(2018) 2 African Human Rights Yearbook
137
social welfare based, economically inclusive and empowering. Clearly,
such welfare based contributions to state and society would be of
meaningful impact given the socio-economic shortcomings Namibia
and many other African governments face.
3
LEGAL FRAMEWORK RELATING TO
WOMEN’S POLITICAL EMANCIPATION IN
NAMIBIA
The claim for women’s political participation is deeply rooted in their
legal recognition and provision, both through domestic and
international instruments. These legal instruments place this claim
within the ambit of states obligations, which obligations if not fulfilled
can be enforced against a state. Namibia, like most of its African
counterparts, has bound itself to numerous domestic, subregional,
regional and global legal frameworks relating to women.15 In what
follows, an analysis will be made of the legal measures relating to
women’s political rights and their domestication in the Namibian legal
setting. The section reflects on the domestication of article 9 of the
Women’s Rights Protocol in the Namibian constitution and various
other legislative instruments.
3.1
Constitutional protection
The Namibian Constitution is a product of a struggle for sovereignty
and human rights.16 Passed by the Constituent Assembly of 1989, the
Constitution is an immediate reflection of the desired aspirations of the
Namibian people. The opening statement in the Preamble of the
Constitution resonates this point where it declares, ‘we the people of
Namibia are determined to adopt a Constitution which expresses for
ourselves and our children our resolve to cherish and to protect the
gains of our long struggle’.17 As a product of international solidarity, it
has received international acclaim and credibility.18 Its substantive
15
16
17
18
Namibia is a signatory to several international gender conventions, all of which
uphold the principle of gender equality. Some of the notable international
instruments include the International Convention on the Elimination of All Forms
of Discrimination Against Women (CEDAW) (1992), the Optional Protocol on the
International Convention on the Elimination of All Forms of Discrimination
Against Women (2000), the Beijing Platform for Action, the SADC Declaration on
Gender and Development, the African Regional Platform for Action (1997), the
African Charter on Human and Peoples’ Rights, and the African Charter on
Women’s Rights (2004).
SK Amoo & I Skeffers ‘The rule of law in Namibia’ in N Horn & A Bosl (eds)
Human rights and the rule of law in Namibia (2010) 17.
See generally, Preamble of the Constitution.
E Schmidt-Jortzig ‘The Constitution of Namibia: An impressive example of a state
emerging under close supervision and world scrutiny’ (1991) 34 German
Yearbook of International Law 341-251; and OC Ruppel & K Ruppel-Schlitchting
‘Legal and judicial pluralism in Namibia’ (2011) 34 Journal of Legal Pluralism 37.
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