1. In 2014, the State party proposed amendments to the Namibian Constitution, after limited consultation with various political parties. Civil society responded strongly calling on the State party to have wider consultation on the amendments. The public debate focused on the process rather than on the substance of the amendments. Unfortunately, despite protests on television, radio and in print and a demonstration at Parliament, the changes were rushed through. Given that the Constitution is the supreme law in Namibia and a promise to its people, the manner in which these changes were brought about have caused some alarm in civil society circles and the State party is called upon to entertain genuine and adequate consultations in regard to any legislative changes in the future, in particular in relation to the Namibian Constitution. 2. There is a particular inconsistency between the Namibian Constitution and the Covenant in relation to sexual minorities. The Namibian Constitution does not include sexual orientation among the enumerated classes in article 10(2) to be guaranteed equality and freedom from discrimination. This is compounded by the fact that sodomy is still considered to be a common law crime in Namibia. The State party is called upon to guarantee equality and freedom from discrimination for all and to take steps to remove the crime of sodomy from its legal system. 3. A media release published by the National Assembly in local newspapers announcing the opening of parliament in 2016, had detailed that Cabinet will table the long awaited Whistleblowers Protection Bill as well as the Witness Protection Bill in Parliament this year. Civil Society herewith urges the State party to seek public scrutiny and input on the bills before passing same.
1. In 2014, the State party proposed amendments to the Namibian Constitution, after limited consultation with various political parties. Civil society responded strongly calling on the State party to have wider consultation on the amendments. The public debate focused on the process rather than on the substance of the amendments. Unfortunately, despite protests on television, radio and in print and a demonstration at Parliament, the changes were rushed through. Given that the Constitution is the supreme law in Namibia and a promise to its people, the manner in which these changes were brought about have caused some alarm in civil society circles and the State party is called upon to entertain genuine and adequate consultations in regard to any legislative changes in the future, in particular in relation to the Namibian Constitution. 2. There is a particular inconsistency between the Namibian Constitution and the Covenant in relation to sexual minorities. The Namibian Constitution does not include sexual orientation among the enumerated classes in article 10(2) to be guaranteed equality and freedom from discrimination. This is compounded by the fact that sodomy is still considered to be a common law crime in Namibia. The State party is called upon to guarantee equality and freedom from discrimination for all and to take steps to remove the crime of sodomy from its legal system. 3. A media release published by the National Assembly in local newspapers announcing the opening of parliament in 2016, had detailed that Cabinet will table the long awaited Whistleblowers Protection Bill as well as the Witness Protection Bill in Parliament this year. Civil Society herewith urges the State party to seek public scrutiny and input on the bills before passing same.
INT_CCPR_CSS_NAM_23130_E.docx