(2018) 2 African Human Rights Yearbook 137 social welfare based, economically inclusive and empowering. Clearly, such welfare based contributions to state and society would be of meaningful impact given the socio-economic shortcomings Namibia and many other African governments face. 3 LEGAL FRAMEWORK RELATING TO WOMEN’S POLITICAL EMANCIPATION IN NAMIBIA The claim for women’s political participation is deeply rooted in their legal recognition and provision, both through domestic and international instruments. These legal instruments place this claim within the ambit of states obligations, which obligations if not fulfilled can be enforced against a state. Namibia, like most of its African counterparts, has bound itself to numerous domestic, subregional, regional and global legal frameworks relating to women.15 In what follows, an analysis will be made of the legal measures relating to women’s political rights and their domestication in the Namibian legal setting. The section reflects on the domestication of article 9 of the Women’s Rights Protocol in the Namibian constitution and various other legislative instruments. 3.1 Constitutional protection The Namibian Constitution is a product of a struggle for sovereignty and human rights.16 Passed by the Constituent Assembly of 1989, the Constitution is an immediate reflection of the desired aspirations of the Namibian people. The opening statement in the Preamble of the Constitution resonates this point where it declares, ‘we the people of Namibia are determined to adopt a Constitution which expresses for ourselves and our children our resolve to cherish and to protect the gains of our long struggle’.17 As a product of international solidarity, it has received international acclaim and credibility.18 Its substantive 15 16 17 18 Namibia is a signatory to several international gender conventions, all of which uphold the principle of gender equality. Some of the notable international instruments include the International Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (1992), the Optional Protocol on the International Convention on the Elimination of All Forms of Discrimination Against Women (2000), the Beijing Platform for Action, the SADC Declaration on Gender and Development, the African Regional Platform for Action (1997), the African Charter on Human and Peoples’ Rights, and the African Charter on Women’s Rights (2004). SK Amoo & I Skeffers ‘The rule of law in Namibia’ in N Horn & A Bosl (eds) Human rights and the rule of law in Namibia (2010) 17. See generally, Preamble of the Constitution. E Schmidt-Jortzig ‘The Constitution of Namibia: An impressive example of a state emerging under close supervision and world scrutiny’ (1991) 34 German Yearbook of International Law 341-251; and OC Ruppel & K Ruppel-Schlitchting ‘Legal and judicial pluralism in Namibia’ (2011) 34 Journal of Legal Pluralism 37.

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