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/ DS design ANNUAL REPORT OF THE OMBUDSMAN 2005.

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Presentation on theme: "/ DS design ANNUAL REPORT OF THE OMBUDSMAN 2005."— Presentation transcript:

1 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design ANNUAL REPORT OF THE OMBUDSMAN 2005

2 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design In what extent the citizens rights were respected?  The public administration had no sense for right of citizens;  There were cases of brutal excess of police authorizations;  Security and right of life were threatened in the prisons;  Justice was barely accessible in the court proceedings;  Denationalization process was blocked;  The best interest of child - neglected;  Social security only on paper;  Absence of consciousness and conscience regarding environment;  Law on nondiscrimination wasn’t brought;  Principle on adequate and equitable representation was realized slowly.

3 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design In what manner were accomplished and protected the citizens rights in 2005?  With difficulties in long, complicated and exhausted administrative proceedings before unreformed public administration;  Before clerks and officials amenable on influences with insufficient consciousness on rights of citizens;  Before police who manifests power, doesn’t protect and disguise it’s weaknesses;  In slow, inefficient and still unreformed judicial system;  By deceiving and inconsistent use of legal regulation and self- will in some proceedings;  Without sense of responsibility and openness in work.

4 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design How was the cooperation with the Ombudsman in 2005?  The Sector on Internal Control and Professional Standards has interrupted work of the Ombudsman;  Second instance Commission on Denationalization doesn’t act on interventions of the Ombudsman;  Organs and commissions of second instance showed incorrect and irresponsible attitude toward Ombudsman institution. Although the level of cooperation was increased comparing with previous years

5 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design What do the figures indicate? 3 9 5 3 complaints 2 7 2 9 completed 1 9 2 6 no violation 1 2 0 6 pending 3053 1959 0 1000 2000 3000 4000 Accepted complaints 20052004  Number of complaints increased for 55,84%;  Ombudsman interventions were respected more. 4 7 8 accepted interventions interventions 8 0 3 ascertainedviolations 2 6 all legal possibilities possibilitiesused 2 9 9 interventions on which there are still no answer

6 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Results of work in 2005 3,08% 0,95% 17,52% 27,89% 49,36% 1,21% 69,35% 30,65% Resolved complaints Pending complaints 49,36% Discontinued proceeding 27,89% Proceeding has not been initiated 17,52% Ascertained violation on which the Ombudsman proceed 0,95% Ascertained violations on which all legal actions were taken 3,08% Complaints solved in another manner 1,21% Anonymous complaints

7 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Registered violations in 20,41% cases Ascertained violations in 2005 26 - 3,24% 478 - 59,53% 299 - 37,24% Organs that still hasn’t proceeded on Ombudsman interventions 11 10 11 22 41 44 11 111 111 Government of RM – Second instance Commissions 44 Ministry of Finances 41 Ministry on Internal Affairs 22 Ministry for Transport and Connections 11 Ministry on Education and Science 10 Public Enterprises, Services and Institutions 11 State Directorate for Geodetic Issues 11 Ministry for Local Self-Government 9 4 4 2 3 1 2 1 Proceeded Still unproceeded Cases on which the Ombudsman carried out all legal acts Organs that haven’t proceeded upon interventions of the Ombudsman 9 Ministry on Internal Affairs 4 Ministry on Finances 4 Ministry for Transport and Connections 2 Ministry on Labor and Social Policy 3 Ministry on Culture 1 Government of RM 2 Public Enterprises, Services and Institutions 1 Ministry on Education and Science

8 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Is there a trial in reasonable period of time? Trials are slow, long and exhausted for citizens because of:  Incompetent, negligent and irresponsible behavior that shouldn’t stay unsanctioned  Insufficient training of court and administrative personnel  Unsuitable work conditions in 8,51% or 79 ascertainedviolations  Completing of the reform in judiciary  Continuing training of court and administrative personnel 30,40 % or 928 of total complaints in 91,14% or 72 proceeded on Ombudsmanintervention 928 385 0 300 600 900 1200 Judiciary 20052004

9 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Does the Police always serve in the interest of the citizens?  Cases of excessively use of enforcement means  Cases of abuse of official authorities  Sector on Internal Control and Professional Standards shows unprofessional and irresponsible behavior, hides negative cases and interrupt work of the Ombudsman  Bigger professionalism and responsibility of the officials and sanctioning of the negative cases  Compulsory and unconditional cooperation with the Ombudsman  Bringing of the Law on Police that will clearly define police authorities and actions 391 243 0 100 200 300 400 20052004 12,81% or 391 of total complaints in 34,02% or 133 ascertainedviolations in 62,41% or 83 proceeded on Ombudsmanintervention Police proceeding and other internal affairs

10 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Prisons - punishment, but not re-socialization  Deranged security - 16 person died by forcible death  Registered presence of drug, alcohol and weapons at prisoners  Incompetent management and bad material conditions  Employee and responsible persons doesn’t know laws and interrupt work of the Ombudsman  Establishing suitable security and control system  Appointing proper and professional operating and other official staff  Ensuring dignified, human and reeducation treatment General inspection of the situation in PCI and ECI 1,57% or 48 of total complaints in 10,42% or 5 ascertainedviolations in 80,00% or 4 proceeded on Ombudsmanintervention

11 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Where has the process of denationalization stopped?  Confused and uncoordinated organizational labyrinth in first instance  Commission in second instance doesn’t function and has selective approach  There were inefficiency, bureaucracy, subjectivity and disrespect of deadlines for answer on citizens requests  Work of the Ombudsman were interrupted by disrespection of his requests and suggestions  Taking measures for unblocking of denationalization process, ascertaining responsibility and respect of the obligation taken by the State  Timely proceeding on citizens requests and interventions of the Ombudsman 403 217 0 100 200 300 400 500 20052004 13,20% or 403 of total complaints in 57,32% or 231 ascertainedviolations in 26,41% or 61 proceeded on Ombudsmanintervention Property rights

12 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Arbitrary behavior with regards to employment and dismissal  Illegalities in employment proceedings  Illegal dismiss from a job during the decentralization process  Respect of the procedures in realization of rights from the field of labor relations  Bigger engagement of the Labor Inspection especially in private sector 200 300 400 2005 2004 10,32% or 315 of total complaints in 28,25% or 89 ascertainedviolations in 59,55% or 53 proceeded on Ombudsmanintervention Labor relations

13 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Urban disorder continued in 2005  Commercial interest was primary in often changes of urban plans  Bureaucracy caused problems to the citizens during proceeding on their requests  Inspection organs acted inertly and there were no preventive control  Administrative act on pulling down buildings wasn’t realized and there were selective approach  Compulsory initiation order in organization and humanization of environment  Increasing of the control level by inspection organs and realization of brought acts without selective approach  Respecting of legal deadlines for decision bringing and responsible acting toward Ombudsman’s interventions 184 123 0 50 100 150 200 20052004 6,03% or 184 of total complaints in 13,59% or 25 ascertainedviolations in 40,00% or 10 proceeded on Ombudsmanintervention Urbanism and construction building

14 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Endanger human environment  The awareness for the human environment was on a very low level  Insufficient preventive measures were undertaken by the competent bodies  The citizens did not have access to information’s concerning the protection and development of the human environment  The polluters were not prosecuted  Action for raising human environment awareness and providing access to information’s.  Monitoring the conditions and undertaking measures and sanctions against the polluters  Implementation of the Ombudsman interventions 23 12 0 5 10 15 20 25 Environment 20052004 0,75% or 23 of total complaints in 13,04% or 3 ascertainedviolations in 66,67% or 2 proceeded on Ombudsmanintervention

15 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Citizens at social risk can not resolve their housing issues  Sufficient care was not paid to the citizens at social risk  The state housing fund was not properly evidenced and distributed  The Commission for housing issues was acting imprecise upon the request of the citizens  Providing housing for the citizens at social risk  Complete evidence and proper distribution of the state housing fund  Prompt and efficient acting of the Commission for housing issues 2,10% or 64 of total complaints in 28,13% or 18 ascertainedviolations in 72,22% or 13 proceeded on Ombudsmanintervention

16 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design The social security inaccessible  The level of social protection was insufficient for fulfillment of the basic needs  The social rights were accomplished with difficulties  The competent bodies were acting  Inefficient, unlawfully and with subjectivity  Increasing the level of social protection and security  Lawful and proper distribution of social benefit ions  Undertaking measures for elimination of subjectivity in the distribution of the social benefit ions 0 50 100 150 Social security and protection 2005 god2004 god 3,87% or 118 of total complaints in 54,24% or 64 ascertainedviolations in 90,63% or 58 proceeded on Ombudsmanintervention

17 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design How the citizens did realized the right to pension and disability insurance?  In long-lasting complicated procedures faced with arbitrary behavior  The Commissions for evaluation of working ability were acting partially and with elements of corruption  Prompt, objective and impartial acting upon citizens requests  Intensive control over the work of the Commissions for evaluation of working ability in order to eliminate the inconsistency 170 111 0 50 100 150 200 Pension and disability insurance 20052004 5,57% or 170 of total complaints in 21,18% or 36 ascertainedviolations in 75,00% or 27 proceeded on Ombudsmanintervention

18 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design What was the level of our health care system?  The competent bodies were acting inefficient upon the citizen’s requests and the status - insured was difficult to accomplished  The unpaid contributions were obstacle for the accomplishment of the health protection rights  In providing the health care services there were irresponsibility’s and incompetence.  Reformation of the system  Prompt acting and in accordance with the legal regulations  Respecting the professional ethics 43 50 0 20 40 60 Health security and protection 20052004 1,41% or 43 of total complaints in 44,19% or 19 ascertainedviolations in 89,47% or 17 proceeded on Ombudsmanintervention

19 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design To what extend the best interest of the child was respected?  Children from low social backgrounds haven’t had conditions for normal growth and development  The vulnerable groups of children were not protected  The violence against children has been on the rise  Best interest of the child – state priority  Providing conditions for normal growth and development of children living in social risky environment  Prevention and prosecution of the violence against the child  Respect of children’s right of participation in issues of their concern 63 47 0 20 40 60 80 Children’s rights 20052004 2,06% or 63 of total complaints in 39,68% or 25 ascertainedviolations in 92,00% or 23 proceeded on Ombudsmanintervention

20 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Higher education - right or privilege  The Law on higher education was not always properly implemented  The higher educational institutions were inconsistently when deciding about the co financing and participation fees  The student standard stayed on a low level  Lawful and prompt deciding in the accomplishment of the educational rights  Protection and development of the student’s standard 38 26 0 10 20 30 40 Education, science culture and sport 20052004 1,24% or 38 of total complaints in 39,47% or 15 ascertainedviolations in 80,00% or 12 proceeded on Ombudsmanintervention

21 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design The citizen’s were held hostages by the monopoly position of public utility service providers!  The public service providers in their communications with the citizens showed lack of awareness and incompetence  There has been lack of proper regulations for successful protection and control over the monopoly  Advancing the level of communication with the citizens  Preparation of convenient regulations for prevention of abuse the monopoly positions and liberalization of the market  Prompt acting by the Commission for protection of the competition 94 152 0 40 80 120 160 Consumer’s rights 20052004 3,08% or 94 of total complaints in 38,30% or 36 ascertainedviolations in 86,11% or 31 proceeded on Ombudsmanintervention

22 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design The principle of non-discrimination is still without legal framework!  There is no Law on Non-discrimination  It was difficult to identify and to provide protection for victims of discrimination  Passing a law on non-discrimination;  Implementation of the international standards 6 0 1 2 3 4 5 6 Non-discrimination 20052004 0,20% or 6 of total complaints in 33,33% or 2 ascertainedviolations in 0,00% or 2 not proceeded on Ombudsman intervention

23 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design Inadequate equitable representation  The principle of adequate and equitable representation was not fully carried out  The annual programs for adequate and equitable representation were not fully respected by the public sector  Respect of the constitutional obligation for adequate and equitable representation in all levels  Realization of annual programs for adequate and justify representation 4 11 0 5 10 15 Adequate and equitable representation 20052004 (Analyses made on a base of data for adequate and equitable representation) 0,13% or 4 of total complaints in 25,00% or 1 ascertainedviolations in 100,00% or 1 proceeded on Ombudsmanintervention

24 www.ombudsman.mkwww.ombudsman.mk / e-mail: ombuds1@mt.net.mk www.ombudsman.mk DS design How to move forward?  With unconditional respect of citizens rights,  responsible, consciences and professional work,  with changes in the mentality of work,  open and efficient,  with transformation of the public administration in true service of the citizens,  acceleration of the judicial and police reforms, and  with continues education and training of the state officials and mandatory respect of interventions and cooperation with the Ombudsman


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