The SCA reiterates that the Ombudsman’s mandate under the current legal framework remains tied to the protection of constitutional rights and freedoms contained in Chapter 3 of the Constitution only. The SCA also notes that a proposal to expand the definition of human rights to include rights contained in international human rights instruments ratified by Namibia has been removed from the draft Bill. In addition, the SCA notes that the existing law does not explicitly provide for the power to conduct unannounced visits to places of deprivation of liberty. 

The SCA further notes that while the Ombudsman conducts promotion activities, including training on human rights education across 14 regions of the country, the law does not explicitly refer to a mandate to ‘promote’ human rights. 

The SCA recommends that the Ombudsman continue to advocate for amendments to its enabling law to expressly provide for the promotion and protection of all human rights, including economic, social and cultural rights, and for unannounced visits to places of deprivation of liberty with free access. 

The SCA refers to Paris Principles A.1, A.2, and A.3 and to its General Observation 1.2 on ‘Human rights mandate’.