Wayzata World Factbook 1996/The World Factbook - 1996 Edition - Wayzata Technology (3079) (1996).iso/pc/text/humanrts/namibia.txt

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TITLE:  NAMIBIA HUMAN RIGHTS PRACTICES, 1994
AUTHOR:  U.S. DEPARTMENT OF STATE
DATE:  FEBRUARY 1995

                            NAMIBIA


Namibia is a multiparty, multiracial democracy, headed by
President Sam Nujoma, leader of the South West Africa People's
Organization (SWAPO), which won Namibia's first free elections
in November 1989 and the National Assembly and presidential
elections in December 1994.  President Nujoma and the SWAPO
party received just over 70 percent of the vote in the December
1994 presidential and National Assembly elections, which were
generally regarded as free and fair.

The Namibian police, supervised by the Ministry of Home
Affairs, and the Namibian Defense Force (NDF), supervised by
the Ministry of Defense, share responsibilities for internal
security.  NDF soldiers reportedly killed two civilians along
the country's border with Angola, and police members were
accused of human rights abuses against civilians, including
beatings of detainees.  The authorities punished some police
officers or charged them in court for committing such abuses.

Namibia's modern market sector produces most of its wealth
while a traditional subsistence agricultural sector (mainly in
the north) supports most of its labor force.  Mining, ranching,
and fishing, the mainstays of the market sector, are still
largely controlled by white Namibians and foreign interests.
However, government policy is to "Namibianize" the increasingly
important fishing sector, so that more indigenous entrepreneurs
are able to participate.  In September the Government
introduced legislation to redistribute underutilized, privately
owned farmland, with owners to be compensated at fair market
value.

Namibians enjoy a wide range of constitutionally provided
civil, political, and economic liberties.  Nevertheless, there
continued to be credible reports that police tortured or
otherwise abused criminal suspects.  SWAPO continued to delay
providing a complete accounting for missing detainees held
during the preindependence period.  The Government refused
initially in August to permit former counterinsurgency fighters
to return to Namibia, but it abided by a subsequent High Court
ruling that Namibian citizens had the constitutional right to
return to their homeland.  Inherited problems of racial
discrimination and disparities--especially in education,
health, employment, and working conditions--continued in 1994,
despite sustained efforts by the Government to reduce them.

Although the Constitution prohibits discrimination based on
race and gender, women continued in practice to experience
serious legal and cultural discrimination.  Women also
experienced widespread societal violence.

RESPECT FOR HUMAN RIGHTS

Section 1  Respect for the Integrity of the Person, Including
           Freedom from:

     a.  Political and Other Extrajudicial Killing

There were no reports of politically motivated or other
extrajudicial killings during 1994.  However, there were
credible reports that NDF soldiers killed two unarmed civilians
in late 1994 along the river boundary between northern Namibia
and southeastern Angola.  Reportedly, NDF members shot the two
while they were attempting to evade capture, as officially
authorized by their commanders.  The NDF actions may have been
in response to an October campaign speech.  At year's end, the
Government had not taken any disciplinary action against the
soldiers responsible for the shootings.

While several cases of preindependence political killings
remained unsolved, in June, following lengthy inquest
proceedings, the High Court determined that SWAPO activist
Anton Lubowski, assassinated in 1989, had in all likelihood
been killed by Irish citizen Donald Acheson at the behest of
the former South African Civil Cooperation Bureau (CCB).  The
Government expressed its intention to put Acheson and his
accomplices on trial for the murder, but extradition
proceedings had not been initiated by year's end.  The Court
also determined that high-ranking officials of the
preindependence police and military forces, accused in 1993 by
a local newspaper of planning Lubowksi's killing, had not been
involved in the act.

     b.  Disappearance

There were no reports of disappearances in 1994.  Nevertheless,
the public and political parties again focused on the
unexplained disappearances of persons detained by SWAPO prior
to independence.  The number of SWAPO detainees still
unaccounted for range between 154 and 256.  In April senior
SWAPO officials promised a complete accounting before the end
of the year of everyone who had died or disappeared during the
liberation struggle, but it had not done so by year's end.
This issue will likely remain controversial until the
Government conducts and releases the results of a full
investigation.

     c.  Torture and Other Cruel, Inhuman, or Degrading
         Treatment or Punishment

The Constitution states that "no persons shall be subject to
torture or to cruel, inhuman, or degrading treatment or
punishment."  There were credible allegations, however, that
members of the police beat or otherwise abused civilians,
primarily during arrest and initial interrogation.  For
example, in one case in 1994, an NDF soldier sued the
Government for his unlawful arrest by four police officers in
October 1993.  He was reportedly kicked and punched repeatedly
by police at the Katutura police station before being released
without charge.  His case was pending trial at year's end.  The
authorities suspended at least four police officers from the
police force for beating prisoners in the Oshakati police
cells.  At year's end their cases had not yet been prosecuted
in court.

In connection with past offenses, in July the Windhoek
magistrate's court ruled in favor of a person who charged that
a joint police/NDF patrol had falsely arrested, beaten,
threatened, and interrogated him in early 1993, based on his
former status as a SWAPO detainee.  At year's end, he was
pursuing in the High Court a civil damages suit against the
police and NDF members involved in the incident.  Court
proceedings also continued against three NDF members who
carried out the June 1993 unprovoked assault and beating of a
farming couple near the town of Outjo.  In the meantime, the
three accused were initially dishonorably discharged from the
military but were subsequently reinstated.

Prison conditions are harsh but do not generally threaten the
life or health of prisoners.  During the year, the National
Society for Human Rights charged that police and prison cells
were overcrowded and that food was inadequate, particularly in
Windhoek and Oshakati.  Despite admitting its resource
constraints in addressing this problem, the Government did take
an important step in ending the practice of holding youthful
offenders in the same cells as adult criminals.  It also
stepped up the training of police and prison officials and
continued to grant legal counsel, local nongovernmental
organizations (NGO's), and diplomatic officials regular access
to prisoners.

     d.  Arbitrary Arrest, Detention, or Exile

The Constitution forbids arbitrary arrest or detention, and the
Government has generally respected these provisions in
practice.  According to the Constitution, persons who are
arrested must be informed of the reason for their arrest, and
they must be brought before a magistrate within 48 hours of
their detention.  A trial must take place within "a reasonable
time," or the accused must be released.  The accused are
entitled to defense by a legal counsel of their choice; the
State provides counsel for the indigent.

Some traditional leaders reportedly continued to detain and
imprison persons accused of minor offenses without recourse to
police or judicial review.  The Government repeatedly condemned
these actions and called upon the public to report such
practices to the authorities.  It also began training
traditional leaders on the legal limits to their powers.

As far as known, the Government held no political detainees or
prisoners at year's end.  The Government does not use exile for
political purposes, but it temporarily blocked the return of
former members of the preindependence counterinsurgency group,
"Koevoet," who were in self-exile in South Africa (see Section
2.d.).

     e.  Denial of Fair Public Trial

The constitutional right to a fair trial, with a presumption of
innocence until proven guilty, is generally afforded by an
independent judiciary.  However, problems in the traditional
system and the long delays in hearing some cases in the regular
courts limit this right in practice.  The formal system
consists of three levels:  magistrate's court, the High Court,
and the Supreme Court.  The latter also serves as the court of
appeals and as a constitutional review court.

Most rural Namibians first encounter the legal system through
the traditional courts which deal with minor criminal offenses,
such as petty theft and infractions of local customs, among
members of the same ethnic group.  A special commission,
created to make recommendations on the prospective jurisdiction
of traditional courts, concluded in 1993 that traditional
cultural practices and structures should be maintained,
provided they were consistent with constitutional protections
and existing laws.  The Government had not yet presented its
draft enabling legislation to Parliament at year's end.

The lack of qualified magistrates and other court officials has
resulted in a serious backlog of criminal cases.  There is also
a shortage of attorneys; there were only 100 lawyers engaged in
private practice in Namibia in 1994.  As a result, as of August
31, the Government had a backlog of over 2,000 cases, which in
some instances translated into a 6-month delay between arrest
and trial.  To address these problems, the Government, together
with the University of Namibia, provided in-service legal
training to magistrates and other court officials at the
University's Training Center.

     f.  Arbitrary Interference with Privacy, Family, Home, or
         Correspondence

The Constitution grants all citizens the right to privacy and
requires arresting officers to secure a judicial warrant for
certain listed offenses before conducting a search.  These
rights were respected in practice.

Section 2  Respect for Civil Liberties, Including:

     a.  Freedom of Speech and Press

The Constitution provides for these freedoms, including
academic freedom, and the Government respected them in practice.

The government-owned Namibian Broadcasting Corporation (NBC)
operates most radio and television services.  Although the NBC
routinely gave prominent coverage to the activities of
government officials, it also provided significant coverage to
the opposition and viewpoints critical of the Government.
There are two private radio stations.  A variety of privately
owned newspapers operate without government restriction and no
apparent self-censorship.

     b.  Freedom of Peaceful Assembly and Association

The Constitution provides for freedom of assembly and
association.  Police or municipal permits are required for
large, publicized public gatherings but are granted routinely.
During 1994 various organizations, including political parties
and religious groups, held large meetings and public gatherings
without interference.

     c.  Freedom of Religion

There is no state religion, and the Government does not
restrict the exercise of religious freedom.

     d.  Freedom of Movement Within the Country, Foreign
         Travel, Emigration, and Repatriation

The Constitution provides citizens the rights to travel freely,
both domestically and abroad, to reside and settle in any part
of the country, and to repatriate.  In practice, the Government
respected these freedoms.  However, in one controversial
incident in early August, the Government denied entry to a
group of Namibian former counterinsurgency fighters and
dependents, who attempted to return home from South Africa,
because of their preindependence military activities as members
of the notorious Koevoet counterinsurgency unit, organized by
the South African army, which many believe committed egregious
human rights abuses.  Two weeks later, the High Court ruled
that the Government had acted illegally and unconstitutionally
in refusing them the right to return to Namibia.  The
Government honored the Court's decision and allowed the group,
plus other former counterinsurgency members who could document
their Namibian citizenship, to return home.

Local NGO's and opposition political parties continued to
criticize the Government for its alleged lack of a consistent
refugee or asylum policy.  At midyear, the Government acceded
to several U.N. conventions on refugees.  Although it expressed
initial reservations over Article 26 of the 1951 U.N.
Convention (concerning freedom of movement and residence), the
Cabinet subsequently ruled that skilled, recognized refugees
would be allowed to work or study on a case-by-case basis, and
this policy was in effect as the year ended.  It was unclear,
however, whether this policy would have any impact on the
numbers of refugees allowed outside the camps.  Some 90 percent
of the approximately 1,500 recognized refugees in Namibia are
Angolans.

Section 3  Respect for Political Rights:  The Right of Citizens
           to Change Their Government

Citizens exercised this constitutional right for the second
time in free and fair presidential and parliamentary elections
in 1994.  The Constitution established a bicameral Parliament
and provides for general elections every 5 years and regional
elections every 6 years.  Incumbent President Nujoma was
reelected to a second 5-year term of office during the
country's first postindependence elections for the National
Assembly and the President in December 1994.  The ruling SWAPO
party won 53 of the 72 elected National Assembly seats, the
Democratic Turnhalle Alliance (DTA, the major opposition party)
secured 15 seats, and the three smaller parties obtained a
total of 4 seats.

Women are increasingly involved in Namibia's political process
but are seriously underrepresented.  During 1994 women held
three positions at the Cabinet or subcabinet level and seven
seats in the two houses of Parliament.  An additional three
women were elected to the National Assembly as a result of the
December elections.  Historic economic and educational
disadvantages have served to limit the participation of the
indigenous San ethnic group in politics.  For example, the only
San member of the current National Assembly has been unable to
participate effectively because he cannot read or write in
English and could not obtain a reliable San-English interpreter.

Section 4  Governmental Attitude Regarding International and
           Nongovernmental Investigation of Alleged Violations
           of Human Rights

Local organizations, such as the National Society for Human
Rights and the Legal Assistance Centre, operated freely,
criticizing the Government's handling of the SWAPO detainee
issue, the treatment of refugees, misconduct by members of the
police, and other matters.

International human rights organizations traveled to Namibia
and discussed human rights issues with governmental and
nongovernmental representatives.  The Government also invited
international observers to witness its December elections.

Section 5  Discrimination Based on Race, Sex, Religion,
           Disability, Language, or Social Status

The Constitution prohibits discrimination based on race, creed,
gender, or religion, and specifically prohibits "the practice
and ideology of apartheid."

     Women

Despite constitutional protections, women faced persistent
discrimination in both formal and customary law and, most
importantly, in deep-rooted societal practices by all ethnic
groups.  A number of unfair preindependence statutes continued
to discriminate against women in such areas as property,
business, and employment.  For example, a woman may not open a
bank account without the approval of her husband or other close
male relative.  Also, under existing community property laws,
married women of all groups are defined as legal minors and
need the written consent of their husbands before they may
legally acquire or purchase property.  Traditional practices
also permit family members to confiscate the property of
deceased men from their widows and children, particularly in
northern Namibia.

The Government, prodded by women's groups, began to address
these inequalities, and in October the Government announced its
intention to introduce in Parliament in early 1995 a "married
persons equality bill" aimed at removing provisions of law that
discriminate against married women, but not single women.

Violence against women remained widespread, most commonly in
the form of beatings and rape.  Because of traditional
attitudes regarding the subordination of women, many incidents
of abuse are never reported to the authorities.  However, in
those few grave abuse cases where legal action has been
initiated, the courts often sentenced male offenders, including
spouses, to long terms of imprisonment.  The courts sentenced
convicted rapists to prison terms averaging 6 to 9 years.
During the year, the Namibian police opened new "women and
child abuse centres" in the towns of Oshakati and Keetmanshoop,
with specially trained female officers to assist victims of
sexual assaults.  The first facility of this kind was opened in
Windhoek in mid-1993.

     Children

Children's rights, including those of protection from economic
exploitation and from work that is hazardous or harmful to
their health, education, mental, spiritual, moral, or social
development, are enumerated in the Constitution.  In practice,
the Government has been able to commit only limited resources
to the protection of children's welfare.  Child abuse is a
serious problem.  The authorities vigorously prosecuted cases
involving crimes against children, particularly rape and
incest, and encouraged discussion and the issuance of printed
materials in the schools.  Women and child abuse centers (see
above) also worked to reduce the trauma suffered by abused
children and provided training to police officials on handling
this problem.

     Indigenous People

The San people, Namibia's earliest known inhabitants,
historically have been exploited by other ethnic groups.  The
Government has taken a number of measures to end this societal
discrimination against the San, including seeking their advice
about proposed legislation on communally held lands and
increasing their access to primary education.  By law, all
indigenous groups in Namibia are able to participate equally in
decisions affecting their lands, cultures, traditions, and
allocations of natural resources.  Nevertheless, the San and
many other indigenous Namibians have been unable to exercise
fully these rights as a result of historically minimal access
to education and economic opportunities under colonial rule,
coupled with their relative isolation in remote areas of the
country.

     National/Racial/Ethnic Minorities

The Constitution prohibits discrimination based on race and
other factors and specifically prohibits "the practice and
ideology of apartheid."  Nevertheless, as a result of more than
70 years of South African administration, societal, racial, and
ethnic discrimination persists, and some apartheid-based
statutes have not been repealed or replaced by the Parliament.
Many nonwhites continued to complain that the Government was
not moving quickly enough to lessen the continuing and serious
inequalities in education, health, housing, employment, and
access to land.

Also, some opposition parties, including members of the Herero
and Nama ethnic groups, claimed that the SWAPO-led Government
provided more development assistance to the numerically
dominant Ovambo ethnic group of far northern Namibia than to
other groups or regions of the country.  The application by the
"Baster" community for the Government to return its traditional
land in the Rehoboth area was still being considered by the
courts as the year ended.

     People with Disabilities

There were no reports of official discrimination on the basis
of disability, and the Government continued its efforts to
provide the disabled with appropriate treatment and education.
The Government does not legally require special access to
public buildings for the disabled.  However, some municipal
governments have installed ramps and special curbing at street
crossings for the disabled.

Section 6  Worker Rights

     a.  The Right of Association

The Constitution provides for freedom of association, including
the right to form and join trade unions.  The 1992 Labor Act
extended that right to public servants, farm workers, and
domestic employees.  Trade unions have no difficulty
registering, and there are no government restrictions on who
serves as a union official.  No union has been dissolved by
government action.

Unions are independent of government and may form federations
and confederations.  The two principal trade union umbrella
organizations are the National Union of Namibian Workers
(NUNW), and the Namibia People's Social Movement (NPSM).
Roughly half of the wage sector is organized to some degree,
although less than 20 percent of full-time wage earners are
organized.

Except for those providing essential services (e.g., jobs
related to public health and safety), workers enjoy the right
to strike once conciliation procedures have been exhausted.
Under the Labor Act, strike action may be used only in disputes
involving worker interests, such as pay raises.  Disputes over
worker rights, including dismissals, must be referred to a
labor court (which is convened on an ad hoc basis in the
existing magisterial districts) for arbitration.  The Labor Act
protects legally striking workers from unfair dismissal.

Trade unions are free to exchange visits with foreign trade
unions and to affiliate with international trade union
organizations.  The unions have exercised this freedom without
interference.  The American Federation of Labor-Congress of
Industrial Organization, through its African-American Labor
Center representative based in South Africa, provided technical
assistance to the NUNW during regular visits to Namibia in 1994.

     b.  The Right to Organize and Bargain Collectively

The 1992 Labor Act provides employees the right to bargain
individually or collectively.  Collective bargaining is not
widely practiced outside the mining and construction
industries; wages are usually set by employers.  As unions
become more active, however, informal collective bargaining is
becoming more common.

The Labor Act provides a process for employer recognition of
trade unions and protection for members and organizers.  The
law also empowers a labor court to remedy unfair labor
practices and explicitly forbids unfair dismissals, which may
also be appealed to the labor court.

At present, the Labor Act also applies in the only existing
export processing zone (EPZ), located at the town of Arandis.
News reports that the Ministry of Trade and Industry might
exempt an EPZ in Walvis Bay from the provisions of the Labor
Act prompted the NUNW to come out strongly in opposition to any
area of Namibia being declared "union free."  Draft EPZ
legislation was presented to the Parliament in late 1994 but
had not been debated or enacted as the year ended.

     c.  Prohibition of Forced or Compulsory Labor

Forced labor is prohibited by law.  Although there were no
formal complaints filed with the Ministry of Labor in 1994,
there were continuing reports that farm workers sometimes
receive inadequate compensation for their labor and are subject
to strict control by farm owners.  Ministry of Labor inspectors
sometimes encountered problems in gaining access to Namibia's
expansive, privately owned commercial farms in order to
document possible Labor Code violations.

     d.  Minimum Age for Employment of Children

Under the 1992 Labor Act, the minimum age for employment is 14
years, with higher age requirements for certain sectors such as
mining and construction and night work.  Ministry of Labor
inspectors generally enforce minimum age regulations, but
children below the age of 14 often work on family and
commercial farms and in the informal sector.  Boys in the rural
areas traditionally start herding livestock at age 7.

     e.  Acceptable Conditions of Work

There is no statutory minimum wage law.  In Windhoek's nonwhite
townships, many workers and their families have difficulty
maintaining a minimally decent standard of living.  White
Namibians earn significantly more on average than their black
compatriots, in large part because whites own most of the
country's productive resources and had preferential access to
education that enabled them to take advantage of the skilled
labor shortage.

After independence, the standard legal workweek was reduced
from 46 to 45 hours, and includes at least one 24-hour rest
period per week.  An employer may require no more than 10 hours
per week of overtime.  The law mandates 24 consecutive days of
annual leave, at least 30 workdays of sick leave per year, and
3 months of unpaid maternity leave.  In practice, however,
these provisions are not yet rigorously observed or enforced by
the Ministry of Labor.

Government-mandated occupational health and safety standards
are set by law.  The Labor Act empowers the President to
enforce them through inspections and criminal penalties.  The
Government carried out a national survey of health and safety
standards but had not released any report or upgraded standards
by year's end.  The law requires employers to ensure the
health, safety, and welfare of their employees and provides for
their right to remove themselves from dangerous work
situations.