Minister of Justice Yvonne Dausab tabled the Ombudsman Amendment Bill, calling on lawmakers to strengthen the legal framework governing the Office of the Ombudsman.

The bill aims to ensure that the Ombudsman operates with full independence and enhanced authority, particularly in protecting human rights and ensuring government accountability.

Dauseb noted that the current Ombudsman Act has remained unchanged since 1990 and no longer meets the demands of modern governance.

She pointed out that the law's limited scope does not sufficiently safeguard the Ombudsman's autonomy, guarantee its independence as required by the Paris Principles and Article 89 of the Constitution, provide adequate resources, or equip the office with necessary investigative powers.

"The principle to support its independence was not negotiable, but having it as an administrative office within the Ministry of Justice became increasingly challenging because of the competing interests related to law and justice. However, the need for an effective and well-resourced office became increasingly evident as the Namibian public required an institution that could respond to their concerns in a timely and competent manner."

To address these concerns, the bill proposes separating the Ombudsman's office from the Ministry of Justice in terms of administrative and financial responsibilities, similar to how the judiciary operated under the ministry for 25 years before gaining full independence in 2015.

"Namibia's commitment to upholding human rights and democratic principles is evident in our recognition of the ombudsman as an essential institution. However, for it to fully execute its mandate, it must receive the necessary support, both in terms of financial resources and legislative reinforcement. There is a need for adequate funding to allow the institution to expand its reach."

 Additionally, the bill also aligns the Ombudsman's role with international human rights standards, such as the Paris Principles.

The Paris Principles are a set of international standards that define the role, structure, and functioning of national human rights institutions to ensure their independence, effectiveness, and credibility and serve as the benchmark for evaluating the legitimacy of institutions like ombudsman offices and human rights commissions worldwide.

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Joleni Shihapela