CONTENTS Subject Page No. Alternate Dispute Resolution at the Grass Roots Level 01 Grievance Commissioner for Overseas Pakistanis 03 Report for Transforming Pakistan Institute of Medical Sciences (PIMS) Islamabad into a Leading Centre of Excellence 05 Report on Prisons with Special Reference to Children and Women Prisoners 07 Grievance Commissioner for Federally Administered Tribal Areas 11 Grievance Commissioner for Pensioners 12 Report on the Tragic Road Accident at Khairpur,Sindh 13 Report on Central Directorate of National Savings 15 Report on National Database and Registration Authority 17 Report on Reforms in the Pension System of Pakistan Railways 20 Grievance Commissioner for Civic Agencies 21 Report on Measles Outbreak in Pakistan 23 Report on State Life Insurance Corporation of Pakistan 27 Report on Delay in Issuance of Machine Readable Passports 29 Notifications of the Committees 31 Message of the Honourable Federal Ombudsman of Pakistan Mr. M. Salman Faruqui, Nishan-e-Imtiaz The Hon’ble Federal Ombudsman took cognizance of maladministration and systemic failures in many of the agencies following public complaints, which required urgent corrective measures for ensuring prompt and efficient service to the people. For the purpose HWM constitutes several committees with the directives to examine the core issues and systemic maladministration and come up with recommendations after discussions with agencies concerned and other stakeholders. The Committees, accordingly have prepared a number of study reports designed to improve the working and public response of the agencies. Summarized version of selected reports have been included in this publication for the information of readers. Alternate Dispute Resolution at the Grass Roots Level The system of Alternative Dispute Resolution is prevalent in many countries in various forms and manifestation. This system has been adopted mainly to avoid the complexities, costs and time involved in the formal justice system in delivery of justice. Almost eighty percent of the cases lodged in British and Australian Courts are now being settled through ADR process thereby saving cost of the parties and sparing time for the court for adjudication of complicated legal issues and cases which do not qualify for decisions. 2. It is observed that a substantial quantum of litigation arises out of the maladministration of the government agencies. It is estimated that more than 50% litigations emanated from maladministration at local, provincial and federal levels. If the flood of bad administrative practice is checked at the Ombudsman Offices, an appreciable reduction in long and cumbersome litigation is almost certain. 3. Despite the efforts at the highest level the existing justice system is still faced with many challenges, foremost being the having load of cases pending for judgment. It is common knowledge that an average criminal case takes years while a civil suit may take decades to finalize. By one estimate, 2.5 million cases are pending without courts. 4. The Islamabad High Court has observed that the Courts are clogged with instances of litigation relating to the alleged violation of fundamental rights of the citizen by acts and omissions of the executives. If these administrative malfunctions could be checked and filtered by an empowered forum like the Ombudsman Offices, there would be an appreciable reduction in long and cumbersome court cases. 5. The Institution of Ombudsman (Mohtasib), referred to in the vernacular as the ‘poor man’s court’, is an extension of the system of administrative justice, and has been serving the people of Pakistan for more than three decades. The benefits of this low-cost, encumbrance-free, simplified and swift delivery of relief from the ills of maladministration can be further enhanced by taking the system as close as possible to the doorstep of every citizen. 6. The other compelling reason for the setting up of ADR is that though Ombudsman offices are affording facility for filing formal and informal complaints through multiple modes including on line complaint system but for hearing the complaints people from far flung areas have to travel down to the regional office or the head office and incur expenditure. 7. Realising the inconvenience faced by the masses in approaching the Federal Ombudsman for redress of their grievances, the Honourable Wafaqi Mohtasib in exercise of power under ~1~ Section 18 of President Order No.1 of 1983, constituted a Federal Advisory Committee on Reforms and ADR with following objects: i. To extend the outreach of the current system of administrative justice to the district and sub-district level. ii. To develop a robust mechanism for speedy resolution of complaints at the door steps of citizens, specially of remote areas. iii. To provide free of cost redress of the citizens’ grievances. iv. To provide a one-window service to the citizens across governmental/jurisdictional divides. vi. To promote harmony and functional integration in the operations of various tiers of Ombudsmen’s Offices by adopting a uniform procedure for the disposal of the cases relating to the Federal, Provincial and Local Administration, with the joint efforts of Ombudsmen Offices across the country. vii. To reduce the burden on the courts. 8. After exhaustive consultation process of FOP with the stakeholders it was proposed that a joint team of Federal Ombudsman and Provincial Ombudsman should move to district headquarters initially and later to sub division and tehsil on pre-planned and pre advertised dates to conduct hearings and announce on the spot decisions, as per their jurisdictions and under their regulatory laws separately but under the same roof. ~2~ Grievance Commissioner for Overseas Pakistanis At present, 7.5 million Pakistanis are living and working in 70 different countries of the World. Despite their remittances of around 16 billion US dollar per annum, they have frequent complaints against the attitude of various federal government agencies. They find the state functionaries to be generally non-responsive and not forthcoming at the time of need. It was in this back-ground that Federal Ombudsman appointed Senior Advisor as Grievance Commissioner for the Overseas Pakistanis under Section (7) of the Federal Ombudsmen Institutional Reforms Act, 2013 with the following objectives: i. To advance the welfare of Pakistanis working or settled abroad and their families living in Pakistan by identifying their systemic problems against the state functionaries. ii. For evolving internal mechanism of the Government of Pakistan for resolution of the individual and collective problems of Overseas Pakistanis. 2. The Grievance Commissioner carried out detailed study of the problems faced by Overseas Pakistanis and initiated a consultative process by taking all the relevant agencies on board which included among others: Ministry of Foreign Affairs, Federal Board of Revenue, Federal Investigation Agency, Department of Immigration and Passports, Civil Aviation Authority, National Database and Registration Authority and Pakistan International Airlines. 3. For evolving mechanism for redressal of complaints of Overseas Pakistanis in line with the vision and directives of the Hon’ble Federal Ombudsman, series of recommendations were made to the agencies concerned for implementation. Some of the major recommendations are as under:i. Online mechanism for resolution of complaints of Overseas Pakistanis has been established at Ombudsman Secretariat with independent website. ii. Focal Persons have been appointed in all the relevant ministries, departments and in the concerned Embassies of Pakistan. iii. Toll Free Numbers have been activated for Overseas Pakistanis. iv. Agencies are constituting Advisory Councils comprising senior officers and civil society to identify and resolve systemic issues relating to Overseas Pakistanis. v. Agencies are developing online system for lodging and tracking of complaints. These are being integrated with Grievance Commissioner and other agencies. vi. State Bank of Pakistan (SBP) has undertaken to further facilitate Overseas Pakistanis to send their remittances through formal channels. ~3~ vii. Pakistan Missions will maintain liaison with the local Agencies in foreign countries for the purpose of resolving the problems of Overseas Pakistanis. viii. Machine Readable Passport facility will be ensured in every foreign country which has more than 10 thousand Pakistanis. ix. Schemes should be introduced to attract trouble free and sound investments from overseas Pakistanis, particularly those not requiring personal supervision or return of overseas Pakistanis. x. Complaints of overseas Pakistanis reported by the Media will be duly attended to by the Agencies concerned. xi. One Window Facilitation Desks will be established at all international airports in Pakistan to facilitate incoming and outgoing Pakistanis. The desks will be operational round the clock. xii. Overseas Pakistanis Foundation (OPF) and Civil Aviation Authority (CAA) will act as Complaint Handing/Coordination Agencies at airports for overseas Pakistanis and will submit weekly report to their heads and Grievance Commissioner for overseas Pakistanis. xiii. FIA and Customs will increase immigration/clearance desk at International Airports for facilitation of overseas Pakistanis with the help of CAA. xiv. Special Branch personnel will address the issue of passenger robbery by motor cabs outside the airports and keeping surveillance of roads all along the airport area. ~4~ Report for Transforming Pakistan Institute of Medical Sciences (PIMS) Islamabad into a Leading Centre of Excellence Pakistan Institute of Medical Sciences (PIMS) started functioning at its present location with effect from October, 1985 with the objective and purpose to provide specialist services of international standards to the public. It was also supposed to act as a focal point for World Health Organization along with other national and international health care agencies for the purposes of research, medical education and on the job training in various health related disciplines including public health and pharmaceutical services. 2. Over the years the quality of infrastructure and service delivery standards of this institution has deteriorated to such an extent that when Dr. Shahid Nawaz Malik, Head of the Department of Cardiology of PIMS was shot and critically wounded in February, 2015, this institute miserably failed to provide such needed urgent diagnostic support due to complete breakdown of medico-surgical infrastructural support. 3. Taking cognizance of this poor state of affairs at such a prime institution of the Capital which constituted mal-administration in terms of Article 2(2) of the Establishment of the Office of the Wafaqi Mohtasib (Ombudsman)’s Order No. 1 of 1983, the Wafaqi Mohtasib under Article 9(1) of the above law on his own motion, took notice and constituted a Committee on 21st February, 2015 to investigate into the state of affairs of neglect, inattention and mal-administration on part of the PIMS administration. The terms of reference of the above Committee were:i. To conduct a thorough study of the quality of services, infrastructure and security in the institution. ii. To make recommendation for smooth, effective and efficient functioning of the institution in accordance with the objectives for which it was established. 4. The committee, therefore, started its work in earnest during which it came across many challenges, the most important of which was lack of proper information on the current status of different departments, their capabilities, capacities and availability or lack of infrastructural support. While going into the historical perspective of the institution, the Committee studied its basic management and support structure. In order to carry out an objective analysis of the situation, the committee consulted the current and past management of the institute and also obtained perspective of the health experts, related national and international health institutions, civil society, parliamentarians, PIMS’ Associations and Unions and government agencies. On the basis of these consultations and discussions and its own evaluation, the committee came out with a package of reforms and viable recommendations to turn PIMS into an efficient and effective health service delivery and research organization. ~5~ 5. The main recommendations of this committee include:i. Complete administrative and financial autonomy to PIMS and SZABMU under an independent Board of Governors with the President of Pakistan as its Chairman. ii. An effective and efficient administrative and financial management structure under an Administrator supported by a Chief Financial Officer. iii. Opening of a PLA account and financial planning to make this organization selfsufficient and financially independent. iv. A comprehensive and duly notified Rules and Regulations with clearly defined delegation of powers, roles and responsibilities. v. Proper career planning of each cadre of health services’ functionaries under an organizational structure with equal opportunities for exposure, experience and capacity building necessary for elevation within the respective cadres. vi. Strengthening and enhancement of infrastructure with addition of new medical towers and replacement of existing equipment. Establishment of Dental Hospital and College, Organ Transplant and Day Care Surgery Centres and improvements in Nursing and Paramedical training and support. All non-core activities to be out sourced to private sector. vii. Establishing four new general hospitals in four corners of Islamabad to serve as satellite hospitals of PIMS to reduce the burden of indoor patients at PIMS. viii. All public works to be carried out by the PIMS management under authorization and supervision of its own BoG without involvement of Government agencies. ix. Introduction of an integrated IT based solutions for maintenance of staff, patient and disease related records. This information will be helpful for the educational institutions and public health organizations for data analysis, research and development. x. An efficient monitoring and evaluation set up under an Independent Quality Assurance Department. xi. A social welfare mechanism with the active involvement of NGOs and Civil Society for the welfare of patients and staff. xii. Setting up of modern pharmacy services for ensuring availability of quality medicines at concessional rates. 6. The subject report has now been sent to all the related agencies and it is expected that with the implementation of the above recommendations and proposed reforms package, the overall governance of SZABMU and PIMS and the quality of health care service delivery to the patients would significantly improve. ~6~ Report on Prisons with Special Reference to Children and Women Prisoners In view of the directions of the Honourable Supreme Court, Honourable Wafaqi Mohtasib constituted a Committee for systemic study and assessment of situation in prisons of the country and for making recommendations. The Committee visited some important prisons and reported the condition prevailing in the prisons. Federal Ombudsman team identified core issues and concerns, in some detail, and noted certain serious shortcomings and failures in the system. The Committee found the situation in the jails distressing and pathetic beyond description. The Committee felt that drastic measures were required for improving the prisons condition in Pakistan. Observations Overcrowding in dilapidated buildings, raised, in 19th century, presented an equally dismal picture of institutional deterioration and decay. The widening staff-inmate ratio further adds to mismanagement. The jails are flourishing as fertile breeding places for offenders. There is no surprise to find a one-time-casual to return as an all-time-habitual in the same prison used for confinement of both, convicts and accused. Incidents of deaths where allegations of coercion, torture or physical violence are made, are also increasing. Unnecessary excessive physical punishments are illegally imposed. Training of Staff is minimal. In fact, there is only one National Academy of Prison Administration (NAPA) in Lahore. National security dimensions, in the present milieu, include the concerns for security of important jails, in the country. The grave injustice is the non-production of under-trial accused in offences, the maximum punishment of which, if proved guilty, could be only a fraction of what they are made to suffer. The meetings with relatives are not easy and free of extortion. It is also a common complaint that for getting meals from their families or getting some minor entitlements/facilities, prisoners suffer coercion, including sexual. There is lack of paid-work opportunities, and wages are not paid or only partially paid where prisoners are subjected to work, even under very harsh conditions. Basic needs like clean water are mostly missing. There is lack of proper health care. Due to increasing numbers of HIV/Aids, Hepatitis cases, prevention programs are immediately needed. Drug users are victims of induced addiction, and do not belong to the prison. The same is true for the insane or psychologically unstable persons. They too need to be medically treated and kept in asylums, and not prisons. ~7~ There is inadequate provision, bordering on denial of education and skills development programmes for inmates, particularly for juvenile prisoners, women prisoners and their accompanying children. The Committee identified key steps in the reform process as under: Reform for prisoners, includes: (i) classification, (ii) segregation, (iii) individualized treatment (iv) vocational training (v) reducing criminal capability (vi) creating deterrence, through custody, care, and discipline. Entry into Jail: At the time of entry in jail, the following needs to be ensured, strictly: Medical Examination/Health Condition/Personal Data, Board Certification whether Prisoner can perform, hard/medium/light labour Medical Examination of Women Prisoners by Lady Medical Officer Prisoner Differentiation and Segregation: Children and adolescents are detained with hardened prisoners due to lack of space. They suffer torture and sexual abuse. The prisons need to be physically partitioned into sections on the basis of different classifications. For example, following may be considered: Juvenile and women prisoners should be completely segregated from all others and secured. Within prisons, population be segregated as, Convicts, Condemned Prisoners, and Under Trial Prisoners. Further segregation may be made according to sub-categories, e.g., Minor Offences, Major Offences, etc. Convicted prisoners may also be segregated as casuals, habitual, juvenile and adolescent. The District and Session Judge should head the Prison Stakeholders’ Board comprising official and non-official members. The non-official members should be strictly non-political with unblemished record. Sessions Judge must make surprise visits of each jail on prescribed intervals. A minimum of three private members with a serving officer may be nominated by Sessions Judge for visits without prior notice at any time. The District & Sessions Judge, along with members of the Prison Stakeholder’s Board should visit the Prison for at least 8 hours on the first or the last Saturday of the month. He should send quarterly report to the concerned Chief Justice. Community may assist in the management and oversight of education/skill training, welfare, pre-trial services, bail scope, personal bond in appropriate cases and rehabilitation through religion, recreation, and psycho-therapy. ~8~ Juveniles and females accused of drug offences and first time offenders, be not committed to prisons but sent to correction centres or rehabilitation homes, their families or notables who provide guarantee for their required presence and good conduct. The Committee recommended that the following need to be recognized as rights of prisoners: i. Food (quality and quantity according to caloric requirement of healthy person, and as required for patients). ii. Clean Drinking Water (periodically tested). iii. Livable shelter. iv. Free education for prisoners and children. v. Regular medical check-up and treatment, religious freedom. vi. Clean clothing and bedding. vii. Filing of Appeal, Free Jail Appeal, and Free Legal Aid. viii. Privacy in spousal meetings. ix. Physical exercise/sports/outdoor time, Free access to library. x. All physical punishments awarded by Jail Superintendent should be subject to confirmation, and all other punishments in general should also be reviewed, by District & Sessions Judge. xi. Prisoners should be allowed to keep watch, radio, and television/radio in common rooms. xii. There should be no restriction on number of letters received and mailed by Prisoners. xiii. Wash room drainage and bathing arrangements should be clean. xiv. Adequate ventilation in barracks. xv. Trained in skills and vocations, for employment/gainful occupations. Female Prisoners: Recommendations 1. Separate Wards must be properly secured and monitored, for females. 2. Body search, where necessary, only by Lady Warden. 3. No punishments like stripes/handcuffs, etc. 4. Permission to keep personal jewellery, comb, soap etc. 5. Required food for Suckling Mothers, and Pregnant Women Prisoners. ~9~ 6. Proper arrangements for delivery/maternity within the Ward/Prison. 7. Proper arrangements for stay of children up to six years of age with mothers. 8. Schools for education of Children, in collaboration with approved NGOs. 9. Special Remissions and payrole for mothers, specially suckling mothers and pregnant women prisoners. 10. Suspension of Death Sentence of Pregnant and Suckling Mothers. 11. Female Prisoners should be handed over to their relatives on proper identification, on completion of sentence. 12. Women literacy, education and vocational training for gainful employment, in collaboration with NGOs. 13. Out-door healthy activities, as family and community participation. 14. Healthcare. 15. Concept of sweat homes should be expanded. The Ombudsman may form: Standing Committees to: i. pursue action on the above recommendations. ii. follow up progress on implementation of decisions. iii. monitor systemic issues to remain vigilant against mala-administration. iv. analyze individual complaints, periodically, for impending systemic issues. Inspection Teams to: i. ii. iii. inspect conditions continuously. liaise with administration, concerned Agencies, and Provincial Ombudsmen. sensitize concerned policy and decision makers about the issues. Inspections and visits of prisons by executive and judicial officers and social welfare organisations, during day time are useful only to an extent but cannot cleanse the abusive practices or poor conditions pervading the system. The Ombudsman may provide institutional assistance to deal with the issue. Prisons are a provincial subject, but Federal Ombudsman can ensure uniformity in monitoring, reporting, and implementation processes through coordination of Provincial Ombudsmen, who may work with Provincial jail administration through collaborations with NGOs and CBOs. ~ 10 ~ Grievance Commissioner for Federally Administered Tribal Areas The highland forming a belt between the Khyber Pakhtunkhwa province and the Afghan border commonly known as Federally Administered Tribal Areas (FATA) is an integral unit of the federation with a unique governance and adjudication mechanism. Covering a geographical area of over 27,000 square kilometres, only 8% of the area comprises roads, government installations, buildings and offices etc. where the government or political administration can take cognizance of offences while the remaining is non-cognizable territory where the local tribes, through “jirga” system, keep peace and resolve disputes. In line with the above mentioned status, formal and informal justice systems run parallel in the area. Under the formal system, the settlement of criminal and civil disputes takes place in terms of Frontier Crimes Regulations, and hierarchy of courts has been established while disputes originating outside the cognizable area are informally settled by the people themselves according to their “riwaj”, customs and traditions. In 1983, the Federal government and subsequently, in the succeeding years, all the four provinces of the country created Mohtasib/Ombudsman Forums in their respective jurisdictions for redressal of public grievances arising out of mal-administration of federal and provincial government agencies. However, due to constitutional restrictions the Ombudsman system could not be extended to FATA. Recently owing to keen interest and untiring efforts of the Federal Ombudsman, the jurisdiction of Wafaqi Mohtasib (Ombudsman) has been extended to FATA which paved the way for the creation of an office of grievance commissioner for FATA. With a view to operationalize this office; the Wafaqi Mohtasib (Ombudsman) has appointed a Grievance Commissioner and an Associate Grievance Commissioner for FATA. Thus establishment of these offices at the Regional Office, Peshawar provide the locals of FATA with an independent forum where they can lodge their complaints against mal-administration of government agencies and can seek redressal of their grievances on a fast track basis within sixty days. So far 32 complaints were received against FATA administration and all of those were disposed of. These complaints mainly pertained to the non-implementation of Govt. funded projects by the political agents, up-gradation of schools and non-implementation of “jirga” decisions. ~ 11 ~ Grievance Commissioner for Pensioners Wafaqi Mohtasib’s Secretariat has been in constant receipt of complaints from pensioners regarding the mal-administration of Federal Government Agencies in disbursement of pension to them. By and large, the nature of ‘mal-administration’ in disbursement of pension pertains to poor supervisory checks, ineffective record keeping, lack of coordination between government agencies and the delivery institutions, lengthy and cumbersome procedural formalities as well as the absence of any mechanism to protect the interests of the pensioners. In response to this chronically simmering issue and to redress the grievances of senior citizens/pensioners, who have spent the most productive years of their life in public service, Wafaqi Mohtasib appointed Senior Advisor as Grievance Commissioner for pensioners of Federal Government Agencies. Subsequently, the responsibility was assigned to Secretary, Wafaqi Mohtasib Secretariat. The Grievance Commissioner for pensioners not only facilitates the pensioners in sorting out their problems with respective agencies of the federal government but also acts as a watch dog in safeguarding the pensioner’s interest. In the year, 2014 the Grievance Commissioner (Pension) of Wafaqi Mohtasib Secretariat received 1168 complaints out of which 835 were admitted for further investigation. Eventually, relief was provided to 502 complainants, whereas 320 cases were closed or rejected as they were not found to be based on merit or there were technical deficiencies. The Commissioner is also pro-actively trying to bridge the coordination gaps between the pensioners, their parent offices and the disbursement agencies like banks. Ministries like Railways are being encouraged to create pensioner support system and facilitate the sizeable chunk of their pensioners. It is hoped that this newly sown sapling will grow into a full-fledged shady tree to provide protective umbrella to the pensioners in future. ~ 12 ~ Report on the Tragic Road Accident at Khairpur, Sindh A tragic collision took place between a Karachi bound bus, originating from Bahrain in Swat and a truck near Khairpur Sindh in the early hours of Tuesday 11th November 2014. The accident resulted in loss of life of 57 passengers and injuries to 21 others. 2. The Honourable Wafaqi Mohtasib took notice of the incident and ordered suo moto action under the relevant Act. An inquiry committee was constituted by the Honourable Wafaqi Mohtasib on 11.11.2014 consisting of senior members of the Mohtasib Secretariat with following terms of reference:i. To fix responsibility for dereliction in duty, negligence and acts of omission or commission of the concerned departments and their functionaries and ii. To make recommendations to avert the possibility of recurrence of such incidents in the future. 3. The committee examined the incident from various angles, both national and global, such as public transportation issues, existing road infrastructure, vehicle safety issues, public transportation issue, regulation issues and hospital/emergency response situation. After having examined the incident in detail the Committee made following recommendations to the authority concerned to avert possibility of such accidents in future: • Media should raise public awareness on the importance of compliance with legislation and application of individual protective measures for personal safety. • To establish an effective surveillance system for preventing road traffic injuries through planning intervention strategies. • Speed laws should specify a maximum urban speed limit. • Road planners should adopt effective and safe traffic management measures in planning transport and land-use developments. • Health agencies should ensure development of effective emergency medical/services and to provide health promotion road safety programmes. ~ 13 ~ • Road engineers and highway authorities should improve the safety performance of the road network by ensuring that planning, design, construction and maintenance places a high priority on safety outcomes. • To help avoid fast deterioration of the road network, there is a need to enforce strict implementation of Axle load Management Regime in consultation with all stake holders. • There is a need to develop and upgrade the existing setup of R&D for road infrastructure. This will help to address the issues relating to pavement design failures resulting in huge cost to the national exchequer. This may be taken up by NHA by involving Academia and all Provincial Road Department. • Issues relating to capacity building of Contractors and Consultants be addressed i.e. laws and regulations governing these stakeholders need to be reviewed for which PEC should play the lead role in consultation with all stakeholders. • Short, Medium and Long term Plans be developed for up gradation of road infrastructure after due consultations and deliberations. Sanctity of such plans be ensured. • There is a need to establish a monitoring authority for motorways and highways with the mandate to ensure that internationally accepted bare minimum quality standards are implemented. ~ 14 ~ Report on Central Directorate of National Savings A number of public complaints were registered in various offices of the Federal Ombudsman, nationwide, in which inefficiency, delay, non-payment of correct profit and unjust deduction of Zakat were alleged in service delivery by the Central Directorate of National Savings (CDNS). The situation indicated that there are certain endemic issues that need to be studied and rectified to improve performance of CDNS. The areas of concern identified were: i. Calculation/payment of profit. ii. Unjust deduction of Zakat and withholding tax. iii. Inordinate delay in processing. iv. Largely manual operations. v. Cash based accounting system. vi. Shortage of manpower. vii. Long queues of account holders and lack of facilities. 2. In order to address these concerns, the Hon’ble Wafaqi Mohtasib being empowered under Article 18 of the President’s Order No.1 of 1983, constituted a Committee to study the causes of allegations and the issues being faced by the public as identified in their complaints and recommend remedial measure to rectify systemic weaknesses and improve service delivery of CDNS in fulfillment of its mandate and to the satisfaction of clients so that the public complaints against the organization are minimized. The Committee after extensive discussions and study of the situation made several recommendations to Directorate for bringing the required improvement. Major recommendations are as under:• New/revised schedule of profit rates on various Schemes should be prominently displayed and affixed on the Certificates at the time of issuance. • Policy that the Zakat Declaration has to be separately filed for individual NSC must be publicized and prominently displayed. • The NSCs being acutely understaffed, the organizational strength and structure should be modified to bring it in conformity with the professional needs. ~ 15 ~ • The sense of despondency and frustration prevailing in the organization must be lifted by treating it at power with other financial institutions in terms of emoluments and other benefits. • Attention must be paid on training and career planning to improve prospects and retain the efficient and prune the dead wood. • The general maintenance of NSC being of poor standard with acute deficiency of amenities and furniture, immediate steps must be taken to ameliorate their conditions. • Introduction of Automation and efficient MIS for better internal control. • Complete computerization of operations /accounts and online networking of all centers. • Payment of profit through using ATM Cards should be introduced. • The staff position and physical features in the centers should also be improved. • Public- education initiative through awareness campaign of salient features and rules governing respective schemes should be undertaken. • For remedy of complaints like refund of wrongly deducted Zakat the existing mechanism should be simplified for their resolution at the level of Regional Office and the concerned NSC. ~ 16 ~ Report on National Database and Registration Authority Citizenship is the status of a person recognized under the custom or law as being a member of a state. Nationality is often used as a synonym for citizenship in English. Aristotle stated that a citizen is one who is born from two citizens and the virtue of a good citizen is to know/capacity both to rule and be ruled. Laws and Rules which mainly governs the citizenship in Pakistan are: • Pakistan Citizenship Act 1951 and Pakistan Citizenship Rules 1952. Historical Background • After the freedom of Pakistan, Prime Minister Liaquat Ali Khan tossed the Personal Identity System (PIS) program to register, manage and issue all national identification cards to the citizens of Pakistan and Muslim refugees settled down in Pakistan. • Directorate General of Registration Pakistan, a department created under the 1973 constitution, with the National Database Organization (NDO), an attached department under the Ministry of Interior, Government of Pakistan. • National Database and Registration Authority (NADRA) was established on March 10, 2000 under the legal shelter of “The National Database and Registration Authority Ordinance, 2000”, by merging Directorate General of Registration Pakistan and National Database Organization (NDO) with a clear mandate to facilitate the registration of all persons, establishment and maintenance of multipurpose databases, data warehouses, networking, interfacing of databases and related facilities. 2. NADRA launched the Multi-Biometric National Identity Card project developed in conformance with international security documentation issuance practices in the year 2000.. This new organization aimed at overcoming the problems of previous regime, ranging from issues of unavailability and disintegration of quality data to political interference. 3. NADRA is the largest semi-government IT based organization of Pakistan aiming at to become self-sustaining organization. During the last few years, this organization has expanded its product base from Computerized Identity Card to a list of other value added products. The rationale behind the creation of NADRA was to develop: A National Data Warehouse, A National Information Infrastructure for online, nationwide access to the National Data Warehouse, A National Spatial Data Warehouse Infrastructure to set up a comprehensive geographic and land information system and National Identity Documents for all citizens and non-citizens resident in Pakistan. ~ 17 ~ Model Base of NADRA 4. The NADRA has applied Kotter’s 8 steps change model which is applicable to a wide range of organizations ranging from sovereign national organization to competitive multinational corporations, aiming at implementation of successful process of change. Endemic Issues, Identification & Solution 5. NADRA not only takes pride in producing the Computerized National ID Card of Pakistan but also in producing the World’s first Machine Readable Multi-Biometric Electronic Passport. The academic discussion has although authenticated that NADRA has full flawless system in order for its operation, however still people are facing problem with regards to infringement of their legal rights which should be redressed. Training of Staff • Placement of Information Officer at every center. • Display of detail Fee chart alongwith documentation process. • The citizen’s access to the office of Centre In-charge. • Mechanism of complaint resolution system at each District. Linkage of Data with U.Cs 6. There should be a well-connected data base between the NADRA and Union Council to check Birth, Death & English marriage certificate. Processing of Dup Cases, Steps Suggested for Public Convenience 7. NADRA has well-developed I.T system with regards to obstruction in processing of the 2nd CNIC of a citizen. • Information to the citizen in writing with the clear observations and fee plan under the SOP for declining the right of CNIC. • The SOP of the Agency should be reviewed by as the DUP fee of 10,000 appears to be exorbitant especially for the low paid and widows etc. Spot Verification • Placement of designated Officer who should be well conversant with NADRA laws / SOP, preferably an officer having law background. • Spot verification should clearly be marked with time frame under intimation to the claimant. ~ 18 ~ Fraud Mark Cases • Prior notice to mark these cases in Fraud category by giving an opportunity to be heard from the other side. • Marking of Fraud cases should not be dealt single handedly, rather by a Board having law officers. • Deferred case on account of spot verification should be given clear time frame to be adopted by the vigilance department of NADRA. Mechanism for Mobile Vans • Placement of Relationship officer to deal the citizens. • Well trained staff to undertake the job through such mobile vans for processing the CNICs, preferably a local inhabitant. • The card so processed through mobile vans should give a suitable date to the applicant to collect the card from nearest NADRA center or to send through registered mail and NADRA should get the acknowledgement duly signed by the CNIC holder with date, time and means of receiving. Features of Smart Card • • The Smart card’s feature should be displayed separately for the free will of citizen. The Authority should clearly display the processing fee structure in normal and smart card. Conclusion 8. NADRA is one of the few companies in the world to have the synergy, experience and expertise to successfully design and implement extremely large sized projects that involve data acquisition from large populations belonging to geographically dispersed locations, data transfer over multiple backbone and last mile technologies, data warehousing, data mining and secure printing. 9. In addition to the discussion of issues and recommendation, the NADRA should re visit it’s over all operations, technical expertise and HR with regards to :• • • • • Transparency Efficiency Customer Service Customer Facilitation Professionalism 10. To adhere to the recommendation made in preceding discussion, a system can be devised which can not only facilitate the citizens of Pakistan but also can reduce the number of cases in court and other forums. ~ 19 ~ Report on Reforms in the Pension System of Pakistan Railways A pensioner, an employee of Pakistan Railways met tragic death while pleading for release of his pension, withheld by the department on certain unresolved administrative issues. The tragic incident was reported by the press giving background of the case. The Hon’ble Federal Ombudsman took cognizance of the reported incident and constituted a Committee to look into the matter of inordinate delay in finalization of pension cases by the department and suggest measures for improving the system. 2. The Committee accordingly conducted detailed study of the prevailing practice in the department and recommended a number of measures for streamlining the procedure for timely release of pension to retiring employees. Some of the major recommendations make by the Committee are as under:i. ii. iii. iv. v. vi. vii. viii. ix. x. xi. The Agency shall maintain a computerized list showing the dates of retirement of all their officers and staff who are due to retire within a financial year and review progress of those cases on quarterly basis. Head of Department for officers in BS-16 and above and Head of Office for BS 1-15 shall monitor and ensure fast track completion of service records and their entries in computerized system. Focal persons within the Agency, not below Bs-20, with support staff shall be appointed to exclusively monitor and resolve pension matters immediately. Keep the pensioner updated with regard to his pension case through communication with him at least three months before his date of retirement. Within Wafaqi Mohtasib’s Secretariat, an Advisor shall be appointed as the focal person to promptly attend to complaints relating to pension. Computerized service record of all employees including entering the service books in the system shall be started and completed by 31st December 2014. Switchover from manual to system-based pension payment i.e. direct monthly credit to pensioner’s bank account and withdrawal through ATM shall be made within the financial year 2014-15. The Agency shall adopt a decentralized system for processing pension cases. In order to curb corrupt practices, the Agency shall process the pension cases in an open/transparent manner. All ministries/divisions/departments must follow the guidelines given in “A Manual of Pension Procedures” issued by PPARC, Establishment Division in 2006. The General Manager, Pakistan Railways or the CEO if any, at a later stage shall be personally responsible to ensure implementation and compliance of these instructions. ~ 20 ~ Grievance Commissioner for Civic Agencies There have been a large number of complaints against Capital Development Authority, which is premier civic and development body of our national capital. Over the years, malfunctioning, corruption, and inefficiencies had increased. The Honourable Wafaqi Mohtasib therefore, decided to appoint a Grievance Commissioner for CDA. While the Federal Ombudsman continued to deal with individual complaints and provide relief where due, the Grievance Commissioner carried out a thorough study of the CDA, the analysis of the complaints against it over the past few years, and its structural weaknesses so that a reform agenda could be developed. A Citizens’ Forum was organized, participated by all sections of civil society including former Chairmen and members of the CDA, retired civil servants, and representatives from the private sector, business community, media, and a group of actual complainants. This was a very useful exercise where participants felt recognized in this important endeavor. 2. In this study, key officers, both former and present, were interviewed and after a number of meetings and briefings, a reform agenda has been developed for CDA. Due care has been taken to touch upon all important aspects of the working of CDA which impact all people as well as to study the institutional and structural issues with inter-linkage to the overall performance of the organization. 3. In this exercise, the Grievance Commissioner planned two initiatives: i) A roundtable of Public Health experts and affected citizens for drafting a strategy and a roadmap for dealing with pollen allergy in Islamabad. ii) Constituting advisory bodies for major parks in Islamabad. Neglect and poor maintenance of these parks has been highlighted over and over again. Advisory Committees comprising of concerned citizens would help CDA Directorate on Parks to improve maintenance. Nature of CDA Complaints 4. Capital Development Authority is responsible for providing efficient civic amenities to the residents of Islamabad. However, with growing needs of urbanization and challenges due to increase in population, the Authority had invoked all its efforts to meet the requirements of the city but a lot is still needed, to make Islamabad a model city. In the complaints received in this Secretariat against CDA, complainants had shown concern in the following areas: ~ 21 ~ • Non-Provision of Proper Facilities of Infrastructure in G-13 and Other Sectors of Islamabad. • Non-Development of Flats Scheme in Sector I-15 and Non-Refund of Money Deposited by the allottees of these Flats. • Improper Supply of Water. • Ensuring Availability of Clean Drinking Water. • Non-Conforming Use of Residential as well as Commercial Premises in Islamabad. • Sanitation and Waste Management Problems. • Obsolete Sewerage System. • Repair and Maintenance of Government Accommodation. • Acquisition of Land and Payment of Compensation. • Poor State of Street Lights. 5. The approach of the Grievance Commissioner has been to work with the management of the CDA to deal with and propose solutions to systemic failures leading to hundreds of complaints. He can intermediate between the citizens and the organization in view of his vast experience in public service and in the process, develop feasible proposals. This can be ongoing activity helping the CDA to come up to the expectations of the people of Islamabad. 6. The recommendations are quite wide-ranging and address both the root causes of the malady and the symptoms affecting people. It is hoped that this report would be reviewed, in the spirit in which it was drafted, to improve the organizational health of CDA. Therefore, Wafaqi Mohtasib Secretariat looks forward to valuable input from ministries/decision makers. ~ 22 ~ Report on Measles Outbreak in Pakistan Pakistan witnessed measles outbreak/epidemic (particularly in the province of Sindh) and from January 2012 to 2nd February 2013, 19,048 suspected measles cases with 463 deaths of children were reported throughout the country. Most of these cases were reported during the last quarter of 2012. Compared to the trends of previous years, it was an alarming situation which required immediate attention of the government both at Federal and Provincial levels. Obviously, the concerned functionaries of the Federal and Provincial Governments connected with the entire EPI programme were somewhere guilty of neglect, inattention and delay in performance of their functions which resulted in the unfortunate casualties. 2. The above mal-functioning and negligence of the government departments and their functionaries was brought to the notice of the Wafaqi Mohtasib by both print and electronic media as well as the national and provincial policy makers. Being a matter of grave concern resulting from neglect, inattention and delay on the part of government departments and their functionaries, it amounted to maladministration in terms of Article 2(2) of the Establishment of the office of Wafaqi Mohtasib (Ombudsman) Order, 1983. The Wafaqi Mohtasib took cognizance of the matter of his own motion under Article 9(1) of the above law and constituted a committee under the chairmanship of Justice (R) Muhammad Raza Khan, Advisor to the Wafaqi Mohtasib to investigate into the matter with the following Terms of Reference (TORs):a) to determine the causes of outbreak of measles throughout Pakistan. b) to fix the responsibility of the concerned government departments and their functionaries for their failure to procure measles vaccine, immunize children throughout the country well in time and to recommend appropriate action against the delinquents, and c) to make appropriate recommendations to avert possibility of such epidemic, in future. 3. The Committee conducted a number of meetings in which prominent public health and medical experts and representatives of UNICEF and WHO in Pakistan were invited to furnish their views on the subject. Functionaries of Ministry of IPC, including its present and former Secretaries, officials of the Federal EPI Programme and the office of AGPR, Islamabad were also associated during the course of these meetings. All provincial Health Secretaries and their respective EPI heads were also invited to the meetings of the Committee to furnish their viewpoints. Such views provided by the provincial governments or their representatives have also been incorporated in the report. Documents in support of the contention of the participants were also obtained from Ministry of IPC, AGPR and provincial governments and were added to the report. The reports from independent sources like UNICEF, WHO, USAID, World Bank and Agha Khan University, ~ 23 ~ National Institute of Health (NIH), Islamabad and Pakistan Medical Research Council (PMRC), Islamabad were also considered and their views incorporated in the report. Findings 4. In view of the evidence brought on record and duly discussed in this report, there is general consensus that the most important cause of the Measles‟ outbreak is the deterioration in, and failure of, routine EPI system in Pakistan. This failure is evident in the low immunization coverage achieved to date. There is a wide discrepancy between reported coverage and assessed coverage (WHO, UNICEF and Third Party surveys). The evidence further shows that the Cold Chain is in a state of disrepair, which means that there is no surety about the quality and efficacy of the vaccine, even if it is procured in time. Electricity breakdowns are also responsible for the adverse situation. Floods and natural disasters during the last 3 years also played their part. There is insufficient investment going into EPI infrastructure at provincial levels. Most of the trained manpower is diverted to Polio Campaigns which has caused neglect in tackling other diseases like Measles, then there is no monitoring and evaluation system which can be described as reliable or effective. The surveillance system is extremely fragmented and unreliable. It is unable to furnish signals, alarms or alerts in a systematic manner to the health managers. This explains why the outbreak gets reported in the media first and is not captured by the system itself. The views of WHO, UNICEF and USAID have been separately brought on record. The opinions of professionals and specialists have also been elicited. All concur on one point, i.e. unless the quality and efficacy of EPI system is drastically improved and coverage of over 90% achieved in all the provinces, there will be no let-up in outbreaks and epidemics, not only of Measles but also of other vaccine-preventable childhood diseases. 5. Some of the major reasons identified by the committee for measles outbreak have been inadequate response in the wake of flood and disasters hitting northern districts of Sindh, absence of quality control system for all child related vaccines, non availability of vaccine at the grass root level and inadequacies in the system. These factors coupled with the vacillating policies regarding vaccine procurement after implementation of the 18th Amendment, resulted in the crisis situation. The way in which the issues of vaccine procurement have been handled since the 18th Amendment, has created instability in the EPI regime itself. Insecurity of the EPI related staff faced in 2012 also seriously affected vaccine administration in the year, particularly in the provinces of KPK, Balochistan and in Karachi. Finally, bureaucratic apathy in terms of delay in meeting requirements of programme to operationalize it in the field also added some fuel to the fire and needs to be taken cognizance of strictly to avoid problems in the sensitive matter of child health services. 6. Based upon the deliberations of the committee and inputs provided by the resource persons, health and medical experts/ institutions, following recommendations are made: ~ 24 ~ (i) In order to ensure effective coordination and integration of health related functions which are retained at the federal level in four different Ministries/Divisions after devolution, it is imperative that all these functions/services should be merged at the federal level and placed under a separate single Division namely Public Health Services Coordination Division headed by an independent Federal Secretary. Alternatively these functions may be placed under a Federal Health Services Commission headed by a full time Chairman with the status of a Federal Minister. (ii) At the Federal level, there should be an EPI Council headed by the Prime Minister with Minister Public Health, Chief Ministers and Provincial Ministers of Health as its members to review progress of the routine EPI, disease surveillance and coverage of the vaccination programme on a quarterly basis. (iii) There should also be an EPI Cell in the Prime Minister‟s office to coordinate vaccination activities throughout the country. (iv) For the purposes of strengthening and support of all Public Health Programmes (vertical programmes including EPI), there should be a nucleus/set up headed by Secretary Public Health Services Coordination Division or Federal Health Services Commission which would coordinate with the provinces and the donor community (WHO, UNICEF and UNFPA etc.) and track of MDGs relating to health. (v) At the provincial level, there should be similar set up at the Chief Minister's level with the Department of Health coordinating with the District offices and the Federal Government. (vi) In order to maintain its integrity, the management, maintenance and repair of coldchain equipment may be outsourced on competitive basis with detailed TOR for outsourcing including penalty clauses in case the assigned tasks are not met. It is our considered view that cold chain in the public sector cannot be relied upon for several reasons including funding and management issues. (vii) Operational Control of EPI Programme at the district level may be placed under the operational control of Deputy Commissioner of the district/DCO for effective and efficient supervision and monitoring. (viii) Given the present circumstances, the UNICEF mechanism should be considered for adoption of EPI vaccine procurement. (ix) The recommendation of PPRA Board to grant exemption to the Ministry of IPC for procurement of EPI vaccine under Section 21 of the PPRA Ordinance needs to be carried to its logical conclusion at top speed. ~ 25 ~ (x) Appropriate action under the rules may also be initiated against the officers/officials of the Ministry of IPC for not taking PPRA resolution dated 24.01.2012 to its logical end. (xi) Disciplinary action may also be initiated against the relevant functionaries of the Ministry of IPC and AGPR for causing inordinate delay in making payment to the suppliers before the deadline of 31-12-2012 which resulted in expiry of their cost estimates for procurement of measles vaccine. (xii) Integration of vaccine logistics into LMIS (Logistics Management Information System) should be ensured which is supposed to be operative in 143 districts with USAID assistance. (xiii) A credible health surveillance system based on active surveillance strategy and not on the current passive surveillance strategy should also be established. (xvi) Urgent legislation for compulsory EPI vaccination ensuring citizens‟ responsibility for compliance is needed. The legislation should focus on defaulter parent instead of defaulter child. Thus, inter-alia, school enrolment should be linked to prior vaccination evidence. 7. It is expected that above recommendations would go a long way in elimination of not only measles but also provide guidelines for tackling other vaccine preventable diseases in the country. ~ 26 ~ Report on State Life Insurance Corporation of Pakistan In view of the growing complainants regarding settlement of insurance claims, the Hon’ble Wafaqi Mohtasib constituted a committee to look into the affairs of State Life Insurance Corporation of Pakistan and recommended remedial measures. 2. The Committee was constituted with the following terms of reference: i. To identify maladministration in cases related to death claims, revival of the policies and payment of surrendered values. ii. To probe into the causes of alleged delays while dealing with the aforementioned cases. iii. To trace the overall deficiencies in the system. iv. To make recommendations and suggest remedial measured so as to bring about improvement in the identified areas as aforesaid. 3. The Committee accordingly held detailed meetings with the State Life officials and studied the overall operations of the Agency, specially portions related to life insurance. It was noticed during the investigation that delay in settlement of claims was routine phenomenon, and times running into years. The reasons for delay are attributed to investigations, submission of claims, making of nominations and submission of submission of succession certificates. It was also observed that attitude of the Agency towards processing of death claims was generally not sympathetic. The quality of investigation was generally found to be very poor and there was no laid out qualification or selection criteria for claim investigators. The Committee after detailed study made following recommendations to improve efficiency and public dealings of the Agency:• All forms, particularly death claim forms should be simplified. • There should be separate forms for claims for normal and unnatural deaths and the claims to be processed by separate teams. • The quality of investigation should be improved and claim examiners should be trained to conduct the inquiry in more specific and concise way. Hearsay evidences and concrete evidences should clearly be separated. • For any repudiation, there must be concrete evidences which clearly go back to preinsurance period. There must be treatment recoup of pre-insurance time and not the history based findings. • It is a usual finding that repudiation is based on the history of Diabetes and Hypertension without considering the relation of cause of death and these ailments. ~ 27 ~ These ailments are not considered as a Disease in general and it is very difficult to ascertain after death that the concealment of this fact was willful ignorance, or nondetection. • The issue of succession and guardian ship certificate is worth considering but it is beyond the Agency boundaries as it involves the claimant and the court of laws. • The premium collection system must be on line and any payment received either cash or cheque should immediately be credited to the account of policy holder. • The dishonored cheque should immediately be informed to the concerned policy holder. • The processing of the surrender application must be prompt and procedural delays must be minimized. • There must be at least some basic medical tests to rule out common ailments like Diabetes and Hypertension which are the basis of repudiation by the Agency. • There must be a vigilant monitoring of all the medical service providers and they should be paid appropriate charges. There must be a committee of senior officials and in house doctors for their appointment or termination. • The delivery of policy documents should be within the institutional statutory time frame. • The policy stamp duty should be same for whole country as the Agency is a federally administered corporation and the disparity in rates should be taken up with the respective Board of Revenue of each province. • Processing of maturity claims must be very prompt and procedural delays should be eliminated. The policy holder should not be penalized for loss of policy record in the office as it is the sole responsibility of the Agency to keep the same in safe custody for the whole term. • The minimum qualification for agent must not be less than Bachelor’s Degree and there training courses should be structured as per latest curriculum and emphasis should be made to adopt ethical practices while securing business. • The agents should be made equally responsible for any fraudulent claims. • The Corporation must go for advanced computerization and technology as most of the delays are due to manual processing which is time consuming. It should put its system on-line so that policy holder may know his policy status. • The Corporation web site must be equipped with all necessary information such as having facility of sending applications for loan, surrender, death and maturity claims. • The Executive Directors and the Chairman are appointed by the Government of Pakistan. It is, therefore, recommended that such appointments must be made as per SECP criterion and professional standards. ~ 28 ~ Report on Delay in Issuance of Machine Readable Passports During the first half of 2013 people have been facing great hardship in the issuance of passports. There were extra-ordinary delays, and people with urgent need like patients going abroad for treatment, students seeking admission in foreign universities, some wanting work visas and many others with genuine needs, were going from pillar to post to get their passports. Thousands had paid urgent fees but had been waiting for months without success. 2. The problem remained un-addressed by the government agencies and a crisis situation emerged. This situation was exploited by vested interests and passport offices in the country. These elements provided passports to those who paid extra charges and thousands of applicants were forced to provide illegal gratification. The “tout” mafia which had been prevalent for many years took full advantage of this acute shortage, and started making millions from the distressful common citizens, patients, students etc. As the situation worsened over weeks and months, both the press and the electronic media highlighted the plight of people in their programmes and features. 3. When government agencies failed to take any corrective measures to provide relief, Honourable Wafaqi Mohtasib was compelled to take a Suo Moto notice of this situation and constituted a Committee to look into the affairs of the Agency and suggest remedial measures. 4. The committee considered the following issues in light of the TORs:• The extent of maladministration, corruption and mismanagement. • Causes of delays in the awarding of contracts for passport material. • Overall deficiencies in the issuance of passport system. • Reform for streamlining the system and removal of deficiencies, corruption and mismanagement in the department. Recommendations 5. The committee prepared two volumes of cases of delay in the issuance of Machine Readable Passports, the following recommendations. i. There is clear evidence of corrupt practices involving elements at various levels. It requires a thorough probe by NAB to establish criminality and prosecute the culprits. This proposal is supported by the former as well as the present Secretary Interior and DGs. ~ 29 ~ ii. The Establishment of a Passport and Immigration Authority on the pattern of NADRA, as supported by the Directorate and Interior Division, is a durable and feasible solution. iii. Board of Directors of this Authority should include officer not below/BS-21, belonging to Ministries of Interior, Foreign Affairs, Overseas Pakistanis and Finance. It must be autonomous, financially and administratively and empowered to take decisions and work on professional lines. 6. The committee was of the firm view that those applicants who had paid urgent fees, but were not provided passports within the prescribed period deserve refund of the difference. The Interior Division in consultation with Finance Division should immediately work out a simple procedure of refund. This is the minimum, which the troubled people deserved for their undue and acute hardship. ~ 30 ~ Notifications of the Committees ~ 31 ~ ~ 32 ~ ~ 33 ~ ~ 34 ~
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