The SCA recalls that in 2020 it recommended that the Ombudsman’s enabling law be amended to explicitly include the responsibility to encourage ratification of, or accession to, international human rights instruments. The SCA acknowledges that, in practice, the Ombudsman has continued to advocate for the ratification of such instruments through their use of Article 7 of the Act. 

The SCA is of the view that encouraging ratification of, or accession to, international human rights instruments, and the effective implementation of those instruments to which the State is a party, are key functions of an NHRI. The SCA therefore considers it important that these duties form part of the enabling legislation of an NHRI. 

The SCA encourages the Ombudsman to continue to advocate for an amendment to its enabling law to explicitly include this mandate. 

The SCA refers to Paris Principles A.3(b) and (c) and to its General Observation 1.3 on ‘Encouraging ratification or accession to international human rights’.