IN RESPONSE
Considering the effect of Article 144 of the Namibian constitution on the reception
of rules of public international law and international agreements into the domestic
law, there is a need for thorough gap analysis of our current laws and the
obligations the state is to assume under a particular instrument.
The Government is currently examining its laws to appreciate the potential impact
of proposed/intended ratification of the instruments in question.
iii. Provide in the next Periodic Report information on the Implementation of
the provisions of Article 27, 28 and 29 of the African Charter
IN RESPONSE
Namibia regrets not having included information about the above mentioned
Articles in the last report which was submitted during 2010. Relevant and
necessary information regarding the above mentioned Articles is provided in
paragraphs 27, 28 and 29 below.
iv. Take measures to ensure the effective implementation of legislative
measures put in place to protect the rights of women especially the
Affirmative Action (Employment) Act No 29 of 1998 and the Combating of
Domestic Violence Act No 4 of 2003. Namibia should also provide in its next
periodic Report, disaggregated statistics in this respect;
IN RESPONSE
The Affirmative Action (Employment) Act, Act No 29 of 1998 requires specified
employers to prepare affirmative action plans setting forth steps to improve the
representation of people with disabilities and women, in the workforce. Progress in
implementing affirmative action measures is monitored by the Government through
the Employment Equity Commission. Non-compliance results in disqualification of
employers from state contracts and concessions.
According to the Annual Report for 2012/13 of the Employment Equity Commission
of Namibia, women comprised 45% of the total number of employees across all
sectors, while only 0, 4% are people with disabilities.2
It is also noteworthy to mention that the Traditional Authorities Act, Act No 25 of
2000, which provides procedures for official recognition of traditional authorities,
requires that they “promote affirmative action amongst the members of that
community” particularly by “promoting women to positions of leadership”.
2
See 2012/13 annual report on employment statistics annexed hereto, marked as annexure “A”
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