140 Kariseb/Implementation of article 9 of the Women’s Rights Protocol in Namibia differences,27 the acquisition and ownership of property in any part of Namibia,28 and the peaceful participation of women in political activity intended to influence the composition and policies of government.29 As is custom under most common law Roman-Dutch traditions, Namibia has not been spared from recognizing African customary laws and practices in its legal system. The explicit inclusion of customary law under article 66 of the Namibian Constitution bears reference to this fact. In the premise, traditional customary laws and practices and the inherited Roman-Dutch common law often have to compete for the allegiance of its subjects. For many in Namibia, customary living is a daily occurrence, a means of human existence. Notwithstanding the fact that customary law is valid law, its application by the various traditional authorities undermines the prospects of women in decisionmaking processes. Most, if not all traditional authorities in Namibia, deeply entrench the practice of male dominance in decision-making processes. Women’s presence is reserved to domestic chores. The superiority of the male figure permeates traditional settings. The promulgation of the Traditional Authorities Act in early 2000 slowly brought changes, and a few traditional authorities, such as the Oukwanyama and !Xoo traditional authorities are headed by women. Clearly the rights framework within the Namibian Constitution is firm in its purported integration of women within mainstream society. By providing a rights centred basis to women, their formal inclusion in political spaces is guaranteed. 3.2 Legislative and policy-oriented protection The legislative protection of women’s rights in Namibia gained momentum in the late 1990s, with the promulgation of a plethora of legislation addressing issues such as gender-based violence, rape, marriage equality and affirmative action. The wave of these pieces of legislation came at a time when women’s issues, unlike in the past, were gaining momentum and interest from international political organs, institutions and organisations. The completion of the Beijing Conference in 1995 gave birth to a new era of women’s rights concentration, especially in Southern Africa that was undergoing drastic political transformation at the time30 that were closely monitored by the international community, particularly the UN. The 27 28 29 30 Art 14(1) Namibian Constitution Art 16(1) Namibian Constitution. Art 17(1) Namibian Constitution. For example, Namibia, Africa’s last colony had just recently gained independence from the Christian Nationalist apartheid government in South Africa. In Zambia, for example, multi-party democracy was introduced and Kenneth Kaunda, the long-standing socialist leader who headed the country since its independence from Britain in 1982 ceded defeat to Frederick Chiluba. In South Africa, at the time political changes were taking place. Nelson Mandela had just been released in February 1990, apartheid had been relinquished and the African National Congress (ANC) was about to take over power. Civil Society organisations had by then long started with the drafting of model Constitutions for a new South Africa.