In Dialogue with Namibia, Experts of the Human Rights Committee Praise the State’s World Press Freedom Index Ranking, Raise Issues Concerning Corrupt Public Procurement Practices and Implementation of Environmental Legislation
The Human Rights Committee today concluded its consideration of the third periodic report of Namibia on how it implements the provisions of the International Covenant on Civil and Political Rights, with Committee Experts commending the State’s ranking in the World Press Freedom Index, and raising issues concerning corrupt public procurement practices and the implementation of environmental legislation.
Tania María Abdo Rocholl, Committee Chairperson, and several Committee Experts conveyed their sincere condolences regarding the recent passing of former President Hage Gottfried Geingob.
One Committee Expert said that there was a generally favourable environment for the enjoyment of the freedom of expression in Namibia. The State was ranked number 22 in the World Press Freedom Index. Civil society maintained that self-censorship continued to be a reality for those working in State media, however. Had monitoring bodies investigated this?
Another Committee Expert cited reports of corrupt practices by Government officials related to public procurement, and concerns that the anti-corruption laws were enforced inconsistently. What steps had been taken to ensure that these laws were effectively implemented? When did the State party intend to adopt the draft Whistle-Blower and Witness Protection Acts?
One Committee Expert said there were serious shortcomings in the implementation of legislation covering the protection of local communities regarding development projects. One business had reportedly not obtained the necessary permits before undertaking oil exploitation activities. How was the State party ensuring that environmental legislation was properly implemented, and that residents and indigenous peoples affected by development projects were protected?
Festus Katuna Mbandeka, Attorney-General of Namibia and head of the delegation, said Namibia was a leader in Africa in terms of freedom of speech and freedom of the press. These freedoms were guaranteed by the Constitution and State legislation. All media houses, including State media, operated freely and had their own editorial policies and reporting standards. State media widely covered the positions of all political parties. The delegation was not aware of any cases of political interference in State media.
To improve accountability and transparency in public procurement processes, the Anti-Corruption Commission was established, Mr. Mbandeka said. The State had also developed a national anti-corruption strategy and action plan. The Government had started implementing the Witness Protection Act, while the Whistle-Blower Protection Act had been referred to Parliament for revision. It was working to finalise this legislation as quickly as possible.
The Attorney-General said the Environmental Management Act stipulated what needed to be done by businesses to protect the environment. Businesses were required to conduct prior consultations with affected communities and traditional leaders before commencing development projects. The State also conducted impact assessments before projects commenced. Fines were imposed on companies that did not comply with the law.
In concluding remarks, Mr. Mbandeka said Namibia had provided information throughout the dialogue regarding the implementation of the Covenant in the State. The delegation had taken note of the Committee’s concerns and the issues raised. The State party recognised the need to enhance current laws and policies. It would continue to pursue institutional reforms and policies to ensure the full implementation of the Covenant.
Ms. Abdo Rocholl, in concluding remarks, said the dialogue had addressed issues relating to excessive use of force; polygamy; domestic and gender-based violence; abortion; trafficking in persons; preventing exploitation of children; the treatment of persons deprived of liberty, foreigners, migrants and asylum seekers; and the right to privacy, among others. The Committee was determined to promote the highest standard of civil and political rights in Namibia.
The delegation of Namibia was made up of representatives of the Ministry of Justice; Ministry of Home Affairs, Immigration, Safety and Security; Namibian Police Force; Namibian Correctional Service; Ministry of Gender Equality, Poverty Eradication and Social Welfare; and the Permanent Mission of Namibia to the United Nations Office at Geneva.
The Human Rights Committee’s one hundred and fortieth session is being held from 4 to 28 March 2024. All the documents relating to the Committee’s work, including reports submitted by States parties, can be found on the session’s webpage. Meeting summary releases can be found here. The webcast of the Committee’s public meetings can be accessed via the UN Web TV webpage.
The Committee will next meet in public at 3 p.m. this afternoon to begin its consideration of the initial report of Somalia (CCPR/C/SOM/1).
Report
The Committee has before it the third periodic report of Namibia (CCPR/C/NAM/3).
Presentation of the Report
FESTUS KATUNA MBANDEKA, Attorney-General of Namibia and head of the delegation, paid homage to Namibia’s third President Hage Gottfried Geingob, who passed away on 4 February 2024. A strong champion of human rights, the late President was instrumental in the attainment of Namibia’s independence and was the chief architect of the Namibian Constitution.
To enhance the independence of the Ombudsman, Namibia had developed the Ombudsman bill, which would be tabled in the National Assembly in 2024. The bill established the Ombudsman as a separate agency in the public service and established an accounting officer within its office to administer its budget.
To improve accountability and transparency in public procurement processes, the Anti-Corruption Commission was established. The Public Procurement Act reinforced Namibia’s anti-corruption legislative framework. Public officials whose conduct was found to be corrupt or fraudulent could be duly prosecuted. The State had also developed a national anti-corruption strategy and action plan. The Witness Protection Act, operationalised in 2023, ensured the full prosecution of those accused of corruption and the protection of those who reported corruption. The Government had also renewed its commitment to strengthen its anti-money laundering mechanisms.
Namibia had emerged from a brutal history of colonialism, genocide, racism and apartheid. At independence, the Government adopted a policy of national reconciliation. It took a deliberate decision not to prosecute any of the parties involved in human rights violations during the struggle for independence in order to unite all Namibians for the sake of peace, unity and stability. The Constitution provided the rights to non-discrimination and equality for all and prohibited practices of racial discrimination and apartheid ideologies.
Sodomy remained a common law offence in Namibia, however, no person had ever been prosecuted for sodomy. The Government had developed the national plan of action on gender-based violence 2019-2023 to address the root causes of gender-based violence and provide for a coordinated approach to prevention, response and monitoring initiatives. Namibia had established special courts for gender-based violence offences country-wide and created a gender-based violence prevention programme in school curricula. The Government continued to conduct awareness campaigns targeting traditional and religious leaders on positive gender roles and the elimination of harmful cultural practices.
The Abortion and Sterilisation Act 1975 provided for circumstances under which women and girls could access safe and legal abortions. Medical treatment was provided without discrimination to women who had undergone illegal and unsafe abortions. The Act did not allow forced sterilisation of persons, regardless of disability or HIV status, without prior and informed consent.
The Government did not condone the use of excessive force against any person, and the Constitution prohibited torture and other cruel, inhuman or degrading treatment. The Government had been ordered to pay damages to complainants and their families in civil matters brought because of allegations of assault or use of excessive force by law enforcement officers. The Legal Aid Directorate, which included 69 in-house lawyers, was mandated to represent members of society who could not otherwise afford legal representation. It needed to be strengthened to meet current demands.
Namibia was ranked number one in Africa and number 22 on the global index for press freedom. Journalists in Namibia were self-regulating and operated under a Code of Ethics. The Media Ombudsman was responsible for hearing and deciding on complaints laid against the media. The Government was working to adopt the cybersecurity policy, finalise the cybercrime bill, and operationalise the Access to Information Act 2022. Namibia implemented the Public Gathering Proclamation of 1989 to regulate public gatherings, including protests and demonstrations. A bill to reform this law would be tabled before Parliament in 2024. The right to privacy could be limited for purposes of national security and public safety, and maintenance of law and order. Limitation needed to be consistent with the provisions of the Constitution. Any person whose right to privacy had been unlawfully infringed upon could seek redress through the courts.
Namibia had a constitutional provision on the duty to preserve the natural environment and maintain natural ecosystems. The State had laws and policies in place to ensure sustainable development and full consideration of the rights of affected communities, particularly marginalised communities. All affected persons were consulted at various stages before projects affecting the environment commenced. Namibia had also taken steps to redress past injustices regarding indigenous peoples’ land ownership. A national land conference was held in 2018 to review progress in this regard. A Presidential Commission on Ancestral Land Claims and Restitution had been established, and a national resettlement programme for previously disadvantaged individuals was being conducted. In the reporting period, nine farms were acquired for the San community.
The Namibian Government remained committed to protecting and promoting human rights in the country to fulfil its obligations under its Constitution and the Covenant and ensure that no one was left out.
Questions by Committee Experts
Tania María Abdo Rocholl, Committee Chairperson, and several Committee Experts conveyed their sincere condolences regarding the recent passing of former President Geingob.
One Committee Expert said the Ombudsman’s Office reportedly remained under-resourced and lacked operational autonomy. What steps were planned to provide the Office with appropriate human and financial resources and the power to recruit its own staff? The Ombudsman bill would separate the Office from the Ministry of Justice and strengthen its independence. When would the bill be approved? What steps had been taken to ensure that public officials cooperated with the Ombudsman’s Office to ensure that it could carry out its mandate?
There were reports of corrupt practices by Government officials related to public procurement and concerns that the anti-corruption laws were enforced inconsistently. What steps had been taken to ensure that these laws were effectively implemented? How did the State party ensure transparency and public access to information concerning corruption? Persons found liable of false reporting were heavily fined and punished. When did the State party intend to adopt the draft Whistle-Blower and Witness Protection Acts?
Security officials had the right to use lethal force against persons attempting to evade arrest. Legal provisions on the use of force were inconsistent with the provisions of the Covenant. What measures were in place to bring legislation on the use of force in line with international human rights standards? There were over 500 annual allegations of excessive use of force by State officials in 2020 and 2021. What investigations into excessive use of force were carried out, what sanctions were handed down to perpetrators, and what reparations were provided to victims?
Another Committee Expert asked about measures to investigate past cases of enforced disappearance and to send remains of victims to families. Had all victims and their families benefited from reparation measures? Did the State party intend to publicly apologise for past human rights violations and set up a commission to seek justice for past violations? How was granting an amnesty for perpetrators consistent with the provisions of the Covenant?
There were serious shortcomings in the implementation of legislation covering the protection of local communities regarding development projects. One business had reportedly not obtained the necessary permits before undertaking oil exploitation activities. How was the State party ensuring that environmental legislation was properly implemented and that residents and indigenous peoples affected by development projects were protected?
One Committee Expert cited reports of denial of treatment and abuse of San people at health care facilities. What steps had been taken to address discrimination in access to health care, and increase health care facilities and staff who could speak indigenous languages?
It was welcome that the Supreme Court had ruled that same-sex marriages conducted overseas needed to be recognised by the State. However, discrimination against lesbian, gay, bisexual, transgender and intersex persons remained widespread. How was the State party tackling this discrimination? Were there training programmes for State officials to ensure that lesbian, gay, bisexual, transgender and intersex persons received appropriate protection and support? It was distressing that the State party had stated that it was unlikely that the 2007 Labour Act would be revised to include sexual orientation and gender identity as grounds for discrimination. How was this stance in line with the Covenant? Did the State party intend to repeal the common law crime of sodomy?
A Committee Expert said the State party had made great progress on gender equality, but gender-based violence remained prevalent and there was a lack of equality in access to marital property. How did draft bills address these issues? How did the State ensure that women in polygamous marriages truly entered such marriages willingly? There had been a decrease in gender-based violence cases in 2023. What were the reasons for this? How was the State party addressing gender-based violence targeting indigenous women? Had male engagement programmes on women’s rights been conducted country-wide? How did the State party ensure that specialised courts dealing with gender-based violence were working effectively, and that victims had effective access to courts? How was the State party working to address the backlog of cases of honour killings? Services for victims of gender-based violence were reportedly underfunded and understaffed. What measures were in place to ensure that rural and indigenous women had access to shelters? How were victims protected against reprisals?
A country-wide consultation had been held on abortion. Would this lead to the decriminalisation of abortion and measures to prevent illegal and unsafe abortions? There were ongoing concerns about the sterilisation of HIV-positive women without their prior and informed consent. How was the State party addressing this? Healthcare workers reportedly continued to deny health services to lesbian, gay, bisexual, transgender and intersex persons. How was the State party ensuring access to health services for these persons?
Another Committee Expert asked for disaggregated data on complaints of torture and other cruel, inhuman or degrading treatment committed by the police force, and reparations provided to victims. What was the timeframe for the adoption of legislation criminalising torture as a standalone offence? How would the State party support the Ombudsman to carry out its role as the national preventive mechanism and to conduct unannounced inspections of prisons?
Had Namibia adopted special measures to combat child labour and trafficking of children? What measures were in place to ensure a sufficient presence of labour inspectors in remote areas of the country? How many victims of child labour and exploitation had been identified in the reporting period? What assistance had been given to the 60 victims of trafficking identified by the State? Did courts hand down sufficient sanctions to perpetrators in cases related to child labour, sexual exploitation, and trafficking of children?
Responses by the Delegation
FESTUS KATUNA MBANDEKA, Attorney-General of Namibia and head of the delegation, said the Ombudsman had always been an independent office in terms of its operation. The Government had finalised a draft law that would give the Ombudsman’s Office the ability to have its own budget and to determine its own structure and operations. It would be debated this year in the National Assembly and submitted to the National Council for ratification. If State officers were not cooperating with the Ombudsman, it could escalate the matter to heads of State agencies. The code of conduct for public servants required public servants to respond to inquiries within a certain period.
There were allegations of corruption within certain institutions. The Public Prosecutor engaged with the boards of those institutions to instigate internal investigations. Criminal cases were instituted if evidence of corruption was found. The Government had started implementing the Witness Protection Act, while the Whistle-Blower Protection Act had been referred to Parliament for revision. The Government was working to finalise this legislation as quickly as possible.
Namibia’s legal framework regulated the circumstances under which police were able to use force. No laws authorised excessive use of force. Force was only permitted in circumstances where police officers were in danger.
After independence, conflicting parties negotiated to adopt the Constitution and the national reconciliation policy, and amnesty was granted for violations that occurred during the conflict. If the State party decided to prosecute those violations, it feared that past conflicts would flare up again. The process of searching for victims of enforced disappearance had concluded; no new evidence of the whereabouts of victims of enforced disappearance had emerged.
The Attorney-General said the Environmental Management Act stipulated what needed to be done by businesses to protect the environment. Businesses were required to conduct prior consultations with affected communities and traditional leaders before commencing development projects. The State also conducted impact assessments before projects commenced. Fines were imposed on companies that did not comply with the law. The Ombudsman was also mandated to investigate these issues and bring court proceedings against entities that it suspected had not complied with the law.
Between 2020 and 2022, Parliament could not function optimally due to the COVID-19 pandemic. This had led to delays in discussing draft bills. This year, various bills addressing issues such as gender-based violence and gender equality would be discussed in Parliament. Polygamy was a complex issue. It was regulated under customary law. If there was evidence that persons were forced to marry, marriages could be annulled and victims compensated. The Ministry responsible for gender was currently developing a new plan to combat gender-based violence, based on an assessment of implementation of the previous plan.
The Constitution guaranteed access to healthcare for all persons without discrimination. The Government had established health centres in rural areas based on the needs of the various categories of people who lived there, including indigenous peoples.
The Supreme Court had not considered any cases involving sexual orientation as grounds for discrimination. The Constitution defined the parameters of laws on discrimination. The law on sodomy and unnatural offences included provisions that were not consistent with the Constitution. It was currently being challenged in the Supreme Court.
The Minister of Justice was revising the draft bill on torture based on concerns raised about it. The State party could not provide a timeframe on when this bill would be adopted. The draft bill’s definition of torture would be consistent with that of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment. The Ombudsman had resources to carry out its mandate as the national preventive mechanism. Resources were not always sufficient due to the State’s overall budgetary restraints, which also hampered efforts to improve conditions in places of detention. The Government was committed, however, to aspire to international standards in this regard.
Forced labour and child labour were prohibited in the Labour Act and various International Labour Organization Conventions that Namibia was a party to. Resources had been allocated in the current budget to increasing the number of labour inspectors to improve the identification of child and forced labour. The Government was working to address the exploitation of Angolan nationals in the resource industry.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on efforts to promote cultural changes to discourage polygamy; resources available for shelters for victims of gender-based violence; the progress of discussions on the draft abortion and sterilisation act and on the legalisation of abortion; measures to protect the rights of persons with albinism; measures to address the concerns of families of disappeared persons; efforts to address allegations from sex workers that they could not report abuse to the police for fear of being arrested; assistance provided to identified victims of trafficking; efforts to obtain alternative, external resources to support the operations of the Ombudsman; data on investigations and prosecutions in corruption cases; and plans to amend legal provisions allowing for excessive use of force.
Responses by the Delegation
The delegation said all marriage relationships, including polygamous relationships, were by law voluntary. Polygamy was permitted to the extent to which it did not infringe on people’s rights. Persons who were abused in polygamous relationships could report such abuse, seek remedies in courts, and utilise State support services, including psychological support. The Ministry of Gender actively promoted these services. The Ministry had established 11 shelters for victims of violence against women across the country. The Ministry was mobilising resources to ensure that all shelters were fully functioning. Budgetary provisions were made each year for the shelters.
Discussions had been conducted in the parliamentary committee on gender equality on the revision of the Abortion and Sterilisation Act. The State party had also conducted public consultations on this matter. This process was now in its final stages. The State provided services to women who were at risk of resorting to unsafe abortions.
Sexual orientation was not listed as grounds for discrimination in State legislation, but there were legal protections covering such discrimination in the Constitution. Persons with albinism were entitled to the disability grant and received health care products and State scholarships to attend education. The police force had units created to deal with complaints of gender-based violence. Various kinds of support were provided to the 60 victims of trafficking identified by the State, including accommodation support and support to return to their countries of origin.
Questions by Committee Experts
A Committee Expert cited reports of excessively lengthy pre-trial detention due to slow or incomplete police investigations; a shortage of qualified magistrates, prosecutors and other court officials; the inability of many defendants to afford bail; and the lack of a plea-bargaining system. Close to 54 per cent of the prison population in Namibia were pre-trial detainees, with many having been in detention for years. What steps would be taken to encourage alternatives to pre-trial detention, including the use of affordable bail? How would the State party improve criminal investigations and monitor suspects who overstayed the constitutional remand period?
The Committee appreciated the State party’s efforts to upgrade and improve conditions in detention centres. However, there were reports of continued detention of juveniles with adults, overcrowding, and poor hygiene, medical facilities and food. How would the State party address these issues?
Another Committee Expert expressed concern about reports of increasing cases of unlawful arrest and detention of refugees at police stations. Could the delegation comment on this? What measures were in place to ensure that all asylum seekers were provided with information on asylum procedures in a language they could understand and effectively appeal asylum decisions? The conditions at the Osire refugee settlement were reportedly alarming. There was a lack of food, and transportation limitations and language barriers further hindered settlement residents from securing work. How was the State party addressing these issues?
There were numerous incidents of data breaches and cybercrimes in Namibia. Why had the cybercrime bill and the data protection bill been delayed? There were concerns that the SIM registration regime, set to come into force in April this year, threatened individuals’ right to privacy, increased the risk of identity theft, and created barriers to access to information technology services for marginalised people. SIM data reportedly had few protections and safeguards, and the State’s data retention period was lengthy at five years. What measures were in place to prevent hacking of the SIM database and data leaks? What permissions were required to access this database? Why was the mandatory SIM registration system necessary?
The Expert noted achievements in protecting child rights, such as the Child Care and Protection Act, and initiatives such as the national agenda for children 2018-2022 and the social protection policy 2022-2023. However, the State faced challenges in strengthening child protections online and combatting violence against children. What progress had been made in implementing the national action plan against violence against children? How many complaints of violence against children had been received in the reporting period?
Child marriage remained prevalent. What measures were in place to prevent child marriages and develop relevant legal and policy frameworks? What sanctions for child marriages had been handed down in the reporting period?
Gaps in birth registration, particularly in rural and indigenous communities, posed challenges in obtaining national identification cards, which were required for registering to vote and accessing State services. What initiatives were in place to increase the birth registration rate, particularly among the San indigenous peoples, and what challenges were there in this regard?
One Committee Expert said the number of legal advisors appointed by the State was very low, particularly in rural areas. What measures were in place to resolve this issue? Had greater resources been allocated to hiring attorneys in rural areas? Had the yearly budgetary allocation for legal assistance increased in line with the growing need? How did community courts exercise their jurisdiction in line with the provisions of the Covenant?
There was a generally favourable environment for the enjoyment of freedom of expression in Namibia. The State was ranked number 22 in the World Press Freedom Index. Civil society maintained that self-censorship continued to be a reality for those working in State media, however. Had monitoring bodies investigated this? Which Minister appointed board members of the National Broadcasters Committee, and how did the State prevent political meddling in the Committee’s activities? The Expert was concerned about allegations that journalists covering protests had been subjected to intimidation and harassment by the police. Could the delegation comment on these allegations? How had the law on the National Broadcasters Committee been amended?
A Committee Expert said the 1989 proclamation on public gatherings enforced criminal sanctions on the organisers of such gatherings who failed to comply with notification requirements. How many gatherings had been held during the reporting period? The police’s wide-ranging powers to break up gatherings were not in line with the Covenant. Police could break up gatherings if they felt they were not in line with public sentiment. Were spontaneous gatherings allowed under State legislation? Reports indicated that rubber bullets were used to break up May 2022 protests, and one journalist was shot in the leg. How were such responses in line with international standards and the Covenant? Would the proposed law on public gatherings address these concerns?
There was a low level of representation of indigenous peoples on regional councils and there was only one indigenous representative in Parliament. The Marginalised Communities Division only recognised certain indigenous communities. What measures would the State party take to recognise all indigenous communities, ensure their effective participation in policy making, and promote their representation in public bodies?
Another Committee Expert said the Constitution and State legislation did not explicitly recognise the rights of indigenous peoples. Did the State party intend to make these rights more explicit? Why did the State party not officially recognise the identities of different indigenous communities? There were concerns of a lack of recognition of certain indigenous chiefs who did not align with the ruling political party. How was the State party ensuring recognition of all indigenous chiefs?
How was Namibia obtaining free, prior and informed consent from indigenous peoples regarding development projects that affected them? Was the State party considering paying reparations to indigenous peoples affected by development projects? How did the State oversee businesses’ consultations and land survey practices? There were reports of the State blocking indigenous peoples from owning ancestral land. How would the State party support the San people and other communities to increase their control over their ancestral lands?
What steps had Namibia taken to allow indigenous peoples a choice regarding the land to which they were relocated under the State’s resettlement policy? What were the results of the recent review of the policy? Land provided to the San under this policy reportedly did not align with their hunter/gatherer lifestyle. What measures were in place to allow the San to access land suited to their lifestyle? What steps had the State party taken to enforce the provisions of the Communal Land Reform Act, which prohibited the erection of fences in communal lands?
Responses by the Delegation
FESTUS KATUNA MBANDEKA, Attorney-General of Namibia and head of the delegation, said the Constitution provided that detained persons needed to have access to courts within a reasonable period. Delays in court hearings were due to various issues, including high caseloads in certain courts, as well as detained persons’ applications for recusals of judicial officers and for additional time to prepare for court hearings.
The Correctional Services had a five-year plan to build and upgrade detention facilities. Improvements were being implemented progressively. There were no records of juveniles being housed with adults in prisons. Juveniles were rarely detained. There were six centres that produced food for detention facilities.
The Immigration Control Act and the Namibian Refugee Recognition and Control Act regulated how refugees and asylum seekers were treated. Assistance was provided to refugees and asylum seekers to access employment. All asylum seekers were issued with identity cards. At the Osire transit centre, the United Nations High Commissioner for Refugees provided support for asylum seekers to access food and other basic needs. The Government was seeking support from other international agencies to maintain and strengthen services offered in this facility.
The preparation of data protection and cybercrime legislation was almost complete. These draft laws would soon be sent to Parliament for approval. SIM registration was a common practice across the world that aimed to combat cross-border cybercrimes. Mechanisms had been implemented to safeguard the privacy of personal data collected by the State. The Communications Act regulated how information was handled. Information was not abused or misused by police officers and law enforcement agencies.
Various legal instruments provided protection for children, including the Child Protection Act, which included measures to protect children from harmful cultural practices and prohibited child marriage. Fines and a jail term of up to 10 years were imposed on persons who instigated child marriages. There were dedicated State agents who received complaints from children regarding abuse. Families and religious leaders were being sensitised regarding children’s rights and harmful cultural practices. The Ministry of Home Affairs had exerted efforts to ensure that the births of children could be registered in all hospitals in the country. Mobile teams also visited schools and rural areas to register unregistered children. Resources had been allocated to provide identification cards to all citizens. Schools were not allowed to turn away children who did not have identification documents.
The Constitution provided the right to a fair trial and to State-funded legal aid for persons not able to afford legal representation. A legal aid council had been set up in each magistrate’s office across the State. The legal aid regime was reviewed periodically. In cases where the State was not able to provide legal aid, it outsourced this function to private lawyers. More resources had been allocated in this year’s budget to address courts’ caseloads and strengthen legal aid.
Community courts applied the customary law of their communities. Their decisions could be appealed in magistrate courts. Assessors in community courts were trained by the State.
Namibia was a leader in Africa in terms of freedom of speech and freedom of the press. These freedoms were guaranteed by the Constitution and State legislation. All media houses, including State media, operated freely and had their own editorial policies and reporting standards. State media widely covered the positions of all political parties. Members of the board of the National Broadcasting Committee were appointed by the Ministry of Public Enterprise, but the board functioned independently. The delegation was not aware of any cases of political interference in State media.
A large protest was conducted in May 2022 concerning the Government’s gender-based violence policies. This protest became unruly, and police stepped in to maintain public order. In this incident, a journalist was caught in a clash between protesters and police and had unfortunately been injured. The Inspector General of the police could not refuse applications to conduct protests, and could only impose conditions in which protests could be held. Protesters needed to notify authorities 48 hours before conducting demonstrations so that authorities could maintain public safety and order. At one demonstration, police had used rubber bullets to prevent protesters from occupying private businesses.
All Namibians were indigenous. Certain indigenous communities had been deprived of their land by colonisers. The Government had developed measures to provide land to persons deprived of their ancestral lands, including the resettlement policy. The Government was not always able to resettle some communities in their ancestral lands, but exerted efforts to provide land for all communities in need of it. Certain criteria needed to be satisfied for traditional leaders to be certified by the State, but the assessment criteria did not require leaders to be aligned with the ruling political party.
Follow-Up Questions by Committee Experts
Committee Experts asked follow-up questions on efforts to improve conditions in police detention centres and broaden the use of alternatives to pre-trial detention; the number of refugees and asylum seekers who had obtained permits to leave settlement areas and engage in employment; methods of managing the SIM registration database and preventing data leaks; methods of reviewing the case registry of community courts and training members of the judiciary; the compatibility of the State’s stance on indigenous peoples with the United Nations Declaration on the Rights of Indigenous Peoples; measures for ensuring the equal rights of women in polygamous marriages; reasons for the low level of indigenous peoples in Government agencies; the reason for the lack of efforts by the State in preserving the memory of victims of the genocide that occurred in Namibia; measures implemented by Germany to meet its obligations regarding truth, justice and reparation in Namibia; and efforts by Namibia to prevent genocide globally.
Responses by the Delegation
The delegation said an order was issued by Germany in 1904 to exterminate a large portion of the Namibian population. Communities were subjected to a range of human rights violations. The State party was engaging with Germany on this issue, calling on it to acknowledge the genocide, issue an apology, and provide reparation to victims. No amount of money could heal the wounds caused by the genocide. Namibia was continuing to engage with Germany regarding truth, justice and reparation measures.
Concluding Remarks
FESTUS KATUNA MBANDEKA, Attorney-General of Namibia and head of the delegation, said Namibia had provided information throughout the dialogue regarding the implementation of the Covenant in the State. The delegation had taken note of the Committee’s concerns and the issues raised. The State party recognised the need to enhance current laws and policies. It would continue to pursue institutional reforms and policies to ensure the full implementation of the Covenant. The right to peace was the mother of all human rights; no human rights could be enjoyed in the absence of peace and stability. The State party had sought to ensure peace and stability as a foundation for strengthening the human rights of its people. Mr. Mbandeka closed by thanking the Committee and all persons who had contributed to conducting the dialogue.
TANIA MARÍA ABDO ROCHOLL, Committee Chairperson, said the dialogue had addressed issues relating to the Office of the Ombudsperson; corruption; the right to life; excessive use of force; alleged cases of enforced disappearance; environmental degradation and climate change; gender equality; marriage, divorce and polygamy; domestic violence and gender-based violence; abortion; the prohibition of torture; the elimination of slavery; trafficking in persons; preventing exploitation of children; the treatment of persons deprived of liberty, foreigners, migrants and asylum seekers; access to labour markets for refugees; the right to privacy; the law on child protection; access to justice; participation in public life; and the rights of minorities. The Committee was determined to promote the highest standard of civil and political rights in Namibia. Its concluding observations would contribute to this.
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