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.

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