By Sarath Wijesinghe

Sarath Wijesinghe President’s counsel former Ambassador to UAE and Israel and former chairman consumer Affairs Authority

Ombudsman System world over and Sri Lanka a necessity today

Ombudsman is a unique system used in many parts of the world successfully in place of expensive litigation and to settle matters in a friendlier and more amicable way. Litigation as we all know is very expensive cumbersome and time consuming. Ombudsman may be appointed by the government or private entities and groups to themselves ot to cover the entire country. Sri Lankan constitution provides for an Ombudsman for administrative purposes by access to him is difficult as one has to to through the Speaker to the Parliament for services of the Ombudsman. In India and citizen has access to Ombudsman by a letter and there are lawyers on public interest litigation who will help the litigant helped by the judiciary developed the jurisprudence of public interest litigation to hep the citizen.

The ombudsman system is prevalent the world over for convenience, clarity, 6+efficiency in place of complex litigation used in many areas of Administration, Finance, Legal Services, Insurance, Medical and many other areas and sectors, especially in the West when business deals are active and alive. An ombudsman appointed by the State or privately is a person accepted and respected by the parties concerned and the world as impartial, learned, clean and reputed for all parties to accept the decision expected to be given to the family and impartially after having heard or read the documents and representation orally or in writing at a venue amicably agreed upon by parties on the given subject and the disputed deliberations. Services of this Good Office are invited when there is a dispute or requirements for clarity or decisions of disputed areas to the satisfaction of all the parties. In many instances, we tend to look for the British or Western model as a precedent as a system practised successfully, especially in the business world and many other areas the world over. Consumerism in Sri Lanka is at its lowest ebb and needs rejuvenation and drastic exchanges to bring it in the right direction to ease consumer suffering in silence without an organized consumer regime as in other parts of the world. In all directions making it difficult to make ends meet. The Indian Consumerism and Ombudsman scheme is working well with the establishment of Consumer Courts and updated legislative mechanisms, unfortunately, lacking in Sri Lanka with a lame and outdated Act that was introduced in 2003 with no changes to date when we are at the doorstep of the ‘AI’ age. It appears that the expected change is immediate and imminent in consumerism for a better day for the consumer for consumer items and services of quality at reasonable and affordable consideration.

Ombudsman system in operation in the UK, EU and the rest of the world

The history of the Ombudsman runs back to 221 BC to China, 1809 Sweden and established in the West in order to resolve administrative matters in a more amicable way to ease the responsibilities of the King and the administration and give quick relief to the people that developed to the current form in UK, EU, and many other countries in a more organized manner. There is a Parliamentary Ombudsman in the UK and Sri Lanka in operation in a different way when the Parliamentary Administrator is set up under Article 156- 41 (c) and Act No. 17 of 1981 and 1994. To access the Ombudsman in Sri Lanka, the aggrieved party is bound to go through the Speaker of Parliament when it is convenient in the UK by website or contacting directly for redress. It operates in the EU and other countries and many parts of the world in a different way, and the fact that it was in existence in China in 221 BC indicates that the system has been widespread and used by states for a long time for various purposes. The unique aspect of the model is the ability to be used in any kind of system of governance whether a dictatorial or a democracy adopted to suit the situation. In Britain, the ombudsman system functions satisfactorily in Rail, Trade Associations, Insurance Sector, Banks, Energy, Health, Pension, Legal Services, and many others, whereas in Sri Lanka apart from the Parliamentary Ombudsman incorporated in the Constitution, the Financial and Insurance Ombudsman system was in operation and it is doubtful whether it is still in operation which appears not to be successful and effected as expected by legislation and practices in other countries. The offices of the Financial and Insurance Ombudsman seem to be not in operation and no further steps have been taken to explore the concept which is effective and successful sei in other parts of the world.

Ombudsman system in Sri Lanka

In addition to the ombudsman provided in the constitution

Why Consumer Ombudsman for Sri Lanka? And way forward

Consumerism and consumer activism and the main regulator CAA and the price control and regulatory procedure are unfortunately a failure due to a lack of proper vision, leadership, and legislation which is outdated and requires immediate and drastic changes to meet the current demands of the citizen pressed with the excessive pricing regime and lack of control and regulations to control the prices of consumer items and services. Until then, an Ombudsman could be appointed by amending Act No. 9 of 2003 or incorporating regulations under the Act that allow to incorporate new regulations. The ombudsman process is simple, cost-effective, and accessible if applied properly as in the UK that manages on the website unlike the long process in Sri Lanka to access the ombudsman via the Speaker of Parliament. The inquiries at the CAA are accumulating and there is a delay in drafting new legislation and the ombudsman system could assist the Government at no cost as the position could be linked to the existing legislation with minute changes to legislation. The ombudsman system in cost-effective, quick, accessible, and effective if it links with mediation legal board, consumer associations and the CAA with fierce and active programmed on consumer education, to bring about the aspired ‘Change’ to the citizen for consumer items and services of quality at a reasonable and affordable price.

In nutshell the institution of the Ombudsman is  a burning necessity for Sri Lanka to ,eke legel system close to the citizen, easier to settle disputes and arbitrage matters accepted to the world and to be in par with the world situation.

About the author:

Sarath Wijesinghe, former Chairman Consumer Affairs Authority of Sri Lanka, former Ambassador to UAE and Israel, President’s Counsel and Solicitor in England and Wales.

Wijesinghesarath05@gmail.com