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providing for the right to political activity without any distinction as to
sex, and for the right of citizens to vote and be elected to public office.
The social status of women is closely linked to the broader struggle
for liberation and political context of Namibia. Racial discrimination in
Namibia is a matter of historical record. Since independence, the
practice and ideology of apartheid was relinquished. Rightly so. The
resultant vacuum was filled with the ideology of national reconciliation.
But national unity alone could not address the plight of the vast black
majority who have been directly impacted by the repressive laws and
policies of the apartheid government. One of the mechanisms fiercely
used by the incumbent SWAPO government, at the regional and local
authority level, was the introduction of affirmative action measures
aimed at achieving a gender balanced (re-)structuring of its public
service, reflective of the diverse racial and sex classes in the country.24
Articles 23(2) and (3) of the Namibian Constitution empower the
government through Parliament ‘to enact legislation providing directly
or indirectly for the advancement of persons within Namibia who have
been socially, economically or educational[ly] disadvantaged by past
discriminatory laws or practices’. In doing so, the government must be
mindful, in terms of article 23(3) to the ‘fact that women in Namibia
have traditionally suffered special discrimination and that they need to
be encouraged and enabled to play a full, equal and effective role in the
political, social, economic and cultural life of the nation’.25
The affirmative action provision under article 23 of the Namibian
Constitution should be read in conjunction with the principles of State
directives in article 95(a) of the Namibian Constitution, which directs
the central government to ensure ‘equality of opportunity’ for women.
Although of mere moral persuasion, article 95(a) of the Namibian
Constitution to a considerable extent gives a clear guideline to the states
policy of positive discrimination aimed at rendering a comparative
advantage to women over men, given the historical realities the world
over that left the female species exploited and politically marginalised.
However, the non-binding nature of article 95(a) of the Namibian
Constitution may account for the overt reality that till date, affirmative
action measures have not been legally moored; and that as such the
political empowerment of women in decision-making organs,
particularly at Parliamentary level, will depend and orient around the
whims and dictates of political parties without any security, more
specially the ruling party, which in recent years, have strengthen its
powers in central government.
In addition to articles 10, 23(2) and (3), and more broadly article
95(a) of the Namibian Constitution, a fragmented assortment of rights
can be traced, which in one form or the other are causally linked to
women. For example, the Constitution recognizes acquisition of
citizenship on the basis of equal parental lineage,26 equality in
marriage, either during or upon its dissolution, regardless of sex
24
25
26
See generally, art 23(2) Namibian Constitution.
See generally, art 23(3) Namibian Constitution.
Art 4(1)(c) Namibian Constitution.
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