2.5 Civil and Political Rights
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"Everyone has the right to take part in the government
of his (or her) country, directly or through freely chosen
representatives. Everyone has the right to equal access
to public services in his (or her) country." -Universal Declaration of Human Rights, Article 21 |
Voters register in high numbers during Constituent Assembly (CA), National Assembly (NA), RC and Local Authority (LA) elections and voter turnout, though declining over time, does respond to increased competition and new opportunities. The constitutionally protected rights are respected by government in everyday life. In terms of routinising rights enforcement, horizontal accountability agencies (competitive media, the Ombudsman’s Office, the Office of the Auditor-General, Corruption Commission and the courts) are in place to sustain the rights enforcement and compliance from the government side.
However, three critical challenges to fulfilling civil and political rights for all Namibians have emerged from the analysis: the widening of democracy for all; the slow pace of decentralisation and devolution of powers; and, lack of gender equality and women’s empowerment.
The Widening of Democracy for All
Statement of Rights Unfulfilled
Despite significant progress in securing and protecting the civil and political rights of all Namibians,
challenges remain in recognizing these rights for everyone. Lingering ethnic, racial, cultural and
linguistic divisions continue to divide parts of the country. The cultural status of minorities such as the
San communities in the Omaheke Region and the West Caprivi are of particular concern. Meanwhile,
the spread of HIV/AIDS is hampering efforts at making democracy available and accessible to all.
Causality Analysis
Despite Government efforts at national unity and reconciliation there remains a politicization of race
and ethnicity. The politics of ethnicity is complex, since it is tied to competition for resources (such as
land), issues of citizenship, institutional choice and social capital. Perceptions of ethnic inclusion and
exclusion can provide fertile ground to fuel the embers of ethnicity and to mobilize on ethnic grounds.
The principal immediate cause of unfulfilled rights of cultural minorities, such as the San, is the nonrecognition by Government of some of their traditional leaders, such as in the case of the West Caprivi. Government has officially recognized the Traditional Authorities of only two of the six broader San groups in Namibia, namely the !Kung and Ju / ‘ hoansi of Tsumkwe Districts West and East respectively. 216 The other groups continue to struggle to assert their right to recognition of their traditional authorities, without which the San cannot participate in decision-making on land allocation. The Khwe of West Caprivi fall under a local Humbukush Chief, which makes it difficult for them to put forward and implement their development plans. Although MRLGH, under whose jurisdiction traditional authorities resort, did mandate a high level investigating committee to reinvestigate and finalise the recognition claim by the Khwe Community, the Community is still awaiting a final decision on the matter. The San community living in the N+a Jaqna Conservancy in the Tsumkwe West District have been experiencing various rights violations, ranging from overgrazing of land by other ethnic groups and illegal cutting of trees.217
Research into the impact of the AIDS pandemic on the SADC region, the epicentre of the AIDS pandemic, identified key areas of democratic governance that have been influenced by the pandemic.218 These include: the electoral system, electoral administration and management, voter participation and voter rolls. Elections provide a key arena for considering the potential impact of AIDS, since they constitute a vital component of democratic governance and have a direct bearing on stability, accountability and public participation. AIDS is also likely to affect the management and administration of elections because the loss of skilled human resources needed to mount and manage elections. AIDS has an impact on the all-important aspect of citizen participation in elections. The burden that comes with AIDS eats into the time and resources of a potential voter. Illness, funerals and orphans all reduce participation in politics. Moreover, politics generally, and elections specifically, may well become a lesser priority as persons and families affected by AIDS struggle for survival. Parties with regional appeal or with a high percentage of younger voters might see their support bases erode more rapidly, with reduced subscription and resultant effect on their ability to compete. Governments are losing personnel, operating costs are increasing and the HIV/AIDS is undermining the turnover of the private sector, thereby negatively impacting employment potential and tax revenues. The epidemic is also putting a considerable burden on regional and local authorities. Sick leave is expected to rise sharply over the 2001-2012 period and payroll costs are expected to rise between 1% and 2% due to HIV/AIDS alone. 219
Root Causes
The pre-Independence government deliberately tried to physically and socially divide the population
across ethnic, racial, cultural and linguistic lines. This was made easier because Namibia is a large
country with a very diverse population. At the root of the problem of the unfulfilled rights of small
cultural minorities such as the San, is their low social status in society, arising from various other
factors including low levels of education, poverty, English proficiency (the official language), the
near-absence of community-based San organizations and social disintegration. The root cause of
HIV/AIDS threatening the democratic process is the massive impact the disease is having on those
who work in politics and on potential voters.
Role Analysis
The Government is committed to national reconciliation and it has a duty to unite the country and not
allow divisions of any kind to threaten democracy and the rights of its citizens, especially vulnerable
minority groups. Members of cultural minorities have the duty to participate in politics by contesting
elections; otherwise they will remain behind in the political process. As citizens, members of cultural
minorities also have a duty to educate themselves on their human rights and duties. In relation to
political institutions, members of cultural minorities should support political parties that favour and
promote their development. Community leaders have a duty to bring human rights issues and
concerns to the attention of Government and the broader Namibian public and to build unity between
groups so that collectively they can ensure protection of their human rights at local, regional and
national level.
Political parties, as duty bearers in relation to cultural minorities, should empower members of such communities through capacity building and leadership training. The national Government, as duty bearer to all citizens, should set appropriate policies that encourage broad citizenship participation in politics. The Government should also design and implement appropriate capacity building programmes for marginal communities. The NGO sector, civil society and the international community should encourage the Government to design and implement appropriate policies and to assist with capacity building. Political parties have a duty to encourage citizens, especially those from minority and vulnerable groups to take an active part in political life, thereby both blunting the massive effects from HIV/AIDS and making every Namibian feel integral to the political process.
Capacity-gap Analysis
The Government needs to encourage the populace to heal ethnic, racial, cultural and linguistic
divisions, embrace national reconciliation and continue towards the type of society envisioned in
Vision 2030, while at the same time respecting the varied differences of the Namibian population.
Interventions to improve the human rights of communities such as the San should include,
establishing and strengthening civic education programmes targeting traditional authorities, local and
regional government officials and teachers. These initiatives should be undertaken in close
cooperation with government agencies. In addition, there is a need for education and training
programmes aimed at developing leadership skills, agricultural skills, primary health care capacity
and additional income-generating skills to help soften the effects of HIV/AIDS on the civil and
political society.
Slow Process of Decentralisation and Devolution of Powers
Statement of Rights Unfulfilled
Decentralisation has been a major component of policy initiatives in Namibia since Independence.
Decentralisation aims to transfer political, administrative, legislative, financial and planning authority
from the centre to regional and local authority councils and thereby to ensure that people can
participate in democracy at the grass roots level.220 There are currently 13 regional councils and 46
local authorities, comprised of 17 municipalities, 13 towns and 16 villages.
The two pieces of legislation instituted the introduction and implementation of decentralisation. Following a national consultative process, the government promulgated the National Decentralisation Policy in 1997. This policy offers a good opportunity for increased popular participation, deepening democracy and a transformation of the delivery of services in Namibia. Local and regional governance is a key component in the process of decentralisation. Governance at these levels is a vital pillar for sustaining and deepening democracy.
Causality Analysis
Decentralisation is occurring in three phases, the first of which is that a number of functions have
been delegated to the RCs, including community-based health care, water, electricity, sanitation and
pensions. Over time, the RCs will have full financial and administrative power of these functions.
Many public services will eventually be devolved to the regions with a corresponding transfer of staff,
resources and assets. Some areas, like national health, will remain centralised. Most RCs and local
authorities are successfully delivering public services to their constituents.
The decentralisation process has also been delayed by bureaucracy and diverse and sometimes conflicting guidelines. It is questionable whether the existing legal review mechanism is strong enough to monitor the decentralisation instruments. In addition, the regions have limited revenue bases, which is a condition for decentralisation and devolution of powers. There are other factors at work that undermine decentralisation as a policy and a process. The most important of these include, the reality that Health Districts do not coincide with the 13 administrative regions, the emergence of regional energy distributors in the North and the South of the country, water provision is centralized (as in the case of Katima Mulilo local authority in the Caprivi Region), inefficiency and corruption (as for example in the local authorities of Katima Mulilo, Karibib and Usakos), a culture of non-payment for services, a heavy debt burden of several local authorities and historical factors, particularly the legacy of apartheid. Regional governments tend to serves a reminder of the separate ethnic homelands established by the apartheid regime.
Actual expenditures by national and regional governments are hard to access and were not available for the CCA process. However, NDPII gives an indication of "foreseen" expenditure to the regions under the Public Sector Investment Programme. Expenditure is foreseen to be N$17.6 billion from 2001/02 to 2005/06; highest in Khomas with N$3 billion and lowest in Kunene with N$700 million. A key overall objective of NDPII is to reduce disparities between regions. Nonetheless The two regions (Karas and Erongo) that are envisaged to receive the largest share per person also score the highest on the UN’s Human Development Index, a composite measure combing income, educational attainment and abilities, and health for a more comprehensive assessment of development status.
Khomas, by far the richest and most developed region is still among the top five in terms of expenditure. Conversely, the three regions (Kavango, Ohangwena and Omusati) that are foreseen to receive the least share are among the four that scores the lowest on the Human Development Index, only Caprivi scores lower. This limited analysis suggests a fairer allocation of public expenditure among regions remains a key challenge in the decentralization process. Redirecting expenditure to the poorest and most under-developed regions holds potential for reaching the poorest groups making public expenditures more effective in reducing poverty.
Role Analysis
As duty bearers, officials and politicians at local and regional level have the duty to empower
themselves with appropriate knowledge and skills to administer and govern accountably and
transparently and to design and implement their development plans. Apart from the legal requirements
and provisions contained in the relevant Acts, it is incumbent upon officials and elected politicians to
follow all procedures for the proper functioning of local authorities and RCs. Also, elected councillors
and officials have a duty to comply with the provisions of their respective Codes of Conduct and
Standing Rules.
National Government, as a key duty bearer, has the responsibility for providing a robust policy and legal framework for democratic governance at local and regional state level. In addition, National Government needs to ensure the provision of training and skills development relevant to the effective functioning of local and regional authorities. Political parties, as duty bearers in relation to local and regional authorities, should empower members of such authorities through capacity building and leadership training and encourage citizen participation in local and regional politics. The NGO sector, civil society and other development partners should assist with capacity building and project implementation at local and regional level.
Capacity-gap Analysis
There are weak human and institutional capacities working against the process of decentralisation and
evolution of powers in Namibia. The human capacity at the centre is not strong enough; therefore there is hardly capacity to devolve to the regions. There is also the problem of poor infrastructural
services and facilities at the regional level (housing, transportation, communications, water, quality
education, medical services, etc.). This contributes to the resistance of some civil servants to move
from Windhoek to the regions. Given the bureaucracy and diverse and sometimes conflicting
guidelines, the existing legal mechanism appears not to be strong enough to monitor the
decentralisation instruments. In essence, the failure of national legal instruments of decentralisation of
powers is partly the cause for the slow process of implementation.
The regions have limited revenue bases, which are essential for meaningful decentralisation. This problem can be resolved through trade promotions, creation of economic opportunities and stimulating economic growth. With limited human and financial resources, the regional government is too weak to take on the demands of decentralisation and devolution of powers.
Low Levels of Gender Equality and Women’s Empowerment
Statement of Rights Unfulfilled
Namibia has made significant progress since Independence in promoting greater gender equality in
rights and opportunities and toward empowering women under NDPII and MDG3. Despite this, two
key gender issues remain challenges for Namibia. First, concerns about the gender imbalances found
at the elite decision-making level. Second, the cultural and social attitudes toward women and
women’s roles in Namibia and, the violence against women that remains pervasive in society today.
Causality Analysis
The main immediate cause of lack of gender equality and women’s empowerment is associated with
limited access to senior level managerial positions:
A more difficult area is gender violence, which is rampant and reflects on the status and recognition of equality and rights of women in general in the context of a diverse society in transition from a repressive and oppressive colonial situation to a slow process of development and transformation. Under such transformations values, roles, and behaviours become uncertain and unstable. One of the consequences of such social change is an expression of violence at the personal and family level. Violent aggression such as rape and murder of spouses and girlfriends seems epidemic in Namibia.228
The rape of young children and old women seems to indicate a targeting of gender violence and anger indicative of such social turmoil in Namibian society. Poverty and alcohol abuse aggravate the situation. The enactment of recent laws on marriage equality, combating of domestic violence, and rape will assist in improving the protection of rights in these respects, but attitudes and behaviour changes more slowly than the law. Also, in rural areas, most women continue to be excluded form decision-making processes, at household and community levels, that affect their lives, even though they have crucial multiple roles and often shoulder greater productive as well as reproductive responsibilities. This gender inequality in rural areas is one of the root causes for rural poverty. The underlying causes for HIV/AIDS have been addressed in the section on the right to life and health.
Root causes
One might attribute lower levels of influence of women in decision-making roles to lower levels of
education, interest and attitudes. This is incorrect for two reasons. First, gender equality has long been
the norm in the primary school system. In Secondary and tertiary education, however, women
continue to have higher levels of enrolment and, as a result, literacy among women is higher than
among men.229 Second, there is no apparent difference in the attitudes of women and men in terms of
democratic preferences, satisfaction with democracy, trust in government institutions or in political
and civic participation.230 At the root of the problem of limited participation of women in the political
process is the disintegration of the social fabric, arising from a chain of factors including migration,
alcohol abuse, AIDS and poverty. Tradition is also an important factor in the relegation of women to a
subordinate status in society. The structure of power in traditional society strongly favours men. One
solution suggested is education, particularly civic education designed to change the perception of men
about gender roles.
Further analysis of the root causes of the problem reveals that, because women bear the heaviest burden of household responsibilities, particularly in the rural areas, they are faced with a role conflict with respect to trying to be involved in politics.
Role Analysis
As duty bearers, women have the duty to participate in politics by contesting elections; otherwise they
will remain behind in the political process. In addition, women should accept nominations for
positions and participate effectively in political meetings. On their part, citizens should elect women
to political positions. In this regard, the group noted that women themselves do not generally favour
women in politics and may not favour electing a woman to a position. One additional duty of citizens
is to recognize the importance of women in politics and therefore develop an active interest in it.
Citizens also have a duty to educate themselves on the rights of women, including the right to
participate in politics and get elected to positions. In relation to political institutions, citizens should
support political parties that favour the nomination and election of women. And in relation to the
national government, citizens have a duty to participate in the formulation and implementation of
policies that favour women in politics.
Community leaders have duties to accept, recognize and promote women’s rights and ensure the appointment of women as community leaders. Community leaders should act as role models to citizens and educate them on human rights issues. Community leaders have a duty to the national government to get actively involved in the formulation and implementation of policies that favour women in politics.
Political parties, as duty bearers in relation to women, should empower women through capacity building and leadership training. The national Government, as a duty bearer to women, should set appropriate policies that encourage their participation in politics. The government should also design and implement appropriate capacity building programmes for women. The education system has the responsibility for gender education and to eliminate gender biases in the curriculum as well as in the school environment. The international community has the responsibility to encourage the government to design and implement appropriate policies and to assist with capacity building.
Capacity-gap Analysis
The lack of an empowerment scheme is a factor inhibiting the participation of women in the political
process. Such empowerment schemes (such as setting quotas for women) should be initiated by the
political parties and actively supported by traditional leaders – otherwise, at the time of nomination of
candidates for election, women will always be at a disadvantage. In terms of authority, political
parties are not exercising power fairly and responsibly when it comes to women in politics. And in
relation to the international community, political parties are not implementing the SADC protocol on
women quotas.
Political parties also lack the human resources to articulate the interests of women. Some political parties lack adequate human resources and, therefore are not represented in some of the constituencies. In relation to the national government, political parties lack accountability because they do not have to account for the funds they receive from government. Political parties are unable to make rational decisions on this issue because some members see women as a threat. Political parties tend to avoid negotiating with their own constituency: the citizens of Namibia. In consideration of communities, political parties are unable to take rational decisions because they are highly partisan. Finally, parties do not keep themselves informed and educated about issues relevant to women when dealing with national Government. While political parties communicate generally, the information being disseminated does not filter down to the grassroots level because of language barriers.
Conclusion
Civil and political rights are tantamount to democracies and the democratic process. Namibia has
achieved a great deal since Independence in unifying a country that has been divided along ethnic,
racial, cultural and linguistic lines for almost a century. National reconciliation is taking shape. But
because of the important role that democracy plays in easing inequality it is necessary that more is
done to ensure every Namibian, especially minority groups and women, play active and leading roles
in the democratic process. More progress can be made despite the heavy impact of HIV/AIDS on the
democratic process, governance and the availability of public services.