Article 1 of the Human Rights Ombudsman Act provides that the Ombudsman protects human rights and fundamental freedoms in relation to state authorities, local self-government bodies and holders of public authority. The Ombudsman notes that while it has carried out activities to address business and human rights issues, the institution’s current framework does not explicitly extend to public service providers and concessionaires in the context of individual complaints, and that the institution has supported proposals to expand its competence in this regard. 

The SCA is of the view that the mandate of an NHRI should be interpreted broadly and should extend to acts and omissions of both the public and private sectors. Therefore, the SCA considers it would broaden the mandate of the institution if both public and private sector complaints would be addressed. 

The SCA recommends the Ombudsman to continue to advocate for an amendment to its enabling law to explicitly extend its mandate to include the ability to address all human rights violations resulting from acts and omissions of private entities, including individual complaints against public service providers and concessionaires. 

The SCA refers to Paris Principles A.1 and A.2 and to its General Observation 1.2 on ‘Human rights mandate’.