 600 in 1986 and 1987 to 272 in 1990. About three
quarters of the complaints from individuals come from women. There
are also a number of complaints from organisations.
Most of these concern appointments to jobs, sexual discrimination in
adverts for jobs and leave of absence. There is growing interest in the
men/women quota stipulations in the public sector, but the number
of complaints concerning equal pay has dwindled considerably.
The equal status ombudsman differs from the others in that one fifth
of the cases dealt with are raised on the personal initiative of the
ombudsman.
6. THE OMBUDSMAN FOR CHILDREN
Norway's sixth and, so far, last state ombudsman was established
through legislation passed on 6 March 1981. The task of the children's
ombudsman is to promote the interests of children. Viewed against the
increasing awareness of the problems that children can face in modern
society, the establishment of the children's ombudsman was both
timely and typical of recent years' social developments and the
acknowledgement of the responsibility that society bears.
The children's ombudsman is appointed by the king for a four-year
period. At the time of the appointment an advisory council is also
selected in order to assist the ombudsman. Neither the ombudsman
nor the council has any executive powers, but the ombudsman enjoys
unrestricted access to all public and private institutions for children.
Similarly he/she has the right to be provided with information, to study
the protocols etc without being prevented by considerations to
professional secrecy.
In the cases he deals with the children's ombudsman mainly exerts
influence through criticism and statements to the parties involved,
with the added possibility of making these statements public. Through
information, lectures, control and inspection the children's ombudsman
has attempted to promote the interests and welfare of children. He has
on occasion reported municipalities to the police for their failure to
fulfil the statutory regulations regarding children's rights. So far none
of these cases have ended in court or resulted in criminal proceedings.
But the ombudsman has succeeded in stimulating public debate on the
subject of children's living conditions, lack of sufficient care and the
children's own reactions, thus giving these issues a more prominent
place on the political agenda.
The heavy workload of this ombudsman is illustrated by the
approximately 2,000 enquiries he receives per year, 10-12 per cent of
these from children. These enquiries are considered especially
important. The ombudsman's wide contact with children and young
people, through his active and outward-directed activity, has increased
understanding of the problems of children in modern society and the
importance of good conditions during the child's formative years.
THE EXTENDED ARM OF THE LAW
The work of the six ombudsmen, who were appointed to ensure that
public administration in Norway follows laws and regulations and to
advise companies and the general public regarding the rules and norms
of our democratic society must be considered as an extension of the
judicial system itself. Qualified, independent bodies, able to make
pronouncements on concrete issues, on their assessment of what is
correct and on where limits should be set constitute,in their way, an
extended arm of the law, and also represent a democratic guarantee
in an increasingly technological and more complex society.
The achievements of the ombudsmen have earned them the respect
of the public and focused attention on important issues. The main
working "tools" of the ombudsmen are statements, assessments and
requests. Some of them have a few coercive means at their disposal,
giving them the right to intervene in individual cases and under certain
conditions. But the decisive factor in the overall highly positive results
of the ombudsmen's work is that most people regard their decisions
as fair, in the knowledge that they have been formulated by an
important and impartial body.
Produced for the Ministry of Foreign Affairs by Nytt fra Norge, This page was last updated 7 August 1995.
The author of the article, Helge Seip, is an economist, journalist and politician. He has among other things been political editor of the daily newspaper, Dagbladet, editor in chief of Norges Handels og Sjøfartstidende (now Dagens Næringsliv), member of the Storting, minister of communications and head of the Data Inspectorate.
Produced for the Ministry of Foreign Affairs by Nytt fra Norge, which is also responsible for the contents of the article. Printed in September 1991.
Reproduced with permission from the Norwegian Ministry of Foreign Affairs.
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