Civil Society

NGOs working together strengthening Civil Society

Namibia is a signatory member to the UN and submits periodic reports detailing its progress in implementing civil and political rights obligations under the International Covenant on Civil and Political Rights (ICCPR).

The Human Rights Committee reviewed Namibia on 6th and 7th March 2024
“Concluding observations on the third periodic report of Namibia“

Our Director, Toni Hancox, was sponsored by the Centre for Civil and Political Rights to attend the presentation of Namibia’s report to the Human Rights Council under the Covenant of Civil and Political Rights.

The CCPR Center published this report on Namibia: Delays in the adoption of long overdue bills worry Human Rights Committee ahead of Namibia’s November 2024 elections highlighting all shortcomings

Indigenous Peoples

  • Ensure that indigenous peoples benefit fully from the National Resettlement Policy
  • Take appropriate measures with a view to promoting restitution of ancestral lands to indigenous peoples
  • Recognise the San, Himba, Ovatue, Ovatjimba and Ovazemba as indigenous peoples with concomitant rights
  • Ensure free, prior and informed consent of indigenous peoples before granting licences to extractive industries for the exploitation of resources on their lands

Report on land and indigenous issues as highlighted at this convention

The Namibian Constitution is the Supreme Law and provides for the entrenched rights to non-discrimination and equality (article 10), which includes the responsibility of the state to maintain the environment, ecosystems and the sustainability for all under Article 95.
However, after 34 years of independence, Namibia’s marginalised communities still face significant problems from the lack of legislative protection, the absence of representation at national dialogues, and other issues. Although the government has recently considered the implementation of the 2014 white paper (which is due for cabinet approval), challenges still persist. This fact raises concerns about possible human rights violations ranging from oil and gas explorations to drilling boreholes without requisite permits.
Namibia’s state engagement with the Human Rights Committee during the third periodic report in Geneva highlighted the need for better and more focused policy implementation regarding land ownership and inheritance, illegal fencing on communal land, and issues affecting indigenous people and marginalised communities.
The government commented on the Canadian oil and gas company ReconAfrica, which has allegedly complied with the requirements of the Environmental Management Act, stating that they had 300 engagements and public consultations with stakeholders, including local communities and their traditional leaders. According to the government, a full and detailed environmental impact assessment (EIA) study has been carried out, which has allowed ReconAfrica to lawfully acquire the clearance certificate.
However, this is far from reality. Communities in the Kapinga Kamwalye Conservancy (including Mbambi and Shakambu villages), Ncaute Community Forest (including Kawe and Ncaute villages), Ncumcara Community Forest, Likwaterera Community Forest (including Shiwandamo village), Khaudum North Complex (composed of George Mukoya Conservancy and Muduva Nyangana Conservancy) have petitioned against the operations of this company, stressing that the company has not conducted proper consultations with them and, in most cases, would only come for briefings which they referred to as consultations. The Canadian company has not only violated International human rights but also domestic laws of Namibia. Additionally, the company failed to conduct the required new and full environmental impact assessment (EIA) and merely amended an existing EIA from a previous drilling operation. On top of that, a 12-well drilling program was added, with no consultation with the public as required by the Communal Land Reform Act.
To conclude, the indigenous communities are often not consulted or do not participate in public consultation exercises. Therefore, they cannot raise their concerns. The lack of land of their own greatly contributes to the failure to address the needs of these minorities. The laws were not only broken but also undermined customary practices in obtaining consent for utilizing their land. Civil society has urged the government in discussions to implement measures that ensure oil and gas exploration and extraction projects in the Okavango East and West regions do not adversely affect the livelihoods and environments of indigenous communities.

Children

  • Increase access to state services for birth registration, particularly among marginalised communities in rural and remote areas.
  • Fully implement the National Plan of Action on GBV which protects children against all forms of violence.
  • Take necessary steps to combat online and offline child sexual exploitation and abuse.
  • Address the root causes of child marriage and other harmful cultural practices.

Children’s rights requested

The International Covenant on Civil and Political Rights (ICCPR) provides a framework for protecting the rights of individuals, including children. Several key areas within the ICCPR are relevant to addressing the challenges faced by children, particularly those in marginalized communities like the San.

Access to State Services for Birth Registration

The ICCPR recognizes the right of every child to be registered immediately after birth. This right is essential for children to access essential services such as education, healthcare, social protection and voting for elections once old enough. However, many children, especially those in rural and remote areas, are still not registered at birth. This lack of registration can lead to a cycle of disadvantage, as unregistered children are often excluded from accessing vital services and opportunities.   

To address this issue, states parties to the ICCPR should take steps to increase access to birth registration services, particularly for marginalized communities. This can be achieved through a variety of measures, such as:

  • Establishing mobile registration units to reach remote area
  • Raising awareness about the importance of birth registration

Protection Against All Forms of Violence

The ICCPR prohibits all forms of violence against children, including physical, sexual, and psychological violence. States parties to the ICCPR are obligated to take all necessary measures to protect children from violence. This includes implementing comprehensive laws and policies that prohibit all forms of child abuse and exploitation, as well as establishing effective reporting and response mechanisms.
The National Plan of Action on Gender-Based Violence (GBV) is a crucial tool for protecting children from violence. States parties should fully implement this plan, ensuring that it addresses the specific needs of children and includes measures to prevent and respond to all forms of child abuse and exploitation.

Combating Child Sexual Exploitation and Abuse

The ICCPR prohibits the exploitation and abuse of children. In recent years, the internet has emerged as a platform for child sexual exploitation and abuse. States parties to the ICCPR must take steps to combat online and offline child sexual exploitation and abuse. This includes:  

  • Strengthening laws and regulations to criminalize online child sexual exploitation and abuse
  • Enhancing international cooperation to track and prosecute offenders
  • Raising awareness about the risks of online exploitation and abuse
  • Providing education and support services to victims

Addressing the Root Causes of Child Marriage and Harmful Cultural Practices

The ICCPR prohibits child marriage and other harmful cultural practices that violate the rights of children. States parties to the ICCPR should take steps to address the root causes of child marriage and other harmful practices. This includes: 

  • Promoting education for girls
  • Empowering women and girls
  • Challenging harmful social norms and stereotypes
  • Providing legal and social support services to victims of child marriage and other harmful practices

By addressing these issues, states parties to the ICCPR can help to ensure that all children, regardless of their background or circumstances, enjoy their full rights and have the opportunity to reach their full potential.

The committee further advised the state party of Namibia to guarantee the realization of children’s rights in compliance with the convention, the Optional Protocol on the Involvement of Children in Armed Conflict, and the Optional Protocol on the Sale of Children, Child Prostitution, and Child Pornography. Insofar as it affects children, it impels the state party to guarantee the meaningful involvement of children in the formulation and execution of policies and initiatives.

In conclusion, making children’s rights a reality should be a cornerstone of political agendas in Namibia’s 2024 elections. The future prosperity of Namibia hinges on how well it nurtures its youngest citizens today. Elected leaders must prioritize a legislation that protects children’s rights and ensures that they have access to essential services like education and healthcare. By doing so, they will not only fulfil national obligations but also contribute significantly to the custodians of our tomorrow.