“The SCA has noted that, while the Ombudsman’s mandate refers to the protection of constitutional rights and freedoms, this includes some, but not all, recognised civil, political, economic, social and cultural rights. Furthermore, the SCA has noted that the enabling legislation refers to protection of human rights, but not to promotion.

An NHRI’s mandate should be interpreted in a broad, liberal and purposive 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.

While acknowledging that the Ombudsman interprets its mandate in a broad manner, the SCA encourages the Ombudsman to continue to advocate for the appropriate change in its enabling law to provide the institution with an explicit mandate to promote and protect all human rights.

Further, the SCA has noted that the enabling law does not provide the Ombudsman with an explicit mandate to encourage ratification or accession to international human rights instruments.

Encouraging ratification of or accession to international human rights instruments, and the effective implementation of those instruments to which the state is a party, is a key function of an NHRI. The SCA considers it important that these duties form part of the legislative mandate of an NHRI. The SCA encourages the Ombudsman to continue to advocate for the appropriate amendments to its enabling law in order to have an explicit mandate to encourage ratification or accession to international human rights instruments.”