“In its previous reports of 2018, the SCA noted that the Ombudsman’s mandate refers to the protection of constitutional rights and freedoms, which recognises some, but not all civil, political, economic, social, and cultural rights. Moreover, the Law does not explicitly provide for the mandate to promote human rights including awareness raising on human rights norms and issues, as well as advising on legislation.
An NHRI’s mandate should be interpreted in a broad manner to promote a progressive definition of human rights which includes all rights set out in international, regional and domestic instruments, including economic, social and cultural rights.
The Law is silent on unannounced visits and free access to inspect and examine any public premises, although the Ombudsman has indicated that it carries out this function in practice.
The SCA encourages appropriate changes to be reflected in the Institution’s enabling law to provide it with an explicit mandate to promote and protect all human rights, and to carry out unannounced visits with free access.
The SCA refers to Paris Principles A. 1, A.2, and A. 3 (b), (d), and (e) and to its General Observation 1.2 on ‘Human Rights Mandate’.”
