Ombudsman Without an Office or Staff

As its predecessor, the new Serbian cabinet has proven that enabling the operation of institutions for combating corruption and protecting citizens' interests are not among its priorities. This is well illustrated by the example of Serbia's first ombudsman, who, two and a half months after being appointed, is still without a work space.

Rodoljub Sabic, Serbian commissioner for information of public importance, found himself in a similar predicament having waited over six months for office space after receiving his post.

When asked to comment on his inability to set up and staff his office, Ombudsman Sasa Jankovic told Argus that he is convinced that the political will to form this institution exists on the highest level of government, but that it is not easily put into practice.

Although the Ombudsman Act prevents him from monitoring the operation of the government and giving political statements, Jankovic said that it is clearly in the interest of every government that citizens be satisfied with its operation and not have "corruption flourish." "I'm convinced the political will for fighting corruption exists. Whether all means and resources are being utilized to this end is something experts must determine," Jankovic said.

He added that according to the law, the government should assign the ombudsman work space based on his suggestions, but that to offer a proposal he must first know what is available. "According to information I have received so far from the cabinet, nothing is available, which is an unacceptable answer," the ombudsman said, mentioning that he already spoke of the issue with Prime Minister Vojislav Kostunica, who assured him that a solution would be found as soon as possible.

"I'm certain that the government is also aware that its time will be up as soon as Parliament adopts the Work Position Sistematization Act," Jankovic stressed, adding that the law stipulates that the cabinet is responsible for providing work space before the rules on service that will help the ombudsman do his job come into effect.

The draft rules, which envisage 63 persons employed in the service, did not make Parliament's September meeting agenda, despite being submitted on Aug. 24. The draft was added to the 34 items for the session which begun on Oct. 1, and is expected to soon be adopted as both ruling coalition parties and the opposition Liberal Democrats announced their support.

Yet Jankovic, without either an office or staff, has begun solving citizen's complaints, bundles of which have been arriving at his temporary work quarters at the People's Parliament Building -- space he was given thanks to Parliament Speaker Oliver Dulic.

Jankovic claims that some of the complaints he has received point to the possibility of corruption but that, given his current circumstances, he was unable to determine the details necessary to prove this.

"It would be irresponsible of me to draw a conclusion without complete insight into the nature of the case and without talking both to the authorities and the parties involved. Any such matter will have to wait until the Ombudsman's Office begins to operate normally," said Jankovic. The ombudsman explained that, when there is suspicion that illegal on improper conduct in administrative organs was caused by corruption, his job is to uncover this an set in motion the necessary criminal or disciplinary measures before the authority in charge.

"I cannot allow myself to give unfounded statements and reduce this institution to providing hearsay for the media," said the ombudsman, stressing that the ombudsman institution is in the works, and that the service's efficiency will depend on how its foundations are laid.

Ombudsman Jankovic emphasized that it cannot be allowed for one man to be an expert on children's rights, the operation of customs agencies, the work of the finance ministry and all other life situations where citizens come in contact with government bodies, and that it is thus necessary for the Sistematization Act to be passed so that competitions can be posted and competent experts hired. According to the law, the ombudsman is to propose to Parliament four deputies. The first will be in charge of human rights and the rights of arrested and detained persons; the second will be in charge of equality of the sexes, children's rights, and the rights of handicapped individuals; the third will be in charge of minority rights; and the fourth will be charged with correct and legal operation of the administration.

Sabic: Government Behaving Badly and Irresponsibly

Public Information Commissioner Rodoljub Sabic tells Argus that the government is behaving badly and irresponsibly when it comes to enabling work of the ombudsman.

For anyone who wants to build a democratic society the importance of the ombudsman is paramount, because this institution can largely aid different spheres of public life -- from the protection and improvement of human rights, to suppressing abuse of authority and corruption, said Sabic.

"That's why, in the light of what's in the interest of society, the will for forming this institution should not be questionable," Sabic stressed, and added that, unfortunately, many factors are laying doubt on the existence of this will in Serbia.

"The Ombudsman Act was passed two years ago, and its constitutional role and importance was confirmed with the new Constitution a year ago. In the meantime, we've received recommendations from GRECO, one of which deals with activating the ombudsman institution. It, however, is still not functioning."

"So far only the ombudsman himself has been elected. Yet even though this was done several months ago, he hasn't been provided with the basic prerequisites for beginning work. I believe it is unnecessary to comment on how bad and irresponsible that is," Sabic said.

Dedijer: Will Exists, State Disorganized

State Committee for Resolving Conflicts of Interest chairman Milovan Dedijer, on the other hand, believes that it is not the lack of government will hindering the ombudsman institution, but simply disorganization.

"I don't believe that it's a matter of lack of will. Considering how things went when the State Committee for Resolving Conflicts of Interest and the Office of the Commissioner for Information of Public Importance Service were created, it is some kind of disorganization. We all go through that phase," Dedijer tells Argus.

According to Dedijer, the state forms institutions whose goal is the protection of citizens rights and combating corruption both because of international demands and its own desire to join the EU, but after the formation it is late in providing for their operation.

"It is shameful, but that is how things are," Dedijer said and added that enabling the functioning of these institutions is low on the list of this government's priorities because it always has "other things on its mind."