Bill making Ombudsman a National Human Rights Institution in Parliament this July

A Bill to repeal and re- enact with amendments the Ombudsman Act ( Cap. 02: 12) will be presented to the July session of Parliament by Minister for Presidential Affairs, Governance and Public Administration Kabo Morwaeng.

Known as the Ombudsman Bill, 2021, it was gazetted on 11th June and will be in circulation for 30 days to enable members of the public to make their comments to the Ministry of Presidential Affairs, Governance and Public Administration.

The object of this Bill, which effectively makes the office of the Ombudsman a National Human Rights Institution, is among other things, to expand the functions and powers of the Ombudsman to include protection and promotion of human rights.

It is also to enact an Act to make provision for the continuation of the Office of the Ombudsman, for the powers and functions of the Ombudsman, the investigation of administrative actions taken on behalf of Government, the protection and promotion of human rights, the investigation of human rights violations, and for matters incidental thereto and connected therewith.

Under this Bill the office of the Ombudsman shall consist of the Ombudsman, Deputy Ombudsmen and other staff of the office as may be appointed. The office of the Ombudsman shall be a public office and accordingly, the provisions of the Public Service Act shall apply with the necessary modifications to the office and the officers thereof.

The Ombudsman and the Deputy Ombudsman shall be appointed by the President, after consultation with the Leader of the Opposition in the National Assembly and the Speaker of the National Assembly.

A person shall not be qualified to be appointed Ombudsman or Deputy Ombudsman unless he or she is qualified to be appointed to the office of a Judge of the High Court.

The Bill gives the Ombudsman sweeping powers to investigate any department of Government or private entity in respect to complaints of injustice or unfair treatment in consequence of maladministration as well as complaints where a person would have sustained violation of his or her human rights in consequence of the action so taken.

The Bill invests the Ombudsman with responsibilities to educate the public on maladministration and human rights by such means as he or she may determine, including publication, lectures, workshops and symposia.

The Ombudsman may implement a continuing programme of research, education and information to enhance respect for human rights and to increase awareness and promote a human rights culture as well as advise

Government on the ratification and implementation of human rights treaties and conventions.

It shall also be the duty of the Ombudsman to promote compliance with national laws that protect and promote the enjoyment of human rights as well as assist Government to monitor, address and report on human rights concerns at national and international level.

Some core human rights treaties and conventions of the United Nations include the Convention against Torture and Other Cruel Inhuman or Degrading Treatment or Punishment ( CAT); International Covenant on Civil and Political Rights ( CCPR); Convention for the Protection of All Persons from Enforced Disappearance; International Convention on the Elimination of All Forms of Racial Discrimination ( CERD); International Covenant on Economic, Social and Cultural Rights ( CESCR ); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ( CMW ); Convention on the Rights of the Child ( CRC); Convention on the Rights of Persons with Disabilities ( CRPD).

Botswana has ratified five of the nine conventions and government has since accepted the Universal Periodic Review ( UPR) recommendation to ratify the Convention on the Rights of Persons with Disabilities.

According to the Bill, the Ombudsman shall not be subject to the direction or control of any other person or authority in the discharge of his or her functions under this Act. Additionally, the proceedings of the Ombudsman shall not be called into question in any court of law.

For purposes of performing his or her functions under this Act, the Ombudsman shall have the power to enter into and inspect any building or premises or any part thereof, and to make such enquiries therein or thereon, and put such questions to any person employed thereon or who finds himself for herself in or on that building or premises in connection with the matter in question, as the Ombudsman may deem necessary in connection with that investigation.

He or she shall have powers to access all books, vouchers, other documents, money, stamps, securities, forms having a face or potential value, equipment, stores and other movable goods in the possession or under the control of any such person, and which the Ombudsman deems necessary to inquire into or to investigate in connection with such investigation.

The Ombudsman will have powers to request particulars and information from any person which he or she may deem necessary in connection with that inquiry or investigation; to issue subpoenas requiring attendance of any person before the Ombudsman and the production of any document or record relevant to any investigation by the Ombudsman.