Justice ministry withdraws ombudsman bill for further consultation

The Ministry of Justice has temporarily withdrawn the ombudsman bill following concerns over the definition of human rights within the proposed legislation.

The bill, tabled in parliament earlier this year, sparked debate over its wording, particularly regarding human rights protections.

Speaking to Desert FM, justice ministry executive director Gladice Pickering explained that the decision to withdraw the bill was made to allow for further consultation with the ombudsman and other stakeholders.

Pickering clarified that the bill defines human rights as “any fundamental rights of freedom as contained in Chapter 3 of the Namibian Constitution” and any human rights or freedoms forming part of Namibian law under Article 144.

However, concerns arose about whether this definition adequately captures all aspects of human rights protection.

“We have decided that there will be more consultation with the ombudsman and other key stakeholders on all definitions, but particularly this one, to ensure there is no uncertainty regarding what we mean by human rights,” Pickering said.

She said a key objective of the bill is to establish the ombudsman’s full independence from the Ministry of Justice, ensuring it can function without administrative or financial ties to the ministry.

“The ombudsman must be able to investigate allegations of human rights violations against any institution or individual, including the Ministry of Justice itself,” Pickering stressed.

The bill has faced criticism from some quarters, including claims that it could be used to promote LGBTQI+ rights through Namibia’s commitments to international human rights treaties.

In response, Pickering dismissed these claims, stating that no international human rights instrument ratified by Namibia explicitly provides for LGBTQI+ rights.

“If there is anything in an international instrument that Namibia feels uncomfortable with, we have the right to make a reservation or withdraw from that instrument altogether,” she said.