PART THREE 30. IMPLEMENTATION OF THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS ON THE RIGHTS OF WOMEN IN AFRICA This is the initial report on the Protocol, under discussion. The Ministry of Gender Equality and Child Welfare gathered and compiled this part of the report based on information provided by other line ministries and relevant non-governmental organizations (NGO’s) and Civil Society who were consulted and given the opportunity to comment on the draft report. 31. ARTICLE 2: ELIMINATION OF DISCRIMINATION AGAINST WOMEN LEGAL FRAMEWORK AND ADMINISTRATIVE MEASURE ADOPTED IN RELATION TO WOMEN’S RIGHTS 32. The Constitution Article 10 of the Namibian Constitution refers to equality and freedom from discrimination. Sub-article (1) provides that all persons shall be equal before the law. While Sub-article (2) provides that no persons may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status. Article 95 (a) of the Namibian Constitution mandates Parliament to promote the welfare of its citizens through the empowerment of women, by adopting legislation aimed at ensuring equality of opportunity for women, equal pay for equal work between men and women, and providing maternity benefits to women. By virtue of Article 144 of the Namibian Constitution, the Charter and the Protocol is part of the Namibian domestic laws. The effect of Article 144 is that the rights and freedoms provided in the Protocol are enforceable within Namibia by the judiciary and quasi-judicial bodies. 33. Legislation Parliament passed the following legislation to create an enabling environment for gender equality. - 48 -