Legal Assistance Centre-Namibia

KEY PUBLICATIONS
GENDER RESEARCH & ADVOCACY PROJECT

Read How to Claim Child Maintenance, released in 2008

The following documents are available via pdf download or by visiting the LAC office in Windhoek, unless otherwise stated.

REFERENCE WORKS
Advocacy in Action: A guide to influencing decision-making in Namibia (2007)
Price for hard copy: N$ 50.
Advocacy in Action is a practical training manual on advocacy skills. It explains how laws are made in Namibia, and the step-by-step process for organising an advocacy campaign, with details on strategies such as planning public meetings, putting together a petition and issuing press statements. It is illustrated throughout with photographs of real-life advocacy, and with case studies of advocacy campaigns by a range of NGOs in Namibia – highlighting the things that worked well as well as the mistakes that provide lessons for the future. The manual was originally published in 2004 and updated in 2007. 2004 edition also available.

Gender & International Human Rights Law (2005)
Price for hard copy: N$50.
This document, published in 2005, gives background explanations for Namibia’s international commitments on gender and includes the texts of relevant international agreements.

Namibia Domestic Violence and Sexual Abuse Service Directory (1999; 2005)
Price for hard copy: N$ 50.
This publication is a directory of organisations providing services to persons who have suffered domestic violence or sexual abuse. The directory includes details about the services offered by different organizations as well as their contact information. The services are also listed by region so that you can easily find out what is available in your area. This directory was first published in 1999 and updated in 2005.

NAMLEX: Index to the Laws of Namibia (1997, with updates in 1999, 2000, 2001, 2002/03, 2004)
Hard copies no longer available.
This is an index to the laws in force in Namibia, available online. Hard copies are no longer provided. We urge legal practitioners to contact us with information about any errors or omissions so that we can make this publication as accurate as possible.

RESEARCH REPORTS

Protection for Women in Namibia's Communal Land Reform Act: Is it Working (2008)
This study investigates the extent to with the provisions of the Communal Land Reform Act are known to women and whether those who do know the provisions are able to claim their rights as stipulated in the Act. The study poses the following questions:

Are widows under family or social pressure to refuse allocation of their deceased husband's land, and if so, who exercises this pressure?

What happens when a widow elects not to stay on the land or there is no widow to inherit the land? What are the possible gender impliactions of land going to the children of the deceased identified by Traditional Leaders?

How are polygamous marriages dealt with since teh Communal Land Reform Act does not specifically provide for this?

Are widows being charged for realloaction, and if so, how does the payment compare to normal land allocation fees?

What happens to hand rights when a widow who inherited the land rights of her deceased husband remarries?

Rape in Namibia: An Assessment of the Operation of the Combating of Rape Act 8 of 2000 (2007)
Rape in Namibia: Summary (2007)
This extensive research report assesses the implementation of Namibia’s Combating of Rape Act 8 of 2000. It is the first comprehensive study of a particular crime in Namibia. In order to ensure a complete and accurate picture of rape in Namibia, the data in the study has been drawn from a wide range of sources – including police statistics, 409 police dockets, entries in court registers for 547 rape cases and interviews with 58 key informants including police, doctors, prosecutors, legal aid lawyers, magistrates and rape survivors. The preliminary findings were discussed at a consultative workshop attended by 33 participants from 6 regions, and their input has been incorporated into the final report. The report contains detailed, concrete recommendations for improving the implementation of the law.

Unravelling Taboos (2007)
This book is a collection of nineteen essays by prominent academics and analysts who seek to unravel the misconceptions, stereotypes and taboos surrounding the concepts of gender equality, sexuality and sexual rights in Namibia. The essays are drawn from recent academic research on the dynamics of gender and sexuality in Namibia, making the research findings accessible to the general reader. It deals with a number of controversial topics, such as:

the ways that rural men and women learn (or fail to learn) about sexuality

the manipulation of African “tradition”

the social attitudes which support child rape

the factors which shape adolescents’ attitudes about sex in Namibia

gay and lesbian sex amongst Namibians

the potential impact of decriminalising sex work

different concepts of power and sexuality amongst different ethnic groups

different understandings of the concept of “equality”.

Marital Property in Civil and Customary Marriages: Proposals for Law Reform (2005)
Price for hard copy: N$50.
This is a technical legal document intended for policy-makers, lawyers and other specialists. It examines issues such as default marital property regimes, antenuptial contracts and lobola. This publication looks at some of the pros and cons of possible law reforms on issues such as these, drawing on examples from other countries around the world.

Inheritance Issues: Information and feedback from community consultations on inheritance law reforms (2005)
Price for hard copy: free while stocks last.
This magazine-style publication presents options for law reform and records the feedback of 80 participants from all walks of life in different parts of Namibia who attended a workshop hosted by the Gender Research & Advocacy Project in 2005. It also records feedback from separate discussions and includes some information on the experience of neighbouring African countries. This is a short and accessible introduction to the topic.

The Meanings of Inheritance: Perspectives on Namibian Inheritance Practices (2005)
Price for hard copy: N$50.
This book is a collection of essays based on academic research on inheritance. There is much detailed information about the inheritance practices of different communities which is buried in long documents that are not easy for most people to understand. This book contains summaries of research which provides insight into the complex role of inheritance in different communities.

Customary laws on Inheritance in Namibia: Issues and questions for consideration in developing new legislation (2005)
Price for hard copy: N$20.
This is a report of an in-depth study which contrasts a patrilineal system (Vaalgras, which combines some Herero and Khoekhoegowab traditions), a matrilineal system (Owambo customary law in Oshikoto, Ohangwena and Omusati regions) and a double descent system (Herero customary law in Epukiro and Okakarara). The research also draws on historical material and interviews with a variety of individuals. The report also includes information on approaches to inheritance in South Africa, Ghana, Zambia and Zimbabwe. It concludes with a range of recommendations for law reform in Namibia.

Whose Body Is It? Commercial Sex Work and the Law (2002)
Whose Body Is It? Summary (2002)
Price for hard copy of full report: N$100.
Price for hard copy of summary: N$50.
"Prostitution", or "sex work", is an issue which is likely to arouse strong feelings in Namibia. This report is not intended to provide moral approval or condemnation of sex work. The goal is to provide information which can produce a more informed debate about sex work in Namibia, with an emphasis on the human rights aspects of the issue.

One day we will all be equal: A Socio-Legal Perspective on the Namibian Land Reform and Resettlement Process (2002)
Price for hard copy: N$50.
This paper looks at conditions on Namibia’s resettlement farms, with a special emphasis on gender perspectives.

50/50: Options for Namibia (2001)
No hard copies available.
This paper, commissioned by the Namibia Women’s Manifesto Network and Sister Namibia, examines mechanisms for implementing affirmative action at all levels of government and their potential applicability to Namibia.

Proposals for Divorce Law Reform in Namibia (2000)
Hard copies no longer in stock.
This report analyses a representative sample of High Court divorce files spanning a five-year period, to which a detailed questionnaire was applied. The study aimed to obtain detailed information about the current approach to divorce, and to ascertain whether there are ethnic or regional patterns which could provide insight into the accessibility of formal divorce procedures. The report also includes proposals for law reform on divorce.

Proposals for Law Reform on the Recognition of Customary Marriages (1999)
Hard copies no longer in stock.
This paper explores possible legal reforms for the recognition of customary marriages in Namibia. It emphasises recognition rather than merely registration, since registration may or may not be a prerequisite for recognition. The paper includes brief background material, a summary of the available statistics on marriage and divorce in Namibia, an overview of the current characteristics and status of customary marriage, an examination of the position of customary marriage in a sampling of other countries and preliminary recommendations for Namibia. It is hoped that this paper will be helpful in the formulation of proposals which can be used as the basis for community consultation.

Affirmative Action for Women in Local Government in Namibia: The 1998 Local Government Elections (1998)
Price for hard copy: free.
This report assesses the effectiveness of the provision for affirmative action for women embodied in the Local Authorities Act, No. 23 of 1992. It focuses on the 1998 elections, but also summarises findings from an earlier assessment of the 1992 local government elections. The document provides an analysis of the results for women candidates in all constituencies, and discusses the attitudes of politicians and voters to women in politics.

Living and Working Conditions of Domestic Workers in Namibia (1996)
Price for hard copy: free.
This report is the result of a national survey conducted in 1996 in response to the establishment of a government commission of enquiry.

POETRY
Petrus Haakskeen, So cry the abused mother and child: Poetry on violence against women and children (2004)
Price: N$20.
Domestic violence is one of Namibia's most widespread and pressing human rights issues. These poems powerfully depict the violence perpetrated against women and children, with illustrations of positive solutions to the problem contributed by secondary school children. The book is provided free of charge to secondary school libraries and civil society organizations. Others will be charged cost price.

CONFERENCE PAPERS
M Ovis, “Women’s Land and Property Rights, The Missing Link: Proposals for the Reform of Inheritance Laws in Namibia” (2005)
This paper was presented at the National Conference on Women’s Land and Property Rights and Livelihoods in Namibia with a special focus on HIV and AIDS in Windhoek, 6-8 July 2005.

D Hubbard, “Parliament and Civil Society: Ideas for Increasing Public Participation in the Law-making Process” (2004)
This paper makes recommendations for steps which could be taken to improve the possibilities for dialogue between Parliament and civil society. It was presented at a workshop hosted by the South African Institute for International Relations in Windhoek in 2004, which was part of a regional initiative on Parliamentary support.

D Hubbard, “Gender and Law Reform in Namibia” (2000)
This paper, produced in 1999, was presented at a University of Namibia (UNAM) Law Faculty conference entitled "10 Years of Nationhood", held in September 2000. An edited version appeared in a book of the conference proceedings.

P Caplan, "Namibian Men Against Violence Against Women" (2000)

D Hubbard, “Engaging in Engaging Research” (1996)
This paper was presented at a workshop on research and research methodologies hosted by the Centre for Applied Legal Studies of the University of the Witwatersarand in Johannesburg, South Africa. It describes the activist approach to research taken by GR&AP.

EDUCATIONAL MATERIALS
How to Claim Child Maintenance (2008)
This cartoon has been produced to explain how a woman can claim maintenance
payments from the father of her child. The cartoon is based on the Maintenance
Act 9 of 2003. The cartoon explains the law using the example of Lukas, a 4 year
old child and his parents Maria and Simon.

Summary of LRDC Proposals for Divorce Law Reform (2005)
This is a simple-language summary of the Law Reform and Development Commission proposals for divorce law reform, with questions to guide public discussion.

Summary of LRDC Proposals for Law Reform on the Recognition of Customary Marriage (2005)
This is a simple-language summary of the Law Reform and Development Commission proposals for law reform on the recognititoin of customary marriage, with questions to guide public discussion.

Guidelines for Service Providers on Rape (2005)
These guidelines are intended for professionals who deal with persons who have suffered rape – police, medical personnel, prosecutors, magistrates, social workers and counselors. The goal is to set the standard for a consistent and sensitive professional response. These guidelines were actually drafted by members of the professions in question. The draft guidelines were then circulated to professionals from every region in the nation for comment. They were discussed in numerous workshops, and revised in light of the comments received.

Guidelines for Service Providers on Domestic Violence (2005)
These guidelines are intended for professionals who deal with persons who have suffered domestic violence – police, medical personnel, prosecutors, magistrates, social workers and counselors. Like the guidelines on rape, these guidelines were developed through a national consultative process.

Guide to the Maintenance Act (2004)
Languages: English, Afrikaans, Khoekhoegowab, Otjiherero, Oshiwambo, Rukwangali.
In the past, the difficulty of securing child support from absent fathers has been a key issue affecting children’s welfare and women’s economic independence. The Maintenance Act 9 of 2003 has made significant changes to the maintenance system, to make it more efficient. This booklet explains the new maintenance system in simple language, including a step-by-step guide to seeking a maintenance order. The English version also reproduces the key forms needed to apply for a maintenance order and explains how to complete them.

Guide to the Combating of Domestic Violence Act (2004)
Languages: English, Afrikaans, Khoekhoegowab, Oshiwambo, Otjiherero.
This booklet covers the Combating of Domestic Violence Act 4 of 2003. The new law is explained in simple language, with illustrations and examples. The booklet gives a step-by-step explanation of how to apply for a protection order. The English version reproduces the key forms needed to apply for a protection order and explains how to complete them.

Guide to the Combating of Rape Act (2001)
Languages: English, Afrikaans, Oshiwambo, Khoekhoegowab, Otjiherero, Rukwangali, Silozi.
The Combating of Rape Act 8 of 2000 was a major milestone in Namibia’s battle against gender-based violence. This law is one of the most progressive pieces of legislation on rape in the world. This booklet examines the law in detail, with illustrations and examples.

Guide to the Married Persons Equality Act (2001)
Languages: English, Afrikaans, Nama/Damara, Oshiwambo, Otjiherero, Rukwangali, Silozi.
This booklet contains a detailed explanation of the Married Persons Equality Act 1 of 1996. It explains this law in simple language and gives examples to help people understand it.

Epupa Debate: A summary of some of the key issues around the proposed hydropower scheme on the lower Kunene River (1998)
Languages: English, Otjiherero.
This booklet contains a collection of articles written for publication in The Namibian (newspaper) from November 1997 to January 1998. The articles were written to present the most important aspects of the Epupa debate to the Namibian public in an easily comprehensible manner. There was a high level of public interest in the debate but the feasibility study conducted on the scheme was a highly technical document comprising numerous volumes of data which people found hard to understand. The articles emphasise the human rights issues involved, drawing from the reports of sociologists and anthropologists concerning the impact of the scheme on the Ovahimba community living in the vicinity, with the goal of promoting a more informed public debate.

Read GR&AP newspaper articles