For Elton Georges, the key element of any effective ombudsman’s office is independence.

Independence, the former complaints commissioner explained, allows the office to fulfil its responsibility as watchdog for good governance by investigating complaints against government officials and agencies.

Mr. Georges expressed this sentiment while guest speaking at a Caribbean Ombudsman Association conference in Bonaire this month. While there, he was named one of the association’s honorary members.

The former deputy governor served as the territory’s complaints commissioner — the Virgin Islands equivalent of an ombudsman — from the office’s formation in 2009 until 2015, when Sheila Brathwaite took over.

In addition to fielding and investigating different complaints, the CC is responsible for issuing reports and recommendations based on its investigations.

For small island nations like the VI, however, such a position can come with a host of challenges.

Issues

During his speech, Mr. Georges broke down several of the common threats to an ombudsman’s independence, some of which apply in the VI.

First, he said, jurisdictions need their laws to effectively support the office’s mandate and need for autonomy.

The VI’s 2007 Constitution does provide this to the local commissioner, mandating that the CC should not receive direction from other authorities while performing its functions.

However, that provision does not necessarily ensure an effective office, Mr. Georges explained.

“To say that and make it practical are another thing,” he said.

Short-term appointments often hamper commissioners in the region. The International Ombudsman Institute recommends a term of at least five years, according to Mr. Georges.

“It supports independence because this person isn’t looking over their own shoulder and saying, ‘Well, my time is up; I’ve got to reapply,’” he said.

Mr. Georges added that it is “unfortunate” that local laws do not mandate a fixed term for the VI commissioner.

Ms. Brathwaite, for example, was given a one-year contract when she took over from Mr. Georges in the summer of 2015. Then, the following summer, her contract was extended for two more years.

In addition to longer terms, most ombudsmen in the region also need more resources, according to the former commissioner.

“A reasonable amount of resources — as well as direct control over those resources — are also necessary for an effective ombudsman,” Mr. Georges said.

Ms. Brathwaite did not attend the regional conference due to budgetary constraints, she said.

Enforcement

Regionally, ombudsmen usually lack the teeth necessary to enforce their recommendations, according to Mr. Georges. Though the VI commissioner can subpoena information in pursuit of an investigation, she cannot force any agency to adopt a measure, he explained.

“If after a reasonable time the executive [who was investigated] does not comply with the recommendations, then the ombudsman’s only recourse is to send a special report on the matter to the House of Assembly,” he said.

However, that recourse is not very effective in the Caribbean, Mr. Georges explained. The exception to this trend is the Cayman Islands, which has a legislative committee devoted to examining those reports, he said, noting that he recommended establishing such a committee in the VI multiple times.

Politics

Mr. Georges also said politicians around the region sometimes dilute the effectiveness of ombudsman offices.

They do through so various methods, including affecting the hiring processes.

“That is a challenge: When the short-term interests of politics get too much of a say in the appointment,” Mr. Georges explained. “That has been happening around the region — clearly in many cases.”

Caribbean politicians have also been known to frustrate ongoing investigations, a problem that happens in the VI, according to Mr. Georges.

“There are some officials who are cooperative,” he said. “And then there are others who really stall and put you off and are forever coming up with excuses. … You just have to be very persistent and very resolute and, if necessary, you use your investigative powers.”

Though Mr. Georges said he was never forced to subpoena politicians, he sometimes had to remind them of his authority to do so.

The former commissioner also said some government officials claimed to have lost the documents he was searching for.

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