142
Kariseb/Implementation of article 9 of the Women’s Rights Protocol in Namibia
In the context of women’s political empowerment the Affirmative
Action (Employment) Act of 1998 was introduced.40 The Act is highly
significant given the high rate of unemployment of previously
disadvantaged communities, and skewed income distribution and
generation between men and women. The Act firstly identifies women
as one of the designated groups of previously disadvantaged persons
that need legal protection.41 Its primary objective is ‘to ensure that
persons in designated groups enjoy equal employment opportunities at
all levels of employment and are equitably represented in the workforce
of relevant employers’.42 Section 19 of the Act makes provision for
preferential treatment to suitably qualified persons of designated
groups.43 The Affirmative Action measures sought through the
Affirmative Action Act, primarily through the legal recognition of
women as a previously disadvantaged group, may formally hold a
substantive basis for the proliferation of women in authoritative organs
and platforms, and ultimately in political spaces, predominantly
dominated by men.
Another notable means through which legislation have been used to
empower women is through legislative affirmative action measures.
Legislative affirmative action measures, broadly refers to the legislative
reservation of seats and or quotas for women. Legislative affirmative
action measures have been mostly manifest in legislation establishing
parastatals and other State-owned enterprises, organs and institutions.
Thus, for example, the Sports Act,44 Communal Land Reform Act,45
Traditional Authorities Act,46 and the Electoral Act,47 all require a
certain number of women to be appointed to leadership structures and
organs administered under these legislations.
The above legislative framework depicts political commitment,
however marginal, on the side of government. In its present form, the
existing legal outline especially within the legislative ambit reasonably
provides for a substantive basis in law for women’s political
emancipation. It is also worth mentioning that women generally have
been legally empowered in other socio-economic areas, at least in so far
as the law is concerned. For example, the Combating of Domestic
Violence Act,48 and the Combating of Rape Act,49 are examples of
legislative measures aimed at protecting and empowering women
socially.
39
40
41
42
43
44
45
46
47
48
49
As above.
29 of 1998.
Sec 18(1)(b) of the Act.
See generally, section 17 of the Act.
The Act also extends to instances where two or more persons of designated groups
may be suitably qualified and provides that in such instances preference should be
given to a female candidate. See generally section 19(2) of the Act.
13 of 2003.
5 of 2002.
25 of 2000.
5 of 2014.
4 of 2003.
8 of 2000.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents