In Norway the call for an ombudsman for public administration was put forward in political circles shortly after WWII, partly against the background of the rapid developments in public administration and in the public sector as a whole. But it was in the Norwegian. defence that the first Norwegian ombudsman was established through a parliamentary resolution of 21 April 1952. An important principle regarding where the ombudsman was to function was clarified during the preceding debate in the national assembly. The government and the Ministry of Defence had proposed that the ombudsman be directly subordinate to the Ministry. But they were obliged to bow to the will of the people's representatives who wished to give the ombudsman a freer position. Thus, it is the Storting, the national assembly, that selects the ombudsman for the defence and the committee of which he is chairman.

A good four years later, in November 1956, an ombudsman was appointed for conscientious objectors. However, as early as 1953 the chairman of the Storting Standing Committee on Justice, Lars Ramndal, tabled a private bill proposing the establishment of a Storting ombudsman for public administration. This led to a closer study of the issue, and a proposal to establish such an ombudsman was sanctioned in June 1962. It is implicit in the title of the bill that the Storting ombudsman for public administration is to be regarded as a representative for the country's highest parliamentary organ, the Storting, with the freedom and independence this implies vis-a-vis the administration which he is to oversee.

In the course of the 1970s and early 1980s, an additional three ombudsmen were established. These were the consumer ombudsman, the ombudsman for equal status and the ombudsman for children. A number of new organs such as the Data Inspectorate and the Banking, Insurance and Securities Commission also have functions which involve elements of ombudsman character, but with the emphasis on executive practice in enforcing laws, which in reality gives them more of an administrative role. All ombudsmen are appointed for a term of years, and their term can be extended. At regional levels a number of counties have established their own ombudsman for patients with responsibility for the rights and complaints of hospitalized patients or persons receiving medical treatment. In latter years, a considerable rise in compensation for malpractice has made such ombudsmen schemes even more important.

An arrangement involving a special ombudsman for the elderly which had received state economic support was dropped in 1994 when funding ceased. However, the development of the ombudsman arrangement in different areas indicates that is has won considerable recognition in Norwegian state management and administration.

Parliamentary and administrative leadership

Out of the total of six state ombudsmen, the three first were established as institutions subordinate to the Storting and the parliamentary organs. The last three are formally a part of state administration, but they have the freedom and authority to present their viewpoints on issues which are brought before them or which the ombudsmen themselves wish to bring to attention.

The ombudsman for consumer affairs was appointed under the terms of the Marketing Control Act of June 1972. A marketing Council of nine members is also selected. The ombudsman for consumer affairs is appointed by the king in council, and must work in accordance with special instructions.

The equal status ombudsman was established through legislation passed in June 1978. He too is appointed by the king in council. The king also appoints an Equal Status Council with the number of members decided by the Storting, and a review board consisting of seven members, where the main employee and employer organisations are represented.

The children's ombudsman, established through legislation adopted in March 1981, is also appointed by the king and works in accordance with instructions laid down in an Order in Council of September 1981,.

The leaders of the three most recent of the Norwegian state ombudsman institutions are appointed by the king in council. Technically, therefore, they function more as parts of the state administration. But their working instructions and the apparatus they control gives them freedom to issue statements and to take initiatives which put them, in practice, on a par with the ombudsmen who are directly subordinate to the Storting.

A distinguishing characteristic of the ombudsmen is that they have only limited opportunities for making direct decisions on an issue. Their function is to make recommendations, assessments and criticisms which the relevant public bodies will presumably take note of and voluntarily comply with. Admittedly, this can vary considerably in practice in the various sectors, as some of the ombudsman practices illustrate. Similarly, the role of the ombudsman for children involves a more direct and active approach to the job than that of the ombudsman for public administration. The ombudsman for consumer affairs also works more extensively with the public, etc.

The role of the ombudsmen

The ombudsman for defence

This was the first of the ombudsmen, established when defence activities and recruitment to the armed forces reached a level that necessitated measures to secure both the well-being of the individual soldier and a system for dealing with conflicts. The ombudsman heads a council which originally consisted of five members when it was established in 1952, but which was increased to seven in 1956. In that year, an ombudsman for conscientious objectors was appointed and it was consequently decided that the ombudsman for these two sectors was to be the same person with the same seven-member council.

The defence ombudsman's primary concerns are general welfare, leave of absence and appointments, information and training for all ranks, and the practical implementation of military service and preparedness. Most of the complaints come from individual soldiers. In 1992, 86 new cases as well as a few older cases were dealt with by the ombudsman. Out of 100 cases which were completed in 1992, 38 of them ended in the favor of the complainant. Although only about 1 per cent of the soldiers in the Norwegian defence are women, their presence has given the ombudsman new issues to tackle. In 1992, four cases were raised by women. The ombudsman's report also indicates that the use of disciplinary action has been sharply reduced in the defence in the past decade. Among the more general initiatives taken by ombudsman was a recommendation to bolster the health service for Norwegian UN soldiers and to improve the controls of candidates who are being selected for UN service.

According to the ombudsman, many of the conflicts are solved simply through telephone contact to the parties involved, without any formal registration of the matter. A trend involving a rise in the number of so-called social cases appears to have been reversed. The defence ombudsman also receives a few cases which are passed on to the ombudsman for public administration and occasionally also to other public ombudsmen.

The ombudsman system is now firmly established and through its almost 40 years of existence it has played a central role in solving conflicts and maintaining an atmosphere of openness and trust within the various sectors of the defence.

The ombudsman for conscientious objectors

The establishment of an ombudsman for conscientious objectors was effected through a Storting resolution on 23 November 1956. The council for the ombudsman has in recent years processed between 2,000 and 2,500 applications for transfer to civilian service. Between 15 and 20 per cent of applications are rejected. During the last ten years upwards of 600 recruits have carried out compulsory civilian service.

The ombudsman for conscientious objectors receives a relatively large number of complaints of a social and economic character. These concern, for example, application for postponement of conscription, where this is to be served, leave of absence and discharge. Questions can also be of a more general nature, such as whether travel discounts are just as favorable for conscientious objectors as for uniformed recruits.

The ombudsman system is now of so long standing that it has a recognized status. Reports from the ombudsman for conscientious objectors show that between 8 and 12 per cent of conscientious objectors apply to return to normal military service. This does not mean that the ombudsman exerts any form of pressure in such matters, but it testifies to the usefulness of maintaining a joint ombudsman for the defence and for conscientious objectors.

The services of the ombudsman are important where so many young people are forced to spend a lengthy period in military or civilian service. The ombudsman system has contributed towards a democratization within the services and to an improved environment for all concerned.

The Storting's ombudsman for public administration

When the legislation on an ombudsman for public administration was adopted in June of 1962, and came into force on 1 October of the same year, it represented a major step towards ensuring correct and appropriate procedures in the public sector. The adoption of the new legislation followed 10-15 years of debate. It serves as an example of a private bill which has achieved its goal after due study and processing.

Considerable emphasis was given to the reform in the Storting, as is demonstrated by the stipulations regarding the choice of the ombudsman and his personnel. Like the Storting, the ombudsman serves for four years, and the Storting has resolved that it is to be the highest popularly elected body that selects an ombudsman and his council. Behind this arrangement, which differed from the proposal forwarded by the government in 1962, lies a clear recognition that the government controlling the state administration should not be the one to appoint an ombudsman whose principal task is to assess and call attention to defects in this same administration. The qualifications required of the ombudsman for public administration are the same as those for Supreme Court judges.

The Storting's ombudsman for public administration must cover a sector which is easily the biggest of all the ombudsman's spheres of activity. It embraces the whole of public administration and all those who work in it, with the exception of issues already decided by the Storting or the Odelsting (the larger division of the national assembly), decisions made by the king in council, or matters normally dealt with in the Law Courts or by the office of the Auditor General.

The ombudsman deals with more than 2,000 cases a year. Most of these are complaints. Slightly less than half are rejected on formal grounds. In addition to receiving complaints and enquiries the ombudsman can take the initiative to raise issues. Although the ombudsman for public administration does not have any executive powers, his pronouncements are generally respected. The national assembly has itself stressed that "it has always been the intention of the Storting that the recommendations of the ombudsman are to be observed". In around 40 per cent of the cases processed, the ombudsman concludes with criticism of the administrative organ in question.

In contrast to the practice in Sweden, the decisions of the Norwegian law courts are not subordinate to the ombudsman for public administration. But they can in certain cases be appealed to the human rights court in the Hague In other cases the person concerned can choose between a complaint to the ombudsman for public administration or to the king in council.

In his annual reports, the ombudsman provides an overview of his activities and advice about various measures and issues. For instance he has underscored the necessity of "contributing in the future towards ensuring compliance with human rights in Norwegian administrative practice, thus promoting among the administrators an awareness of the significance of how these rights are to be observed in their administrative work."

The Consumer ombudsman

As part of the implementation of the Marketing Control Act of 16 June 1972, a consumer ombudsman was appointed and a special Market Council was established. The consumer ombudsman acts as a watchdog to prevent abuse in relation to the Marketing Control Act. He must also pay due regard to sexual equality, with special attention to advertising in the media. The consumer ombudsman, who also carries out advisory, functions, attempts to solve disputes in negotiations with businesses, their organizations, and with the media. The ombudsman can also involve himself directly in concrete cases across a wide spectrum. In contrast to other ombudsmen, the Consumer Ombudsman has the right to issue punitive reactions to violations of rules or prohibitions in connection with the Marketing Control Act.

If no agreement is reached, such cases from the Consumer Ombudsman can be appealed before the Market Council whose judgment is final. In a similar manner, consumers, businessmen or wage-earners can forward cases to the Market Council. The Market Council has the same authority as a court of law in its own sector. It can, among other things, forbid an action or contract terms which it considers unreasonable. Such decisions cannot be appealed. This means that the Market Council, with its nine members, functions as a kind of appellate court in relation to decisions by the Consumer Ombudsman, and as a judicial power in cases involving marketing.

The workload of the Consumer Council has ballooned since its initial years. With well over 3,000 new cases annually, its activities have been nearly tripled since its first year 1973. One fourth of the cases were related to questionable marketing. A great amount of effort has been put into standard contracts and in combating unfair contractual conditions. There is a close connection between this rise in activity and the termination of regulatory measures by the Price Inspectorate.

The dismantling of the system of direct price-regulating measures places heavy burdens on the controlling authorities. It is also normal for the consumer ombudsman to personally raise 14-15 per cent of the issues that are dealt with.

A special committee has been established under the wing of the Market Council to handle consumer disputes. It takes on cases involving both consumer purchases as well as craftsmen services. The decisions of this so-called Consumer Disputes Committee can be overturned only by the ordinary law courts.

The committee operates in close connection with the Consumer Council, which is a separate institution and the biggest public-run consumer agency. The Consumer Council has its basis in a number of large organizations. The highest authority is vested in the national congress which is held annually. It is here that the executive committee is selected, with the exception of the leader, who is appointed by the government for a four-year period. The head of the Consumer Council is also appointed by the Government.

In 1992, the Consumer Council received between 130,000 and 140,000 inquiries from the public, and 14,000 of them were directed to the consumers' economic advisory service. The Council issues a magazine, "Forbrukerrapporten" (Consumer Report) with a circulation of over 120,000. The Consumer Council has organized its own county offices and it receives complaints and assists the public in disputes. It emphasizes the dissemination of information about product quality and other kinds of consumer information. In this context, the Consumer Council acts as a service agency and an arbitrating body. The parties to a dispute can ask the Consumer Disputes Committee to pass judgment when they have been unable to come to terms.

The Equal Status ombudsman

When legislation on equal status between the sexes was passed in Norway, on 9 June 1978, it also included a provision that the King was to appoint an equal status ombudsman. The ombudsman, along with the Equal Status Council and the complaints committee for equal status, was directed to contribute towards the enforcement of the legislation on equal status. This ombudsman is appointed for a six-year period.

Equal status legislation is far-reaching, its only dispensations applying to internal situations within religious communities. There are also certain limitations with regard to family life and purely private matters. The basic rule, laid down in section 3, is that differential treatment of women and men is forbidden.

The equal status ombudsman is required, through his watch-dog activities, to ensure compliance with the law. If conflicting parties cannot come to an agreement, the complaints committee can ban an individual measure or demand that a measure be implemented.

In cases where a decision is not immediately forthcoming and the waiting period can cause harm or inconvenience, the equal status ombudsman can make a decision, and thus has a certain degree of executive power. But such decisions can subsequently be overturned by the complaints committee

The law on equal status also requires (in section 21) that committees appointed or elected by national or regional organs, as far as possible, are to have an approximately equal number of men and women. The result is that the man/woman representation on such committees is now substantially better balanced, though there is still a long way to go. This is illustrated through the many critical communications from the equal status ombudsman to the municipalities, urging them to bring more women onto committees.

The yearly review of the work of the equal status ombudsman shows that there is a substantial case load. Nevertheless, there has been a distinct drop in the number of new complaints during recent years from more than 600 in 1986 and 1987 to 272 in 1990. About three quarters of the complaints from individuals come from women. There are also a number of complaints from organizations.

Most of these concern appointments to jobs, sexual discrimination in adverts for jobs, and leave of absence. There is growing interest in the men/women quota stipulations in the public sector, but the number of complaints concerning equal pay has dwindled considerably.

The equal status ombudsman differs from the others in that over one fourth of the cases dealt with are raised on the personal initiative of the ombudsman.

The ombudsman for children

Norway's sixth and, so far, last state ombudsman was established through legislation passed on 6 March 1981. The task of the children's ombudsman is to promote the interests of children. Viewed against the increasing awareness of the problems that children can face in modem society, the establishment of the children's ombudsman was both timely and typical of recent years' social developments and the acknowledgement of the responsibility that society bears.

The children' s ombudsman is appointed by the king for a four-year period. At the time of the appointment an advisory council, which includes the ombudsman as a member, is also selected to provide assistance. Neither the ombudsman nor the council has any executive powers, but the ombudsman enjoys unrestricted access to all public and private institutions for children. Similarly he/she has the right to be provided with information, to study the protocols etc. without being prevented by considerations of professional secrecy.

In the cases he deals with, the children's ombudsman mainly exerts influence through criticism and statements to the parties involved, with the added possibility of making these statements public. Emphasis is also put on information. The ombudsman has succeeded in stimulating public debate on the subject of children's living conditions, lack of sufficient care and children's own reactions, thus giving these issues a more prominent place on the political agenda.

The heavy workload of this ombudsman is illustrated by the 2,575 letters and the 10,000 telephone enquiries he received in 1992. Among the latter, 1,865 were.from children, two-thirds from girls. These enquiries are considered especially important. The ombudsman's wide contact with children and young people has increased understanding of the problems of children in modern society and the importance of benign conditions during the child's formative years.

The extended Arm of the Law

The work of the six ombudsmen, who were appointed to ensure that public administration in Norway follows laws and regulations and to advise companies and the general public regarding the rules and norms of our democratic society, must be considered as an extension of the judicial system itself. Qualified, independent bodies, able to make pronouncements on concrete issues, on their assessment of what is correct and on where limits should be set, constitute in their way, an extended arm of the law, and also represent a democratic guarantee in an increasingly technological and more complex society.

The achievements of the ombudsmen have earned them the respect of the public and focused attention on important issues. The main working "tools" of the ombudsmen are statements, assessments and requests. Some of them have a few coercive means at their disposal, giving them the right to intervene in individual cases and under certain conditions. But the decisive factor responsible for the overall highly positive results of the ombudsmen's work is that most people regard their decisions as fair, in the knowledge that they have been formulated by a serious and impartial body.

The author of the article, Helge Seip, is an economist, journalist and politician. He has among other things been editor in chief of the daily newspaper, Dagbladet, of Norges Handels og Sjofartstidende (now Dagens Naeringsliv), member of the Storting, minister of municipal affairs, member of the Nordic Council presidium, presidium secretary, director of the Data Inspectorate.

Produced for the Ministry of Foreign Affairs by Nytt fra Norge. The author is responsible for the contents of the article. Reproduction permitted. Printed in July, 1994