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Under Article 91 of the Constitution and Section 3 (1) of the Ombudsman Act, the Ombudsman has the duty to investigate any request or complaint concerning: - Alleged or apparent instances of violations of fundamental rights and freedoms; - Practices and actions by persons and enterprises and other private institutions where such complaints allege that violations of fundamental rights and freedoms have taken places. The Ombudsman Act provides: “fundamental rights and freedoms means any fundamental right or freedom as defined in Chapter 3 of the Namibian Constitution”
Below are examples of resolved human rights violation complaints
Trial awaiting detainee denied opportunity to write examination
Refusal to assist complainants with labour issue
Statelessness status for more than 40 years
Trial awaiting detainee denied opportunity to write examination
In a rather unique complaint, a detainee at the Opuwo Police station approached us, claiming that he was being denied his right to education. The inmate, a registered NAMCOL student stated that he sought permission from the Office of the Station Commander to take his examinations at a local school. The complainant informed us that his request was denied on the basis of him being suspected of a crime.
We approached the Station Commander with the complaint and informed him of the complainant’s right to education, despite being accused of a crime. After our intervention, the Station Commander informed us that he would allocate the complainant a study room and make arrangements for the complainant to be escorted to his examination venue, in order for him to take his exams. The complainant subsequently informed us that the matter was resolved and he was allowed to prepare for and write his exams.
Refusal to assist complainants with labour issue
A group of five complainants alleged that they entered into an agreement to do manual labour (debushing) for a certain private company, in return for monetary compensation. However, upon completing their task, the company refused to pay them the agreed amount of N$ 1600, per person. The complainant reported the matter to the Ministry of Labour, Industrial Relations and Employment Creation. The Ministry informed them that they could not be assisted and referred them to the police. The police referred them back to the Ministry of Labour, unsatisfied with the assistance received from the Ministry, the complainants finally approached our office and we took up the matter.
During our engagements with officials from the Ministry of Labour, we were informed that the matter was not within their jurisdiction and they advised us to refer the complainants to private lawyers. Our complaints Investigator refused to accept these explanations and reminded the officials that they have a duty to all Namibian workers and further informed that, the complainants were all unemployed and could not afford the services of a lawyer. The matter was finally resolved after our intervention and the complainants received their payments.
Statelessness status for more than 40 years
The complainant was representing a group of 50 people ranging from infants to a 90-year-old individual. The complainant alleged that she and her elder sister came to Namibia in the 1970s, from Angola. She got married to a Namibian citizen and managed to obtain national identity documents. However, her sister, her children and her sister’s children were never granted national identity documents. The complainant alleged that they have approached the Ministry of Home Affairs, Immigration, Safety and Security on various occasions, to no avail.
We held a meeting with the Councilor of the constituency in which the complainants reside. He informed us that he was aware of them and their plight, and that they were beneficiaries of the drought relief program in that area. Our complaints investigators and the Councilor approached the Ministry and met with officials who informed us that they would visit the complainants in order to get more information and to verify what we had brought to their attention.
We followed up and confirmed that the complainants were indeed visited by officials from the Ministry. Applications for birth certificate and national identity documents were also done, with the assistance of the Councilor.