06 Jul 2023

The addition of human rights mandate as a core function of the Ombudsman is reaffirmation of government’s pledge to safeguard democracy, good governance and equal rights for all, says Minister of Justice, Mr Machana Shamukuni. 

Launching the new mandate on Wednesday, Mr Shamukuni said even though the constitution had always pronounced fundamental rights and freedoms of individuals, there was an outcry from the public, media and advocacy groups that the country did not have a national rights institution protecting all human rights. 

Mr Shamukuni said when the Office of the Ombudsman was established in 1995, it was so it could only investigate complaints of maladministration made against government and its agencies, and to recommend remedial action where the complainant was prejudiced by poor administrative action. 

The office also received complaints of human rights violations, but could not investigate owing to its limited jurisdiction, hence the addition of the news mandate. 

“The establishment of the Office of the Ombudsman as a national human rights institution, in addition to investigating maladministration, further solidifies our dedication to protecting and promoting human rights,” he said. 

Mr Shamukuni said as a dynamic society, Botswana needed to keep pace with society’s need for protection of human dignity and equality before the law, adding various human rights issues and concerns were constantly coming up and urgently needed to be addressed. 

“The Office of the Ombudsman is now in a position to advance the human rights of all persons, including People Living With Disability, the vulnerable and marginalised members of our society,” he said. 

He added the new Ombudsman Act confered on the public protector mandates to among others, investigate issues of maladministration in the public sector, human rights violations in both the public and private sectors as well as educate the public on maladministration and human rights. 

Mr Shamukuni said the Ombudsman would also advise government on ratification and implementation of human rights treaties and conventions, as well as assist government to monitor, address and report human rights concerns at national and international level. 

He appealed to all concerned stakeholders to join hands in embracing the shared responsibility of promoting good governance, upholding human rights and creating an inclusive society. 

“Together we can build a stronger, more equitable society where every individual’s rights are respected, protected and upheld,” he said. 

Meanwhile, the newly appointed Ombudsman, Adv. Stephen Tiroyakgosi said the launch marked a fundamental turning point in the country’s human rights system contained in chapter III of the Constitution. 

Adv. Tiroyakgosi said human rights were at the heart of any society’s existence, and in Botswana, where such rights had been tested, the courts of law had through various decisions reaffirmed them as such. 

He said the Ombudsman needed to build a reputation for independence, fairness, respect, integrity and customer focus. 

“We need to develop a strategy that will focus on our stakeholder needs,” he said. 

He was cognisant, however, of the fact that in executing its new mandate, the Ombudsman would encounter challenges both in terms of understanding what human rights ought to be and how they ought to be projected to society, he said. 

That notwithstanding, the Ombudsman would remain a fair and impartial referee, he said, adding that he hoped the launch of the human rights mandate would also increase the office’s visibility. Ends