by Sarath Wijesinghe, President’s Counsel, President, Ambassadors’ Forum in the UK, Former Ambassador for Sri Lanka to the United Arab Emirates, and Israel.
Ombudsman is an institution, concept prevailing all over the world as an institution for arbitration, settlement, reconciliation and resolution of disputes among parties with least expenditure and more credibility, impartiality and impact, which is used and applied mainly in the USA, UK, Commonwealth of Nations, India, but not in Sri Lanka. The concept has arisen initially in China and incidentally in Sri Lanka under our kings with a position of Dukgannarala”.
A person or persons appointed by the king for resolution of disputes amicably that has spread all over the world today. There are ombudsmen in all states in USA in many subjects and institutions such as law, health and consumer and many other areas worldwide mainly in USA, UK, Europe and in India. In Sri Lanka Consumer Affairs Authority is established in 2003 with many hopes, aspirations and plans including redress to consumer which unfortunately is dormant and inactive. In the present context when the world is moving with modern platforms and online transactions which are not considered in Sri Lanka though being used by Sri Lankans without any regulations.
In Sri Lanka, litigation is extremely expensive. In other countries there is legal aid available and also simple processes of settlement of disputes without lawyers and by arbitration. There is a large backlog of thousands of undecided cases in Sri Lanka, to be resolved in many areas and the concept of ombudsman will be an answer which will act as an arbitrator or a consulate in resolving disputes in all the areas the government should have taken notice of. In the circumstances the Ombudsman and consumer sites have come forward to set up an institution on Ombudsman in UK and Sri Lanka in order to serve the Sri Lankan community for consumers’ grievances as well as all the other areas, in addition to other fields. Mr. Duminda Gunathillake Senior Solicitor in the UK who is the General Secretary of the Ambassadors’ Forum has come forward to set up the institution in the UK and Sri Lanka with the constitution and regulations and working arrangements with two centers in UK and Sri Lanka for implementation which is a difficult and challenging task. Finding the correct persons to be the Consumer Ombudsman and the Head of the Secretariate is equally challenging and the good news is that the Ambassadors Forum has now found two reputed learned, committed, personalities who will serve the nation. This will give an opportunity for the companies, consumers and the governance to make use of this institution for resolution of their disputes with least efforts and expenditure.
The companies seeking redress will apply to the Ombudsman for redress and the expenses are to be shared on administration and other matters with no profit. This will be operating as an arbitration process in other countries which will be effective depending on the credibility, responsibility and the recognition of the appointing institution and persons appointed on whom the citizen will have enormous trust upon.
Now that the process is initiated there will be an opportunity for those interested to discuss matters at the Organization of Professional Associations sometime in September along with the Financial Ombudsman, the Insurance Ombudsman and Consumer Ombudsman on the same platform to launch the operations of this novel and innovative concept.
This system is operating with our closest neighbour India very well, with the corporation the judiciary which is in favour of public interest litigation initiated by the former Chief Justice Bhagawathy who was the leading personality on this concept spread all over including Sri Lanka at present. Now the good news is that in Sri Lanka public litigation and fundamental rights is developing fast with new concepts, controversial case laws and with the help of Sri Lankan judiciary who fortunately are in favour of public interest litigation for the citizen. But unfortunately, Legal Aid Commission that was active sometime back is inactive today and it is time for the Bar Association and Ministry of Justice to reactivate The Legal Aid Commission that will enable citizens to have access to the law and backlog of cases.
Ombudsman system will be a great inroad to the process and it is the duty of the government, non government organizations and citizens to get together to promote it. In the circumstances the Ambassadors Forum urges the concerned citizens and organizations to rally around the concept and the process and be in touch with the administration to discuss matters at the OPA sometime in September. It is encouraging that the Association of Sri Lankan Lawyers in the UK, Sri Lankan Professionals in the UK, Bar Association of Sri Lanka and Organization of Professional Associations is a part of the process.
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