Namlex Appendix update

Namlex Appendix update

Namibia is one of the few countries in the world that makes international agreements automatically part of its law (Art 144 of the Namibian Constitution). This makes it important to know what treaties are binding on Namibia.

The NAMLEX APPENDIX includes the following multilateral agreements:

  1. International agreements binding on Namibia: These international agreements are fully binding on Namibia because they have been signed and ratified or acceded to by Namibia (or otherwise accepted) and are in force internationally.
  2. International agreements which will become binding on Namibia as soon as they come into force internationally: These are international agreements which have already been ratified or acceded to (or otherwise accepted) by Namibia, but have not yet satisfied the conditions of the international agreement for coming into force (often a minimum number of parties). While these agreements are not yet binding on Namibia, Namibia has taken all the necessary steps to express its consent to be bound to their terms as soon as they enter into force internationally.
    These treaties are indicated with an asterisk (*).
  3. International agreements signed but not yet ratified by Namibia: These are not binding on Namibia, regardless of whether or not they are in force internationally. They are listed here because signature of an international agreement indicates an intention to become a party to the agreement at some future point and prohibits acts in contravention of the object and purpose of the treaty.
    These treaties are indicated with a double-asterisk (**).
  4. Pre-independence treaties that appear to be binding on Namibia: The position of pre-independence treaties is discussed in detail in the accompanying Background Information document. Additional information on the date from which such treaties bind Namibia, or the method by which Namibia has become, or continues to be, a party to them, is provided in the “Notes” in the individual treaty entry.
    These treaties are indicated by a cross (†).

The NAMLEX APPENDIX does NOT include

  •  bilateral agreements;
  •  binding international law instruments that are not agreements (such as United Nations Security Council Resolutions); or
  •  non-binding international documents (such as memoranda of understanding).

It also provides helpful lists which will take you directly to the entry in the body of the NAMLEX APPENDIX text.

  1. Alphabetical list: One list includes all the global and regional agreements together in a single alphabetical list, with asterisks being used to indicate which treaties are potentially binding on Namibia because they are not yet in force internationally or because they have been signed but not yet ratified/acceded to by Namibia.
  2. Status list: The second list divides the agreements into status categories:
    (a) agreements binding on Namibia
    (b) agreements which will become binding on Namibia as soon as they come into force internationally
    (c) agreements signed but not yet ratified or acceded to by Namibia.1F2
  3. Treaty group list: The third list indicates certain related groups of treaties, since the titles of such treaties do not always make their connection clear. For example, the titles of the different ILO Conventions and SADC Protocols clearly group them together, but this is not true for the different ITU treaties which do not all indicate their connection to the ITU in the title. Not every treaty appears on this list.

Access to the full text download here.


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