Human rights in Namibia

Last updated

Human rights in Namibia are currently recognised and protected by the Namibian constitution formed in 1990 by a 72-seat assembly. [1] The assembly consisted of differing political parties. After a draft, the constitution was agreed upon by all members of the seven political parties involved. [1] 21 March 1990 marks the first day Namibia operated under the Constitution and also marks the recognition of Namibia as an independent nation. [2] Chapter 3 of the constitution entitled Fundamental Human Rights and Freedoms, also referred to as the Bill of Rights, outlines the human rights of all Namibian citizens. [3]

Contents

Overview of the Bill of Rights

The third chapter in the constitution recognises several human rights. Article 5, the first in the chapter, stipulates that all rights outlined by the constitution must be observed by all facets of the Namibian government. The following articles in the chapter, 6-25, state these rights and are outlined below. [3] [1]

The opening articles state that all persons have the right to liberty, respect, and dignity and no one will be subject to torture or inhumane environments at any time in their life. This includes the abolishment of slavery and forced labour. Along with this, the constitution stipulates that all Namibians will be considered equal and will not be subject to inequality by factors such as sex, race, colour and ethnicity, religious beliefs and status in society.

The constitution also protects citizens against certain authoritative actions such as unwarranted arrests. It is also important that if arrests are conducted that fair and timely communication is placed as paramount importance and is given in the language of preference of the arrestee. After arrest Namibians have the right to a fair trial conducted by a competent court in a public hearing however, juvenile cases are exempt.

Namibia is a democratic society and as such the constitution outlines rights Namibians hold under this. Privacy and family is respected and the marriage of a man and women is free and consensual. Namibians have the right to freely join political parties, engage in appropriate political activity and vote. Fundamental freedoms surrounding speech, culture, thought and associations in a democratic society are also outlined. Any limitations in the constitution shall not undermine an individual's rights.

Whilst children have been exempt from previous articles in the constitution, Article 15 recognises children's rights by highlighting their right to name and nationality as well as the need to be cared for by parents. Education is also compulsory for children until age 16. [3]

The constitution not only focuses on equality and discrimination but also recognises the rights of people to own and dispose of property that can also be entrusted to others at any stage. [3]

Interestingly, the human rights in the constitution are protected and no law is to be created by parliament that abolishes these rights or undermines them. All administrative bodies and officials must adhere and reasonably follow the rules and tasks of the body. [1]

Office of Ombudsman

The Office of the Ombudsman is a fundamental role in maintaining the rights outlined in the bill. [4] The Ombudsman Act of 1990 is included in the constitution. One of the focuses of the Ombudsmen and the office is to uphold the freedom and rights of the people in Namibia. The mandate states that any violations of human rights must be recognised by the office and the Ombudsman must protect the people against further infringements. [5] [6]

The mission statement from the office of the ombudsman is as follows:

“… strives to promote and protect human rights, fair and effective administration, combat corrupt practices … of Namibia through the independent and impartial investigation and resolution of complaints and through raising awareness.” [7]

Investigation across a range of human rights infringements have occurred since 2005. A notable inquiry of the office was a look into conditions in prison holding cells. [4]

The office also facilitates complaints from society in regards to breaches of human rights from governing bodies. In 2016 alone, the office received 301 human rights complaints. Investigations showed that police were the main topic of complaints. [8] Not all complaints processed through the office are related to human rights other issues can involve: environment, maladministration, and corruption.

Civil and political rights

Women's rights

The Namibian constitution stipulates that all people regardless of being male or female are considered equal in the law. [3] Namibia is ranked 115th in the world when analysing gender inequality index of 0.472. [9] Regardless of these rights and the acknowledgment of the index, Namibian women are still subject to gender-based violence and discrimination in the workforce and can face issues accessing education and healthcare.

Even since the introduction of the constitution in 1990 women have still been subject to violence and rape. In 2000 the Combating of Rape Act was introduced that protects both males and females. However, years later women still are victim in majority of rape crimes. In November 2018, it was reported that 1 in 3 women aged 15–49 have experienced violence from their spouse and 29.5% of men believe physical abuse towards their wife is acceptable. [10] Women of Namibia who suffer injury, mental health illness' and pregnancy from rape are subject to increased healthcare costs and decrease earnings as they take time to recover. [11]

Namibia has recognised the inequality towards women and are committed to change. The 2015 deputy prime minister spoke at the 2015 Global Leaders Meeting and promised that Namibia was committed to embracing the critical role of women in society. [12]

Capital punishment

The death sentence punishment is a breach of human rights in Namibia under the 1990 constitution. The last known execution was in 1988 and occurred when the country was under South African Rule. [13]

Children's rights

Children of Namibia face human rights issues that effect their health and safety Namibia Child 1.jpg
Children of Namibia face human rights issues that effect their health and safety

Children's rights in Namibia are recognised in article 15 of the constitution and are in accordance with the 54 articles of the United Nations Convention on the Right of the Child (CRC). [14] The country has operated under the CRC since 28 September 1990. The current Realisation of Children's Rights Index is 7.39/10. [15] Whilst Children's rights are recognised in Namibia there is violation present in society. [16]

Under the CRC and the Bill of Rights Article 15, every child has the right to be identified and acquire nationality. Currently, 1 in 3 births is not recognised and thus these children face the issue of not being able to access welfare and safe education. [15]

Child abuse, as recognised by the World Health Organisation, is present in Namibia and believed to be accepted as a childhood norm by society. [17]

Child labour and exploitation in the workforce is one of the biggest violations of children's human rights. Although Namibia introduced the 2007 Labour Act which prohibits child labour, industries such as sex work and agriculture violate these laws. [18] The 2009 report 'Findings on the Worst Forms of Child Labour' conducted for Namibia by the U.S Department of Labour, highlighted issues such as physical and sexual abuse towards children by their employers. [19] The report also highlighted that 91.4% of child labour was within the agriculture industry. The U.S Department of Labor produced a 2017 report that again found sex and agriculture exploitation to be the worst forms of child labour. [20]

Another issue affecting children throughout Namibia is their access to health care and poor condition of health which is violating their rights. The nation's children face issues surrounding malnutrition and the HIV/AIDS epidemic. In 2017, the Ministry of Health reported that 80% of all child admissions to hospitals, discovered malnutrition in the patient. [21] Malnutrition accounts for 6000 child deaths yearly. [22]

In 2012 UNICEF stated that 18 000 children were living with AIDS, with mother to child transmission at blame. [23] The AIDS epidemic is so prevalent in Namibia that approximately 50% of orphaned children have not been able to be adequately cared for by their parents due to death or illness from AIDS. [22]

Treatment of minority groups

LGBT rights

Currently, Namibia does not recognise the rights of those who identify as lesbian, gay, bisexual or transgender (LGBT). Whilst Namibians are protected by the constitution to not face torture as a result of punishment or discrimination, LGBT individuals experience violence from all aspects of society, in particular police personnel. [24] In 2009 only 55% of the nation was comfortable with having a person of LGBT identity as their neighbour. [25]

Currently sodomy is prohibited. However, intercourse between females is legal. Namibia is looking at a change to its constitution that ensures that no discrimination based upon sexual orientation occurs, as the current laws do not include this. [26]

OutRight Namibia, is the largest LGBT NGO in Namibia and fights for the rights of the LGBT community acting as a voice and organising public awareness events such as parades. [27]

Indigenous people

The constitution of Namibia considers the right all people in Namibia regardless of ethnic origin and race however, it does not consider the human rights of individual indigenous groups. [28] As of current, particular groups face extreme struggles in regards to the rights to traditional land. [29] The indigenous groups of Namibia account for 8% of the population with the main groups being the San, the Nama, the Ovahimba, the Ovazemba, the Ovatjimba and the Ovatwa. [30]

In the 2016 report for the Committee on Economic, Social and Cultural Rights, it was reported that indigenous communities are alienated and marginalised and struggle to access important things such as education and healthcare. These communities are dependent upon their land and tradition. However, many now are being denied access to traditional land. In 2012, the Ovahimba and Ovazemba faced near destruction of their land for the purpose of building a dam without any notice. [31]

Access to adequate education and healthcare is another challenge faced by the indigenous of Namibia. Since the constitution in 1990, the healthcare rates for tribes such as the San have decreased. Their literacy rate is 23% which is significantly lower than that of the rest of the nation who have an average rate of 66%. [31] This is directly linked to the alarmingly low number of secondary education enrolment which currently is 1%. [31]

Human rights organisations and bodies

NamRights

NamRights was established in 1989 by human rights activist Phil Ya Nangolo. Previously known as the National Society for Human Rights, the organisation is concerned with the way in which the nation and State adhere to human rights as outlined in the constitution. It recognises that the government endorses human rights however, the non-for-profit organisation believes that the state has failed to uphold human rights with consistent violation. One of their concerns surrounds the torture and treatment of those detained in prison cells.

NamRights has a strong presence in society and often faces government scrutiny. In its hope to pursue human rights the organisation expresses their opinion in regards to lack of government protection and control of the rights. They, therefore, struggle to gain financial support from the government due to this conflict.[ citation needed ]

The Legal Assistance Centre (LAC) was founded in 1988 with the intention to support those suffering in the time of Apartheid where many Namibians had very few human rights. [4] The LAC describes itself as human rights law firm. Since the opening of the Windhoek office in 1998, the organisation has expanded and now also focuses on human rights education and training, informing and offering advice to the public, research and advocacy and litigation. To uphold their status of a public interest law firm, the LAC will only support cases when it has a greater effect on a community. [32]

Throughout history, the organisation has faced scrutiny, however, as human rights in Namibia become more established the LAC is becoming more acclaimed. [32] Not long after their opening in 1998, the government, then under South African control attempted to close the firm. However, today the firm is highly acclaimed with awards such as the Freedom of Expression Special Award and the JP Karuaihe Award for Social Responsibility being granted to the firm. [32] Over the last 10 years the organisation has supported many human rights campaigns and programmes such as the Orphan and Vulnerable Children Programme. [32]

Related Research Articles

The human rights situation in Cambodia is facing growing criticisms both within the country and from an increasingly alarmed international community. After a series of flagrant violations against basic human rights a feeling of incertitude regarding the direction the country is emerging, sometimes comparing the situation to a newborn Burma.

<span class="mw-page-title-main">Human rights in Bolivia</span>

Bolivia's constitution and laws technically guarantee a wide range of human rights, but in practice these rights very often fail to be respected and enforced. “The result of perpetual rights violations by the Bolivian government against its people,” according to the Foundation for Sustainable Development, “has fueled a palpable sense of desperation and anger throughout the country.”

<span class="mw-page-title-main">Human rights in Paraguay</span>

Technically speaking, Paraguayan law prohibits discrimination on grounds of gender, race, language, disability, or social status, but there is nonetheless widespread discrimination.

<span class="mw-page-title-main">Human rights in Switzerland</span>

Human rights are largely respected in Switzerland, one of Europe's oldest democracies. Switzerland is often at or near the top in international rankings of civil liberties and political rights observance. Switzerland places human rights at the core of the nation's value system, as represented in its Federal Constitution. As described in its FDFA's Foreign Policy Strategy 2016-2019, the promotion of peace, mutual respect, equality and non-discrimination are central to the country's foreign relations.

<span class="mw-page-title-main">International Work Group for Indigenous Affairs</span> International non-governmental organization

The International Work Group for Indigenous Affairs (IWGIA) is an independent and non-profit international human rights-based membership organization, whose central charter is to endorse and promote the collective rights of the world's indigenous peoples. Established in 1968, the IWGIA is registered as a non-profit organization in Denmark, with the head office of its secretariat based in Copenhagen. IWGIA's work is primarily funded by the Nordic Ministries of Foreign Affairs and the European Union.

<span class="mw-page-title-main">LGBT rights in Namibia</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Namibia have expanded in recent years, although LGBT people still have limited legal protections. Sexual contact between men is criminalised within Namibia, although this law is generally unenforced.

<span class="mw-page-title-main">Human rights in Andorra</span>

Human Rights in Andorra are guaranteed under the Andorran constitution. The State Department considers Andorra to have few human rights concerns.

<span class="mw-page-title-main">Human rights in Latvia</span>

Human rights in Latvia are generally respected by the government, according to the US Department of State and Freedom House. Latvia is ranked above-average among the world's sovereign states in democracy, press freedom, privacy and human development. The country has a relatively large ethnic Russian community, which has basic rights guaranteed under the constitution and international human rights laws ratified by the Latvian government.

<span class="mw-page-title-main">LGBT rights at the United Nations</span>

Discussions of LGBT rights at the United Nations have included resolutions and joint statements in the United Nations General Assembly and the United Nations Human Rights Council (UNHRC), attention to the expert-led human rights mechanisms, as well as by the UN Agencies.

<span class="mw-page-title-main">LGBT rights in Samoa</span>

Lesbian, gay, bisexual, and transgender (LGBT) people in Samoa face legal challenges not faced by non-LGBT residents. Sexual contact between men is illegal; punishable by up to seven years imprisonment, but the law is not enforced.

Samoa, officially the Independent State of Samoa, has a population of approximately 188,000 people. Samoa gained independence from New Zealand in 1962 and has a Westminster model of Parliamentary democracy which incorporates aspects of traditional practices. In 2016, Samoa ratified the Convention on the Rights of Persons with Disabilities CRPD and the three optional protocols to the CRC

Papua New Guinea (PNG) is a constitutional parliamentary democracy with an estimated population of 6,187,591. Police brutality, provincial power struggles, violence against women, and government corruption all contribute to the low awareness of basic human rights in the country.

The Republic of Vanuatu is a parliamentary democracy with a population of approximately 326.000. The Constitution of Vanuatu is supreme law and sets out the legal framework which deals with the respect of human rights.

<span class="mw-page-title-main">Human rights in Denmark</span>

Human rights in the Kingdom of Denmark are protected by the state's Constitution of the Realm (Danmarks Riges Grundlov); applying equally in Denmark proper, Greenland and the Faroe Islands, and through the ratification of international human rights treaties. Denmark has held a significant role in the adoption of both the European Convention on Human Rights and in the establishment of the European Court of Human Rights (ECHR). In 1987, the Kingdom Parliament (Folketinget) established a national human rights institution, the Danish Centre of Human Rights, now the Danish Institute for Human Rights.

<span class="mw-page-title-main">Human rights in Lithuania</span>

Human rights in Lithuania have been the subject of much coverage. Lithuania scores 91 out of 100 in 2019 report by Freedom House, which classifies the country as "free", with high rankings in civil liberties and political rights. In particular, Lithuania ranks 30th among 180 countries, well above the world's average level in press freedom, and achieves a full score in freedom of assembly and nongovernmental organisations. However, there are concerns regarding children's welfare, domestic violence, discrimination against minorities including the Roma, Jews and LGBTI people, as well as poor treatment of prisoners. The Constitution of Lithuania guarantees the protection of human rights.

<span class="mw-page-title-main">Human rights in Portugal</span>

Portugal is generally considered as successful in upholding the civil liberties and protecting the human rights of its citizens. Portugal has proved to be determined in promoting and respecting human rights at an international and national level. The country's minister of Justice as of September 2018, Francisca Van Dunem, said that Portugal has had "a good track record" on human rights but violations still do persist.

Costa Rica is often considered one of the best countries in Latin America at upholding Human Rights. It has been involved in the creation of international rights standards. Costa Rica is signatory to, and has ratified, many international treaties regarding rights, including the 1948 United Nations Declaration on Human Rights (UNDHR). Costa Rica scored above the world mean for human rights, achieving top global rankings. Its poverty levels sit at 18.6%, one of the lowest in the Latin American regions. Human rights in Costa Rica predominantly stem from the UNDHR, the Costa Rican Constitution and the Inter-American Human Rights System.

Human rights in Norway protect the fundamental rights of all persons within the Kingdom of Norway. These rights are safeguarded by Chapter E of the Constitution of Norway or Kongeriket Norges Grunnlov, as well as the ratification of various international treaties facilitated by the United Nations. The country maintains a dedicated commitment to human rights and was the second country to ratify the European Convention on Human Rights.

Same-sex unions cannot be legally performed in Namibia. The Supreme Court ruled 4–1 on 16 May 2023 that same-sex marriages concluded outside of Namibia should be recognised for residency purposes. A bill seeking to overturn the ruling has passed the Parliament of Namibia and awaits President Nangolo Mbumba's signature.

<span class="mw-page-title-main">Human rights in Suriname</span>

Human rights in Suriname are currently recognised under the Constitution of the Republic of Suriname of 1987. Suriname is a constitutional democracy with a president elected by the unicameral National Assembly. The National Assembly underwent elections in 2020, electing Chan Santokhi as president. The National Assembly has a commission pertaining to issues regarding the country's human rights. The Human Rights Office of the Ministry of Justice and Police is responsible for advising the government on regional and international proceedings against the state concerning human rights. Human rights in Suriname is periodically reviewed by the United Nations Human Rights Committee (UNHRC), on which it is often believed the level of human rights do not yet meet international standards.

References

  1. 1 2 3 4 Legal Assistance Centre. "Overview of the Namibian Constitution" (PDF).
  2. ↑ "Namibia profile- Timeline". BBC News. 2018-05-08. Retrieved 2019-05-21.
  3. 1 2 3 4 5 "The Constitution of The Republic of Namibia" . Retrieved 2020-11-11.
  4. 1 2 3 Horn, Nico (2009). "The Process of Human Rights in Namibia". Journal of Namibian Studies. 5: 99–116.
  5. ↑ The Ombudsman Act of 1990 [Namibia], 6 June 1990.
  6. ↑ "The protection and promotion of human rights in Namibia: The constitutional mandate of the Ombudsman" . Retrieved 2020-11-11.
  7. ↑ "Annual Report 2008 | Office of the Ombudsman" . Retrieved 2020-11-11.
  8. ↑ "Annual Report 2016 | Office of the Ombudsman" . Retrieved 2020-11-11.
  9. ↑ "Gender Inequality Index". hdr.undp.org. 2017. Retrieved 2019-05-21.
  10. ↑ Alweendo, Andreas, Rafla, N, R, D (November 2018). "Landscaping Gender Based Violence in Namibia" (PDF). Democracy Report. Retrieved 2019-06-06.{{cite web}}: CS1 maint: multiple names: authors list (link)
  11. ↑ "Support for survivors of violence" (PDF). A Namibia Fit for Children. 3 August 2015.
  12. ↑ UN Women. "Namibia aims for equal access to services, roles for women as agents of peace". UN Women. Retrieved 2019-06-05.
  13. ↑ Franck, Hans Göran, 1925-1997. (2003). The Barbaric punishment : abolishing the death penalty . Nyman, Klas., Schabas, William, 1950-. The Hague: Kluwer Law International. ISBN   904112151X. OCLC   52197622.{{cite book}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  14. ↑ Nonkes, Mark (2009). What Are Children's Rights. Namibia: Unicef.
  15. 1 2 "Children of Namibia". Humanium. Retrieved 2019-05-21.
  16. ↑ "UNICEF Namibia - Child Protection and Social Protection - Violence Against Children". www.unicef.org. Retrieved 2019-05-21.
  17. ↑ "Child Protection Policy "Keeping Namibian Children Safe"" (PDF). Retrieved 2020-11-11.
  18. ↑ "Eresources provided by The University of Sydney Library". login.ezproxy1.library.usyd.edu.au. Retrieved 2020-11-24.
  19. ↑ Namibian, The. "Child labour in Namibia at its worst". The Namibian. Retrieved 2019-06-05.
  20. ↑ "Findings on the Worst Forms of Child Labor - Namibia". United States Department of Labor. 2017-09-30. Retrieved 2019-06-05.
  21. ↑ UNICEF (2017). "UNICEL Annual Report 2017 Namibia" (PDF). Namibia.
  22. 1 2 SOS Children's Village International. "General Information on Namibia". SOS Children Villages international. Retrieved 2019-06-05.
  23. ↑ UNICEF. "Namibia Statistics". UNICEF. Retrieved 2019-06-05.
  24. ↑ "Namibia's Compliance with the U.N. Convention Against Torture: LGBTI Rights" (PDF). Retrieved 2020-11-24.
  25. ↑ "Africa's most and least homophobic countries". Erasing 76 Crimes. 2016-03-09. Retrieved 2019-05-21.
  26. ↑ "Wade Schaerer – No shame about living with HIV". MambaOnline - Gay South Africa online. 2019-03-26. Archived from the original on 2019-07-26. Retrieved 2019-06-05.
  27. ↑ "Namibia". Global LGBT Human Rights Organization | OutRight. Retrieved 2019-06-05.
  28. ↑ "Namibia". www.iwgia.org. Retrieved 2019-05-21.
  29. ↑ Powell, Anita (28 September 2012). "UN Urges More Rights for Namibia's Indigenous People". VOA News.
  30. ↑ IWGIA (12 September 2011). "Indigenous peoples in Namibia - IWGIA - International Work Group for Indigenous Affairs". www.iwgia.org. Retrieved 2019-06-05.
  31. 1 2 3 Cultural Survival (22 February 2016). "The State of Indigenous Human Rights in Namibia" (PDF). Cultural Survival. Retrieved 2019-06-06.
  32. 1 2 3 4 "Legal Assistance Centre-Namibia". www.lac.org.na. Retrieved 2019-06-05.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.