Monrovia – The Liberian Senate has passed an act amending the Code of Conduct Part 12 for the creation of the operational frame work of the Office of the Ombudsman as established in the National Code of Conduct for all Public officials and employees of the Government of Liberia thereby adding section 12.3 to 12.10.
Report by Henry Karmo – [email protected]
The act has been forwarded to the House of Representative for concurrence.
Part of the act would restrict the function of the Ombudsman taking away section 5.1 and 5.2 from its function leaving it to deal with issues in the code of conduct other than elections matters.
The committee chaired by Senator Morris Saytumah (UP-Bomi County) recommended that the most debated issues in the 2017 election that many believe would have been addressed by the establishment of the Ombudsman be given over to the National Elections Commission and the Supreme Court of Liberia.
In the committee report the issues of elections as mentioned in section 5.1 and 5.2 of the code of conduct will be address by the National Elections Commission and the Court if there should arise issues that might need intervention.
Ad-hoc committees on the Ombudsman Tuesday May 30, 2017 submitted for discussion to plenary of the Liberian senate, a draft report providing a governing framework for the operations of the Office of the Ombudsman, including, the qualification, scope of authority, and tenure of appointees to the office of the Ombudsman.
In the draft report the committee said in addition to the authority prescribed in the Code of Conduct, the office of the Ombudsman is authorized to investigate, on it initiative or on complaints filed by any person or organization in violation of the Code of Conduct by public and private officials and employees of Government.
The draft report from the senate ad-hoc committee also prescribe that the Ombudsman as establish by the President on the code of Conduct shall undertake, participate in or cooperate with persons an agencies in conferences, inquiries, meetings, or studies which might improve the functioning of the agencies.
Also under the scope of authority of the office of the Ombudsman the draft report also calls for the Ombudsman to require for the discharge of its duties; however if such assistance is withheld, the office of the Ombudsman is empowered to request assistance of the courts for the subpoenas and other legal means needed to perform its duties consistent with the laws of Liberia.
In the report under qualification the president shall nominate three persons for the confirmation by the senate for subsequent appointment, to the office of the Ombudsman; one of whom shall be appointed as the chairperson; said composition shall be gender sensitive.
Under qualification, officials of the office of the Ombudsman shall be Liberian Citizens of high moral character; recognized good judgment, objectivity and integrity; well-equipped to analyse problems of law, administration and public policy; with the minimum of age not less than forty (40) years and must have a law degree; and other professional experience relevant to the tasks to be performed.
The report prohibits people serving on the Ombudsman from having other employment and they are to refrain from politics and shall serve a two year term following confirmation by the senate and appointment by the President. Members on the Ombudsman shall be removed from office for act of nonfeasance; misfeasance; malfeasance; and criminal acts as prescribed under the existing laws and regulations.