PART TWO 1. THE GENERAL LEGAL FRAMEWORK, WITHIN WHICH THE CIVIL AND POLITICAL RIGHTS ARE PROTECTED The Constitution Chapter 3 of the Namibian Constitution incorporates all the fundamental human rights and freedoms contained in the ACHPR; particularly the civil and political rights which are all enshrined in the Namibian Constitution. In terms of Article 24 of the Namibian Constitution, certain rights cannot be derogated from or suspended even if a state of emergency has been declared. These are the right to life, fair trial, and the right not to be subjected to torture or to cruel, inhuman or degrading treatment or punishment. Article 6 of the Namibian Constitution explicitly abolishes death penalty. By virtue of Article 144 of the Namibian Constitution, the ACHPR is part of the Namibian domestic laws. The effect of Article 144 is that the rights and freedoms provided in the Charter are enforceable within Namibia by the judiciary and quasijudicial bodies. Undoubtedly, Chapter 3 of the Namibian Constitution is justiciable and it fully complies with the legal obligations as spelt out in Article 7 of the Charter. The Government respects, protects and fulfills the court rulings relating to the rights contained in the Charter. Article 5 of the Namibian Constitution further provides that the fundamental rights and freedoms enshrined in Chapter 3 shall be respected and upheld by the Executive, Legislature and Judiciary and all organs of the Government and its agencies, and by all natural and legal persons in Namibia, and shall be enforceable by the courts. Article 5 is strengthened and supported by Article 25 (2) of the Namibian Constitution, which gives the right to the aggrieved persons who claim that their fundamental rights or freedoms guaranteed by the Constitution have been infringed, threatened or violated, to approach a competent court for a remedy. In addition, Article 25(4) empowers the courts when dealing with cases of human rights violations, to award monetary compensation to the victims. - 20 -