PART ONE V. Recommendations The African Commission recommends that Namibia should: i. Ensure that economic, social and cultural rights guaranteed in the African Charter are justiciable, just like civil and political rights enshrined in the Bill of Rights of the Constitution of Namibia. IN RESPONSE The economic, social and cultural rights are not expressly guaranteed in the Namibian Constitution. In terms of Article 144 of the Namibian Constitution it is possible to invoke the Convention in a court of law or any tribunal, once a Convention or Covenant is signed and ratified. In this sense the court will give effect to the provisions of the ICESCR, as implementation does not require a change in the existing law. Thus, rights contained in the ICESCR can be claimed in terms of the Government’s international obligations under the Covenant. ii. Take measures to ratify, as soon as possible, and implement the following regional and international human rights instruments: a) The Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court, and make the Declaration under Article 34(6) on the same on Human and Peoples’ Rights; b) The African Charter on Democracy, Elections and Governance in Africa; c) The Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment; d) The Kampala Convention; e) The ILO Convention 169 on Indigenous and Tribal People; -2-