NASSAU, The Bahamas -- The objective of the Ombudsman Bill 2024 will provide a forum where citizens can report their experiences of mistreatment by government agencies. This, according to Attorney General and Minister of Legal Affairs, Senator the Hon. Ryan Pinder, will address years of frustration.  Mr. Pinder was making his contribution to the debate in the Senate on Thursday, February 8, 2024.

"The Ombudsman Bill 2024 will provide, when it is entered into force, a voice for the citizenry.  It is an institution that has as its primary role the promotion and protection of all human rights," he said. "An Ombudsman is a neutral factfinder, not an advocate for one side or the other. They also play an active role in bridging civil society and Government; they link the responsibilities of the State to the rights of citizens, and they connect national laws to regional and international human rights systems."

He explained that an Ombudsman is an official, usually appointed by the government, who investigates complaints (usually lodged by private citizens) against business, financial institutions, universities, government departments, or other public entities, and attempts to resolve the conflicts or concerns raised, either by mediation or making recommendations.

He said that the  Bill would empower the Ombudsman in The Bahamas to investigate complaints about maladministration in the activities of all Government institutions, bodies, offices, or agencies.  

"Where corruption is present, the ombudsman can investigate, expose, and help correct illegal behaviours and help prevent governments from abusing their power, such as imposing unfair laws and exerting controls over their citizens without constraints. They also help restore confidence in the system and its ability to fairly address issues."

Mr. Pinder said that their responsibility can go beyond addressing individual complaints and advocate for systemic changes to prevent future injustices.

"Engaging with vulnerable groups, and confronting prejudice and discrimination, are essential to fostering an inclusive society.  The tremendous benefit of this institution will be that, as the guardian and voice of the people, their investigations and recommendations will ensure transparency, accountability, and good governance," he said.

Mr. Pinder also discussed the differences between the Ombudsman Bill tabled in 2017 under the former administration and the current one being tabled. He said that the 2017 Bill was withdrawn as it provided a legal basis that is only partially compliant with the Paris Principles.  "The Paris Principles regulate the status and functioning of national institutions for the protection and promotion of human rights," he noted: "this new bill is more a comprehensive piece of legislation that ensures our international compliance with international obligations we have committed to."

The Ombudsman Bill, he said, is intended to utilize an ombudsman model National Human Rights Institute structure where the Ombudsman institution will not only be empowered to investigate complaints relating to maladministration but also breaches of fundamental human rights by a government authority. The existence of a Paris Principles compliant NHRI is an indication that a country is actively protecting human rights by receiving, investigating, and resolving complaints, mediating conflicts and monitoring activities; and promoting human rights through education, outreach, the media, publications, training as well as advising and assisting the Government.   

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