Namibia: Annual Human Rights Report: 2009

NAMIBIA:
HUMAN RIGHTS
REPORT 2009
WINDHOEK NAMIBIA APRIL 26 2010

14th Submission under the African Charter on Human & Peoples Rights
“We will only work together and cooperate with those

foreigners who are respecting us and those who do not can
pack and go or they will face bullets in their heads.”
Former Namibian President Sam Nujoma

Helao Nafidi, Ohangwena Region, May 23 2009
2
ACKNOWLEDGEMENT:
We wish to thank all our human rights defenders and other civil society actors, including the
media, and members of the general public as well as the law implementation officials for the
information contained in this Report. Our special thanks go to our donors especially Hivos, the
Olof Palme Center and OSISA, because without their financial support, NSHR’s mission would
have been impossible. However, the opinions expressed in this Report are exclusively those of
NSHR.
©2010 NSHR. All rights reserved. Save where and or when NSHR is expressly credited, quoting
from this Report is strictly prohibited. This Report or any other part hereof may not be
reproduced, stored in retrieval systems or transmitted in any way or form whatsoever, save with
prior permission from NSHR. All information contained herein has been verified to the best of
NSHR’s ability, but NSHR or any employees thereof do not accept responsibility for any exclusion
or inclusion or any loss resulting from reliance on this Report.
National Society for Human Rights

Liberty Center
116 John Meinert Street
Windhoek-West
P. O. Box 23592
Windhoek
Republic of Namibia
Tel: +264 61 236 183 or +264 61 253 447
Fax: +264 61 234 286
E-mail: nshr@nshr.org.na or nshr@iafrica.com.na
URL: www.nshr.org.na
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TABLE OF CONTENTS PAGE
ACRONYMS AND ABBREVIATIONS 05

I. INTRODUCTION 10
II. GENERAL STATE OF HUMAN SECURITY 15
A. STATE OF ECONOMIC SECURITY 17
1. RIGHT TO ECONOMIC SECURITY 18
1.1. RIGHT TO FOOD SECURITY 18
1.2. RIGHT TO EDUCATION 21
1.3. RIGHT TO WORK 23
1.4. RIGHT TO SOCIAL SECURITY 26
2. RIGHT TO HEALTH SECURITY 27
3. RIGHT TO ENVIRONMENT SECURITY 35
4. RIGHT TO HOUSING SECURITY 37
B. STATE OF CIVIL & POLITICAL SECURITY 38
1. RIGHT TO PERSONAL SECURITY 40
2. RIGHT TO POLITICAL SECURITY 51
2.1. SUMMARY EXECUTIONS 52
2.2. OFFICIAL KILLINGS 60
2.3. FREEDOM FROM TORTURE 64
2.4. FREEDOM FROM ARBITRARY DEPRIVATION OF LIBERTY 70
2.5. FREEDOM FROM ABUSE OF POWER AND EXILE 74
2.6. FREEDOM FROM ENFORCED DISAPPEARANCE 81
2.7. RIGHT TO PRIVACY SECURITY 84
2.8. RESPECT FOR RULE OF LAW 85
2.8.1. DISREGARD OF SEPARATION OF POWERS DOCTRINE 87
2.8.2. VIOLATION OF HUMAN RIGHTS DOCTRINE 88
2.8.3. CORRUPTION AND CORRUPT PRACTICES 89
2.8.4. RIGHT TO FAIR PUBLIC TRIAL 100
2.9. FREEDOM FROM DISCRIMINATION 104
2.10. FUNDAMENTAL FREEDOMS 116
2.10.1. FREEDOM OF EXPRESSION AND OPINION 116
2.10.2. FREEDOM OF ASSOCIATION 139
2.10.3. FREEDOM OF ASSEMBLY 153
2.10.4. FREEDOM OF MOVEMENT 156
2.10.5 FREEDOM OF RELIGION 161
3. RIGHT TO COMMUNITY SECURITY 162
4. CPR VIOLATION INDICATORS 2009 163
III. NSHR ACTIVITY IMPACT INDICATORS 2009 171
IV. MEDIA REPORTS ABOUT NH2R 2008 182
4
ACRONYMS AND ABBREVIATIONS
ACC Anti-Corruption Commission

ADA alcohol and drug abuse
AG Attorney General
AI Amnesty International
AJ Acting Justice
AMR adult mortality rate
ANC African National Congress
ART anti-retroviral treatment
ARV antiretroviral
AU African Union
AV Association of the Voiceless
AZ Allgemeine Zeitung newspaper
BBC British Broadcasting Corporation
CAT Convention or Committee against Torture
CATS Citizens for an Accountable and Transparent Society
CCN Council of Churches in Namibia
CCPR Covenant on Civil and Political Rights
CDM Clean Development Mechanism
CDU Complaints and Discipline Unit of NamPol
CEDAW Convention on the Elimination of Discrimination against Women
CEESR cultural, economic, environmental and social rights
CEO Chief Executive Officer
CERD Committee on the Elimination of Racial Discrimination
CESCR Committee on Economic and Cultural Rights
CHTT Caprivi High Treeason Trial
CIA Central Intelligence Agency
CID Criminal Investigations Department
CLA Caprivi Liberation Army
CoD Congress of Democrats
CPA Criminal Procedure Act
CPI Corruption Perception Index
CR Crime Report
CRC Convention on the Right of Child
CSAs civil society actors
CSOs civil society organizations
CTL Council of Traditional Leaders
DAW discrimination against women
5
DELK Deutsche Evangelische Lutherische Kirche
DHRGG democracy, human rights and good governance
DOTS directly observed therapy-short course
DRC Democratic Republic of the Congo
DTA Democratic Turnhalle Alliance
ECN Electoral Commission of Namibia
FAO Food and Agriculture Organization
FBO faith-based organization
FDI foreign direct investment
FFF Forum for the Future
FY fiscal or financial year
GBH grievous bodily harm
GBV gender-based violence
GDP gross domestic product
GoN Government of Namibia
HDI Human development index
HDR human development report
HH Hidipo Hamutenya
HRC Human Rights Committee
HRC Human Rights Council
HRD Human rights defender
HRV human rights violations
HT human trafficking
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICERD International Convention on the Elimination of Racial Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights
ICRC International Committee of the Red Cross
ID identity document
ILO International Labor Organization
IPPR Institute of Public Policy Research
LAC Legal Assistance Centre
LaRRI Labour Resources Research Institute
LDTD long distance truck driver
LGBTI lesbian, gay, bisexual, transgender and intersex
LSN Law Society of Namibia
MAG Monitor Action Group
MC Magistrates’ Commission
6
MDGs Millennium Development Goals
MDR-TB multi-drug resistant tuberculosis
MET Ministry of Environment an Tourism
MFA Ministry of Foreign Affairs
MGECW Ministry of Gender Equality and Child Welfare
MHAI Ministry of Home Affairs and Immigration
MISA Media Institute of Southern Africa
MME Ministry of Mines and Energy
MMR maternal mortality rate
MoE Ministry of Education
MoF Ministry of Finance
MoHSS Ministry of Health and Social Services
MoJ Ministry of Justice
MP(s) Member(s) of Parliament
MRTP My Right to Participate
MSS Ministry of Safety and Security
NA National Assembly
NaCo National Council
NamPol Namibian Police
NBC Namibian Broadcasting Corporation
NC Namibian Constitution
NCIS Namibia Central Intelligence Service
NCO non-commissioned officer
NDF Namibian Defense Force
NFPDN National Federation of Persons with Disabilities of Namibia
NH2R Namibia Human Rights Report
NHEMC National Health Emergency Management Committee
NPC National Planning Commission
NSHR National Society for Human Rights
NUNW National Union of Namibian Workers
ODA Official development assistance
OPG Office of the Prosecutor General
ORC Osire Refugee Camp
ORC Osire Refugee Camp
OVC orphaned and vulnerable children
PAP Pan African Parliament
PCD Paralegal Case Database
PDD Publications Distribution Database
7
PiN People in Need
PLAN People’s Liberation Army of Namibia
PLIHA people living with HIV-AIDS
PLIWA people living with albinism
PWDs people with disabilities
RDP Rally for Democracy and Progress
RDPWL RDP Women’s League
RMOs Regional Monitoring and Advocacy Offices
RP Republican Party
RSF Reporters sans Frontières (Reporters without Borders)
SA South Africa
SADC Southern African Development Community
SADF South African Defense Force
SCU Serious Crime Unit of NamPol
SFF Special Field Force
SOEs State-owned enterprises
SP Swapo Party
SPEC Swapo Party Elders Council
SPWC Swapo Party Women’s Council
SPYL Swapo Party Youth League
SRHRs sexual reproductive and health rights
SSC Social Security Commission
STIs sexually transmitted infections
SV social violence or societal violence
SWANU South West Africa National Union
TAGOMA The Age of March
TB tuberculosis
TCIDT torture and other cruel, inhuman and degrading treatment
TI Transparency International
TRC Truth & Reconciliation Commission
TRP The Rainbow Project
TUCNA Trade Union Congress of Namibia
UDHR Universal Declaration of Human Rights
UDP United Democratic Party
UN United Nations
UNAM University of Namibia
UNCAC UN Convention against Corruption
UNDP United Nations Development Program
8
UNFCC United Nations Framework Convention on Climate Change
UNGA United Nations General Assembly
UNICEF United Nations Children’s Fund
UNITA National Union for the Total Independence of Angola
US United States (of America)
USCRI US Committee for Refugees and Immigrants
USD US dollar
VAW violence against women or violence against the weak
VOAR Visitor Opinion Assessment Register
VRD visitors’ register database
WCHR World Conference on Human Rights
WCP Windhoek Central Prison
WCPU Women and Child Protection Unit
WFP World Food Program
WHO World Health Organization
WLC Women Leadership Centre
XDR-TB extremely drug-resistant tuberculosis
ZANU-PF Zimbabwe African National Union-Patriotic Front
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I. INTRODUCTION
NH2R is a comprehensive yearly assessment of the human rights situation in the country
expressed in terms of seven dimensions of human security.1The assessment is made from a local
human rights point of view and is expressed in a straightforward and non-diplomatic and or
academic phraseology. This report is not a simplistic comparison between the human security
situations in Namibia and other African states. Nor is this assessment a blanket contrast between
the human security situations prevailing in the country before and after Namibian independence
on March 21 1990. Rather, NH2R is a systematic comparison between the de jure principles,
on the one hand, and the de facto human security situation in the country, on the other.
In order to appreciate the reasons for the shortcomings in the human security situation in the
country during the period under consideration, it is necessary to have regard to Government
of Namibia (GoN) compliance, or noncompliance, with the de jure national, regional and
international principles in accordance with which respect, protection and fulfillment of human
rights and fundamental freedoms should be implemented at all levels of government.
It goes without saying that the raison d’etre of any State is to ensure the welfare of everyone
under its jurisdiction, without distinction based on race, color, sex, language, age, religion,
political or other opinion, national or social origin, property, birth, or any other status.
Accordingly, the reason for the 1990 establishment of the Republic of Namibia was to secure
justice, equality, liberty, and solidarity for all its citizens.2Moreover, the country proper is
defined as inter alia a democratic state founded upon the principles of democracy, the rule of
law, and justice for all.3
It is also self-evident that GoN is under national obligation to adopt specific legislative,
judicial, administrative, and other measures to actively promote and maintain the welfare of
1
Human security refers to a political, economic, food, environment, personal, and community security situation
conducive to the respect, protection and fulfillment of all the internationally recognized basic human rights and
fundamental freedoms. Under this situation, both man-made and natural menaces should be absent or at least
minimized through both active and passive behavior of Government
2
paragraph 5(5) of Preamble to NC
3
Article 1(1) of NC
10
the people by inter alia: (1) enacting legislation ensuring equality of opportunity between men
and women; (2) actively encouraging the formation of independent labor unions to promote
the rights of workers; (3) ensuring that each and every citizen has the right to a fair and
reasonable access to public services in order to maintain a decent standard of living; (4)
ensuring a legal system that promotes justice for all by providing free legal aid for those in
need; (5) encouraging civic education programs aimed at enabling citizens to influence
government composition and policies by inter alia debating its decisions; and (6) maintaining
ecological wisdom, including sustainable utilization of natural resources.4 After all, the
economic order of Namibia “shall be based on the principles of a mixed economy with the
objective of securing economic growth, prosperity, and a life of human dignity” for all
Namibians, while the country’s economy “shall be based on public, private, joint public-
private, cooperative, co-ownership, and small-scale family forms of ownership”.5
Furthermore, administrative bodies and administrative officials are constitutionally required to

act fairly, reasonably and to comply with the requirements imposed upon them by statutory
legislation and common law.6 Moreover, before being sworn into office, elected and or
appointed public officials are required to take an oath or affirmation by which they declare
under the penalty of perjury that they will uphold, protect and defend the Namibian
Constitution (NC) as the supreme law of the land.7
NC recognizes the inherent dignity and the equal and inalienable rights of all people. This
includes the right to life, liberty, and the pursuit of happiness, regardless of race, color, ethnic
origin, sex, religion, creed, or social or economic status.8 NC also reaffirms the fact that the
inherent dignity and the equal and inalienable rights of all people are most effectively
respected, protected, and upheld in a democratic society in which the administrative
authorities, not only operate under a supreme constitution and a free and independent
judiciary, but are also accountable to the freely elected representatives of the people.9
4
Article 95 of NC
5
Article 98 of NC
6
Article 18 of NC
7
Articles 30, 32(1), 38, 55, 71 and Schedules 1 and 2 of NC
8
Paragraphs 1 and 2, Preamble to NC
9
Paragraph 3, Preamble to NC
11
Also, GoN is under the peremptory international obligation to ensure that all persons under its
jurisdiction enjoy all the basic human rights and fundamental freedoms recognized by the
international community as laid down in international law. Hence, by becoming a State Party
to international treaties, GoN assumes three basic legal obligations and duties. These include
the responsibility to protect, respect, and fulfill the basic human rights and fundamental
freedoms of everyone under its jurisdiction, without distinction of any kind, such as race, color,
sex (including sexual orientation), language, religion, political or other opinion, national or
social origin, property, birth or other status.10
GoN, like all other UN Member States, has undertaken to achieve, by 2015, the eight UN
Millennium Development Goals (MDGs). These MDGs envision a world with less poverty,
hunger, and disease, greater survival prospects for mothers and their infants, better educated
children, equal opportunities for women, and a healthier environment; a world in which
developed and developing countries worked in partnership for the betterment of all.11
Hence, with the aforesaid in mind, the rationale behind this report is to determine whether or not
and or to what extent the overall human security situation has improved, or deteriorated, over a
12 month period. The report also serves as an indicator and early warning signal as to whether
or not the human security situation is likely to improve or deteriorate during the next 12 month
period. From the socio-economic, environmental and political situation described herein it is
possible to obtain a reliable picture of not only the aggregate human security situation
prevailing in the country under the previous period under consideration (i.e. September 28
2007 and October 31 2008), but also about the human security situation that is likely to
prevail in the next period of reporting.
This report attempts to determine whether or not the human security situation has improved or
deteriorated over the past 12 months using NC, various international human rights instruments,
and accepted norms and standards as a yardstick. This report also takes into cognizance the
doctrine that human rights are universal, indivisible, interrelated, and interdependent; that
10
UDHR (Article 2), ICCPR (Article 2) and ICESCR (Article 2(2))
11
UN Millennium Declaration of 2000
12
respect for civil and political rights goes hand in hand with the recognition of all cultural,
economic, environmental, and social rights.
Listed in an ascending order, the passive and active human rights abuses herein enumerated are
summarized head counts of actual or inchoate commissions and omissions either by GoN, by
private groups or individuals acting in the name or in the defense of GoN or the ruling party,
when such commissions and omissions are perpetrated with the implicit or explicit consent,
tolerance or acquiescence of GoN or by the ruling party. The commissions and omissions by
non-State actors, such as the Opposition parties, traditional authorities and ecumenical entities
as well as CSOs are also taken into account: provided that GoN is held accountable for all
and any commissions or omission occurring under its jurisdiction. It goes without saying that
GoN has the prime obligation to respect, protect and fulfill all the human rights of all persons
in the country, without any distinction based on race, color, sex, language, age, religion,
political or other opinion, national or social origin, property, birth or other status. These
obligations include the immediate duty, not only to prevent, investigate, and punish, but also
to ensure redress for the harm caused by third parties, such as private individuals, traditional
authorities, Opposition parties and commercial enterprises as well as all and any other non-
state actors under GoN jurisdiction.
It must be stressed that this report only lists those human rights violations which have come to
NSHR’s attention during the period under review. That is to say, the human security threats
listed herein are by no means, and should by no means be deemed as, the only situations and
or discrete incidents that have occurred in the country during the period under consideration,
because: in certain cases, the same active passive commissions may be listed more than once if
it falls under different categories of human security threats. In other cases, the same abuses
have been perpetrated several times on different occasions during the period under review.
In assembling, analyzing and determining the overall picture of the human security situation in
the country, NSHR is guided by the principles and purposes of NC and all and any other
regional and international human rights instruments applicable to Namibia. This report relies
heavily on the information sought and or received through NSHR’s own proactive desk and
field information gathering operations from a variety of sources, including: (1) NSHR’s first-
13
hand from office visitors such as victims of human rights abuses and other members of the
general public who visited its offices countrywide to receive assistance; (2) local and
international human rights and or media reports; (3) informants within the country’s law
implementation agencies and the public service; and (4) GoN reports, statistics and figures
produced by UN and other similar inter-governmental agencies. Nonetheless, although most of
the information herein contained has been collected directly from original NSHR sources,
where possible footnotes have been extensively made as additional support reference. NH2R
serves several vital purposes and has several major objectives, viz:
The first major objective is to present a comprehensive overview on the legislative, judicial,
administrative, and other measures GoN has undertaken, or has failed to undertake, at the
national, regional, and local levels, in conformity with its obligations under the various national
and international instruments on civil, cultural, economic, environmental, political and social
rights to give effect to national, regional and international human rights instruments to which
GoN is a State Party.
The second major objective of the report is to help GoN monitor and evaluate its own
performance vis-à-vis the actual human rights situation in the country on an annual basis and
thereby encourage GoN as a whole to fulfill its human rights obligations by publicizing GoN
information on GoN’s human rights record. NH2R seeks to create GoN awareness with respect
to, advocate enjoyment of, each of the human rights and fundamental freedoms guaranteed
under the aforementioned instruments as well as the extent to which such rights and freedoms
are, or are not being, enjoyed by all individuals and communities in the country.
The third primary purpose of this report is to facilitate and or enable inter alia the various
national, regional and international human security mechanisms to regularly monitor both the
de jure and de facto human rights situations in Namibia and, where necessary and applicable,
take appropriate measures to ensure compliance in case of non-adherence.
The last but not least objective of NH2R is to assist other Civil Society actors as well as
individual Namibian citizens in the country to advocate GoN compliance with the
14
aforementioned instruments. This report covers the period between October 31 2008 and
December 10 2009.
II. GENERAL STATE OF HUMAN SECURITY
As during the previous periods of reporting, the general human security situation in Namibia
continued to deteriorate unabatedly during the period under review.
Freedom from want remained a nightmare for most Namibians as their right to economic,
health and environmental security remained fatally threatened by a horde of seemingly
insurmountable socio-economic menaces. The incessantly rising levels of hunger, poverty,
inequalities, alcohol and drug abuse, proliferation of both communicable and incommunicable
diseases, mortalities, unemployment, environmental degradation and severe inadequacy of
housing as well as indebtedness have doubled or even tripled as the period under review
ended.
With regard to freedom from fear, a multitude of civil and political factors has similarly
replicated unabatedly and fatally threatening the right to personal, political and community
security in the country. These chronic threats to the right to freedom from fear have
increasingly assumed Zimbabwean ZANU-PF proportions and they include: the rising levels of
political intolerance and violence; systematic discrimination against women as well as other
vulnerable sectors of society; racism and conflict over natural resources; weak democratic
institutions; perfunctory holding of elections with predictable results; erratic or non-existent
observance of the rule of law as well as the principles of separation of powers; lack of
effective public participation in the formulation and implementation of decision making policy;
and the rapidly contracting space for especially autonomous civil society actors.
As the period under consideration drew to the end, a whole paraphernalia of factors, such as
crime (which manifested itself through inter alia armed robbery, murder per se, abortion, baby
dumping, infanticide, suicide, rape, gender-based violence, societal violence and burgeoning
human trafficking) also gravely threatened the right to personal security in the country.
15
This scheme of things is inevitable because of the reactionary, autocratic, unaccountable and
self-serving fashion in which the country has been governed under a one-dominant party
system since its independence from apartheid South Africa on March 21 1990. For example,
according to the latest Afrobarometer, on average, 90 percent of all public officials in
Parliament and in Local authorities are not accountable to the electorate and the average
Namibian citizen is the least likely to contact such officials if he or she has a problem.12 This
situation also signifies the absence of democracy in the true sense of its meaning.
However, under national and international law, GoN is duty-bound to, inter alia, adopt
effective legislative, judicial, administrative, and other measures to give effect to its
obligations to respect, protect and fulfill all the human rights and freedoms of every citizen to
a dignified and an adequate and continuously improving the standard of living for himself
and or herself and his or her family.13
Complicating GoN’s failure on the democracy test is the constant failure by most of the
developed nations in the northern hemisphere to comply with their own international human
rights obligations. For example, in terms of one of its four purposes as enunciated in its
Charter, the UN has been established to achieve international cooperation in, inter alia,
promoting and encouraging respect for human rights and for fundamental freedoms for all,
without distinction as to race, sex, language or religion. Also, in terms of UNGA resolution
2626 (XXV) of October 24 1970, the rich nations in the northern hemisphere agreed to spend
0.7 percent of their Gross National Product on official development aid (ODA) to the
developing nations in the southern hemisphere. The current “trade not aid” is therefore a lame
excuse by such nations to cut back on their promised ODA contrary to what has been agreed
upon through multinational agreements under UN auspices.
Furthermore, through its Declaration of the Right to Development of 1986, the UN describes
development as “a comprehensive economic, social, cultural and political process that aims at
the constant improvement of the well-being of the entire population and of all individuals on
the basis of their active, free, and meaningful participation in development and in the fair
12
http://www.namibian.com.na/index.php?id=28&tx_ttnews[tt_news]=55731&no_cache=1
13
Articles 95 and 98(1) of NC and Article 11 of ICESCR
16
distribution of the benefits resulting there from”.14In addition, one of the objectives of the
1995 World Summit on Sustainable Development was to ensure that international agreements
relating to trade, investment, technology and ODA should be implemented in a manner that
promotes social development. While all UN Member States have undertaken to achieve eight
UN Millennium Development Goals (MDGs) by 2015 by inter alia bringing about a world in
which developed and developing countries worked in a global partnership for development
and betterment of all.15
The abovementioned noble goals and principles have, in most cases, been abandoned and
have given way to the often stringed ODA, unfair trade practices and unsustainable foreign
indebtedness. International morality has degenerated into international immorality and has
given way to a situation whereby only the fittest can survive. The fittest from the northern
hemisphere worked hand-in-glove with the corrupt leaders in the southern hemisphere to the
detriment of people of the southern hemisphere. This scheme of things has led to an even
scandalously wide gap between the haves and have-nots worldwide.
A. STATE OF ECONOMIC SECURITY
The overall cultural, economic, environmental, and social security situation in the country
deteriorated unabatedly during the period under review. Ordinary citizens remained
constantly exposed to the very same and or even worse socio-economic scourges as during the
previous 19 years of reporting.
GoN’s failure to ensure an adequate and continuously improving standard of living was
demonstrated by inter alia the results of the November 2008 Afro-barometer survey. In terms
of the said survey, high percentages of Namibian citizens said that they have lost confidence
in GoN.16Citizens responding to the Afro-barometer survey felt that GoN has failed miserably
to alleviate the harsh socio-economic ills afflicting them.17
14
paragraph 2, UN Declaration on Right to Development
15
As envisioned by MDG 8
16
17
17
However, all UN Member States, including Namibia, are required to adopt legislative,
judicial, administrative, and other measures towards achieving progressively the full
recognition of all the cultural, economic, environmental and social rights of all their
citizens.18The socio-economic state of affairs prevailing in the country during the period under
review also presupposes GoN’s failure to take steps by all appropriate means to fulfill to the
maximum of its available resources, the right to socio-economic security for all its citizens.
Furthermore, the continued proliferation of socio-economic hardships as well as high incidences

of corruption in the highest echelons of GoN has created an impression that GoN leaders lack
both the political will and or administrative competency to secure, inter alia, social justice and
equality for all citizens as envisaged in NC.19As the period under review ended, several
socio-economic factors threatened several rights to human security, including:
1. RIGHT TO ECONOMIC SECURITY
The right to “economic security” requires GoN to ensure regular basic income for all its
citizens, resulting either from productive and remunerative work or from publicly financed
safety nets. The right to economic security presupposes the presence of the following basic
human rights to security, namely:
1.1. RIGHT TO FOOD SECURITY
The right to food security requires that all people at all times have both physical and
economic access to basic food. Hence, the right to food security entails having access to
sufficient, safe and nutritious food that meets the dietary needs for an active and healthy life.
The right to adequate food is recognized in both NC and several international treaties.20State
Parties to ICESCR are required to take more immediate and urgent steps to realize the
18
Article 2(2) of ICESCR
19
paragraph 5(5) of Preamble to NC
20
Article 95 (j) of NC
18
fundamental right to freedom from hunger and malnutrition21as well as the right of everyone
to an adequate and continuously improving standard of living.22
The 1993 Vienna-held World Conference on Human Rights (WCHR) has affirmed that
extreme poverty and social exclusion constitute a violation of human dignity and that urgent
steps are necessary to achieve better knowledge of extreme poverty and its causes and to
put an end to extreme poverty and social exclusion. WCHR urged States to foster
participation in the decision-making process by the community in which the poorest people live
as well as to combat extreme poverty.23
Furthermore, GoN is under the obligation to eradicate extreme poverty and hunger by
halving, by 2015, the proportion of the population whose income is less than USD1 per day
as well halving also by 2015 as the proportion of the Namibian citizens who suffered from
hunger.24
During the period under reporting, however, the chronic high levels of abject poverty and
income disparities as well as the prevalence of under weight and malnourished children under
5 years of age persevered. This state of affairs vehemently signaled that GoN will be unable
to reach MDG1 by 2015.
The impact of poverty and hunger deteriorated even further with between 400 00025and
709 00026people facing hunger after heavy deluges destroyed croplands in the northern
regions of the country. Over 520 000 residents of Oshana, Ohangwena, Omusati, Caprivi
and Kavango regions faced severe food shortages after heavy flooding destroyed their
croplands. Over 80 000 hectares of croplands were damaged in the northern central Oshana
and Omusati regions whereas deluges destroyed 13 000 hectares of croplands in the north-
eastern Kavango and Caprivi regions. The damage caused to croplands by heavy rains stood
21
Article 11 (2) of ICESCR
22
Articles 11(1) and 11 (2) of ICESCR
23
Paragraph 25 of Vienna Declaration and Programme of Action
24
Target 1, indicator 1 of MDG 1
25
“400 000 Namibians are hungry—FAO”, New Era online, November 6 2009
26
“Malaria cases rise in North”, The Namibian online, March 26 2009
19
at nearly N$140 million while the food shortages ensuing from such damages and losses were
estimated to be over N$900 million.27
WFP reported that households experiencing acute transitory food insecurity were mostly
headed by subsistence farmers that have lost their sorghum stocks, with further loss in harvests
estimated at 80 percent.28 WFP also described Namibia as a country with perennial food
deficits and recurring droughts as well as high rates of malnutrition. The country’s income
disparity is marked by a Gini-coefficient of 0.60. More than half the population lives on less
than USD2 per day.29In many areas where OVC live, chronic food insecurity is a fact of life,
and 24 percent of country’s children underfive are underweight, while 9 percent are wasted.
Vulnerable households hosting OVCs included those from marginalized communities, such as
the San and Himba and households headed by single women, grandmothers, children and
people living with HIV-AIDS.30
As period under review ended, FAO also reported that more than 400 000 Namibian citizens
faced hunger without having access to adequate amounts of food.31Gross and blatant
inequalities and inequities with gender, racial, regional, ethnic, linguistic and educational and
class dimensions continued to escalate unabatedly as the period under review ended.
As regards to poverty, nearly 20 years after independence Namibia continued to maintain its
villainous and or schizophrenic position as “a rich country with poor people”.32The country has
consecutively been classified as a lower middle income nation with an estimated GDP per
capita ranging between USD1 80033and USD6 400.34However, at the same time, with a Gini-
coefficient ranging between 0.6 and 0.7 the country sports high levels of inequality and
poverty.35The proportion of the population below USD1 per day stood at 35 percent, while
27
“Food aid for flood regions”, New Era online, October 28 2009
28
“Food aid for flood regions”, New Era online, October 28 2009
29
http://one.wfp.org/country_brief/indexcountry.asp?country=516
30
31
400 000 Namibians are hungry—FAO”, New Era online, November 6 2009
32
“Wage gap is growing, warns LaRRI”, The Namibian online, November 13 2009
33
http://www.iss.co.za/AF/profiles/Namibia/Economy.html
34
http://www.nationsencyclopedia.com/economies/Africa/Namibia-POVERTY-AND-WEALTH.html
35
http://www.undp.org/poverty/projects_namibia.shtml, and http://www.usaid.gov/locations/sub-
saharan_africa/countries/namibia;
http://www.namibian.com.na/index.php?id=28&tx_ttnews%5Btt_news%5D=33853&no_cache=1/
20
the proportion of the citizenry below USD2 per day stood at 56 percent.36This then means
that altogether 91 percent of the country’s population of 2.1 million is poor! Hence, NSHR
warns that unless something is done quickly to narrow the income gap between a small
minority which lives in absolute opulence and happiness while the vast majority remains poor,
hungry and desperate, the country might be sitting on a powder keg.
1.2. RIGHT TO EDUCATION
The right to education is one of the vital elements of the right to economic security. Education is
a fundamental right guaranteed in both national and international law.37The right to
education is an indispensable means of realizing other human rights. As an empowerment
right, education is the primary vehicle by which socio-economically marginalized adults and
children can lift themselves out of poverty and obtain the means to participate fully in the
socio-economic and cultural development of their communities.
Education also plays a vital role in empowering women, safeguarding children from
exploitative and hazardous labor, and sexual exploitation as well as promoting human rights
and democracy, protecting the environment, and controlling population growth. Increasingly,
education is recognized as one of the best financial investments States Parties to ICESCR can
make.38Furthermore, the normative contents of the right to education require UN Member
States to ensure that education--whether public or private, formal or non-formal--is directed
towards the aims and objectives identified in ICESCR39, viz. (1) that education should be
directed to the development of human personality's “sense of dignity”, (2) that it should
“enable all persons to participate effectively in a free society”, and (3) that it should promote
understanding among all “ethnic” groups in the country.40
GoN is also obligated to provide available, accessible, acceptable and adaptable education
in all its forms and at all levels by ensuring that by 2015, Namibian children everywhere boys
36
http://earthtrends.wri.org/povlinks/country/namibia.php
37
Article 20 of NC and Articles 13 and 14 of ICESCR
38
Paragraph 1, U.N. document E/C.12/1999/10, December 8 1999
39
Paragraph 4, U.N. document E/C.12/1999/10, December 8 1999 and. Article 13 (1) of ICESCR
40
Article 13 (1) of ICESCR and Article 26(2) of UDHR
21
and girls alike will be able to complete a full course of primary schooling.41Moreover, GoN is
under the urgent obligation to promote gender equality and empower women by eliminating
gender disparity in primary and secondary education as well as in all levels of education no
later than 2015. In particular, MDG 3 is to be achieved by inter alia increasing the ratio of
girls to boys in primary, secondary and tertiary education, by improving the ratio of women
to men between the ages of 15 and 24 years.42
However, during the period under review, the country’s primary (including pre-primary),
secondary and tertiary education system continued to experience virtually the same or even
chronic problems, which had characterized it during the previous periods of reporting. This is
despite the fact that MoE has been receiving the largest budgetary allocation since the
country’s independence 20 years ago. Speaking in his private capacity as an ordinary citizen
on January 16 2009, former Education Minister and incumbent Prime Minister, Nahas Angula,
citing a World Bank report, noted that:
“[..]. Namibia's education and training system still fails to supply the middle- to high-level
skilled labor required to meet current labor market demands and to facilitate the national
growth strategy”.
Basing his judgment on, inter alia, the performance of learners at the higher and junior levels
of education, Citizen Angula also noted that only 17 percent of the some 40 000 Grade 12
candidates could qualify for admission at South African universities. Angula added that at this
level the final examination results showed constant decrease in performance since 2005. As
for the junior or Grade 10 level, Angula warned that although more candidates have
qualified for admission to Grade 11 in 2008 than in 2007, only a few would actually secure
admission to Grade 11 in the 2009 school year due to severe shortage of classrooms.43
In so far as the right to education of the country’s OVC population was concerned, there was
even less to celebrate for. GoN indicators show that slight progress has been achieved in the
area of OVC education between April 1 2007 and March 31 2008 as the activities planned
41
42
43
“2008 Education Outcomes Balance Sheet - by Citizen Nahas Angula”, New Era online, January 16 2009
22
have either been partially achieved or they have totally failed. The National Education Sector
Policy for OVC has yet to be finalized and published.44As the period under consideration
ended, there were 250 000 OVCs in the country of whom some 182 000 are enrolled in
school.45Hence, NSHR deems it unlikely that, under the prevailing socio-economic conditions,
GoN is capable of achieving universal primary education by 2015.46
1.3. RIGHT TO WORK
The right to work is also an indispensable element of the right to economic security. In terms of
international law, GoN has undertaken to take legislative, judicial, administrative and other
steps, to the maximum of its available resources and by all appropriate means, including
particularly the adoption of effective legislative measures, with the view to achieve
progressively the full realization of the right to work. This includes the right of everyone
without discrimination of any kind such as race, color, sex and or sexual orientation, language,
religion, political or other opinion, national or social origin, property, birth of economic status,
to the opportunity to gain his or her living which he or she freely chooses and accepts.47
Moreover, in accordance with the principles of State responsibility, GoN has the obligation to
achieve full realization of the right to work by inter alia making provision for technical and
vocational guidance and training programs as well as policies to progressively achieve full
and productive employment under conditions safeguarding fundamental political and
economic freedoms and rights.48Furthermore, GoN is even more under the urgent obligation to
the increase of the share of women in wage employment in the non-agricultural sector.49
44
“Introduction to OVC Education”, National Plan of Action 200-2010 for Orphans and Vulnerable Children in
Namibia, Annual Progress and Monitoring Report for 1 April 2007 and 31 March 2008, Directorate of Child
Welfare, MGECW, p. 10-13
45
“Current OVC Situation”, Introduction, National Plan of Action 200-2010 for Orphans and Vulnerable
Children in Namibia, Annual Progress and Monitoring Report for 1 April 2007 and 31 March 2008,
Directorate of Child Welfare, MGECW, p.1
46
As required under MDG 2 and MDG 3
47
Articles 2(1), 2(2), 6(1), 7 and 8 of ICESCR
48
Articles 2, 7 and 8 of ICESCR
49
23
NC makes provision for the freedom of association which includes the right to form and join
trade unions and related associations.50NC also requires GoN to inter alia enact legislation
making provision for equality of men and women to opportunity and remuneration; to ensure
that workers are paid a living wage adequate for the maintenance of a decent standard of
living; to encourage the formation of independent trade unions capable of protecting workers’
rights and interests as well as to promote sound labor relations and practices.51
GoN has enacted labor laws purporting to protect the right of all workers against inter alia
unfair practices and or dismissals as well as exploitation and other abuses. This includes the
right of all workers to withhold labor and to legal recourse in cases of labor disputes.
Furthermore, GoN has ratified several ILO conventions on workers rights which are part and
parcel of the country’s domestic legislation.52GoN is also under the obligation to increase by
2015 of the share of women in wage employment in the non-agricultural sector.53
In practice, however, during the period under reporting, Namibia remained one of the
countries with the highest unemployment rates in the world. GoN figures showed that close to
37 percent of the workforce was unemployed as the period under reviewed ended, with only
one third said to be formally employed.54
Moreover, unofficial figures, which are more realistic and accurate than the official ones,
suggest that the country’s real unemployment rate could be as high as 60 percent. For
example, unemployment remained unusually high among women (close 60 percent), while the
joblessness among the population between the ages of 15 and 34 years ranged between 60
percent and 80 percent.
Moreover, NSHR statistics also show unemployment as the biggest problem facing its
beneficiaries during the period under reporting. A VOAR survey conducted countrywide [see
Fig.1.3, infra] shows that unemployment--followed by poverty and lack of access to water
50
Article 21(1)(e) of NC
51
Articles 95(a), 95(c) and 95(i) of NC
52
Articles 143 and 144 of NC
53
MDG3
54
“Namibia Suicide Statistics Worrisome”, New Era online, Friday, May 16 2008
24
and electricity--was the biggest socio-economic hardship plaguing the majority of the
country’s people. Out of a total of 3 571 people polled, 54 percent fingered unemployment
as the major problem in their respective residential areas. Eight (8) and six (6) percent of the
VOAR respondents said that poverty and lack of water and electricity, respectively, were the
biggest problems facing them after unemployment.
Furthermore during the period under review, NSHR continued to receive numerous complaints
of inter alia unsound labor practices and unfair dismissals both in the private and public
sectors of the country’s economy. For example, the Organization’s PCD statistics [vide Fig.2.1
under Chapter IV, p.173-174, infra] show that, out of a total of 2 862 cases handled by
NSHR’s offices countrywide, 43 percent or 1 234 of all the PCD cases constituted complaints
relating to labor-related disputes.
VISITOR'S OPINION ASSESMENT REGISTER (VOAR) NOV08-NOV09
ALL OFFICES: NUMBER OF PEPLE POLLED: 3 571
Lack of Clinics & health

Crime facilities
Alcohol & Drug abuse 1%
3%
3%
Lack of Development
Alcohol & Drug abuse
4%
Water & Electricity Crime
6% Lack of Housing
3% Lack of Clinics & health facilities
Lack of Roads Lack of Development
5%
Lack of Housing
No Problem
2% Lack of Roads
Noise Pollution No Problem
0%
Noise Pollution
Others
8% Others
Poverty
Poverty
Unemployment 8% Sanitation
54%
Unemployment
Sanitation
3% Water & Electricity
Fig.1.3: Combined VOAR Pie
Furthermore, other factors--which negatively affect workers’ rights in all material respects
included negative processes and structural deficiencies, such as political-party affiliated trade
unions, GoN hostility towards independent trade unions and globalization, as well as GoN’s
pursuit of neo-liberal socio-economic policies.
25
Privatization of State-owned enterprises and retrenchment of workers as well as casualization
of labor through labor hire companies and pernicious child labor--remained pervasive as the
period under consideration ended.55
1.4. RIGHT TO SOCIAL SECURITY
Both NC and ICESCR guarantee the right of everyone to social security, including social
insurance.56This right is non-derogable even in times of severe economic constraints. In
particular, vulnerable members of society should be protected through the adoption of inter
alia relatively low-cost targeted programs, such as social assistance, the prevention diseases
and provision of medical care as well as of food, water, housing, employment, training,
education and culture. GoN is also under unfailing obligation to reduce the under-five and
maternal mortality ratios by two thirds by the year 2015.57
However, the realization of the right to social security also remained a pipe dream during the
period under review. The overwhelming majority of the country’s population faced grave
social security threats, such as poverty, hunger, ignorance, destitution and diseases as well as
natural disasters. During the period under reporting, the country also continued to face the
“triple threat” characterized by the HIV-AIDS pandemic, food insecurity and lack of
government capacity.58
The mortality rates also continued to rise unabatedly. High maternal mortalities remained in
spite of GoN claims that 90 percent of pregnant women have access to antenatal care, while
another 80 percent supposedly delivered at health facilities assisted by trained health
personnel. Some 80 Namibian women die every year from pregnancy related complications
and the country’s maternal mortality rate (MMR) has almost doubled in six years from 271
deaths per 100 000 live births in 2000 to 449 deaths per 100 000 live births in 2006.59The
55
“2007 Findings on the worst forms of child labor—Namibia”, United States Department of Labor, August 27
2008
56
Article 95 of NC and Articles 9 and 10 of ICESCR
57
Targets 5 (indicators 13-15) and 6(indicators 15-16) of MDG 4 and MDG 5
58
“NAMIBIA: Joblessness, poverty challenge progress, report”, IRINNews online, October 16 2006
59
“New Strategy Could Reduce Maternal Mortality”. New Era online, March 2 2009
26
child mortality rate also increased over the same period, from 62 per 1 000 live births to 69
per 1 000 live births, while the infant mortality rate also went up from 38 per 1 000 live
births to 46 per 1 000 live births.60
Furthermore, statistics contained in a WHO publication entitled Maternal and Child Health in
Namibia, citing 2006-2007 demographic reports, showed the Kavango, Kunene, Caprivi,
Otjozondjupa and Omaheke regions having the highest number of teenage mothers, with 34,
30.5, 30, 27 and 27 percent, respectively, of women between 15 and 19 years having
started bearing children. Statistics also showed that 58 percent of teenage mothers had no
formal education at all, while only between 6 and 25 percent had completed secondary
school and 22 had completed primary education. Statistics also indicate that there is a strong
correlation between education and pregnancy and income and pregnancy because more
teenage pregnancies occur among women in the low income bracket.61
The 2006-2007 Demographic Health Survey also showed that 84 percent of 15 to 19 years
olds had higher risk sexual intercourse. Teenage pregnancies also result in a vicious cycle of
poverty because the teenage mothers drop out of school and may not return to school after
the baby is born.62As the period under review ended, thousands of citizens were exposed to
natural disasters, such as drought63and floods64as well as wildfires.65
2. RIGHT TO HEALTH SECURITY
The right to health security refers to the minimum protection of citizens from infectious and
parasitic diseases as well as unhealthy lifestyles.
60
“Maternal Death Rate Shoots Up”, New Era online, January 29 2008
61
“Girls Rushing Into Motherhood”, New Era online, March 12 2009
62
63
64
“Namibia better prepared for floods”, New Era online, Tuesday, October 6 2009 and “Malaria cases rise in
North”, The Namibian online, March 26 2009
65
“Wildfires destroy tracks of land”, New Era online, Tuesday, October 9 2008 and Veld fire destroys grazing in
the North”, The Namibian online, Tuesday, August 21 2007
27
In terms of international law, the right to enjoy the highest attainable standard of physical
and mental health is closely related to and dependent upon the realization of other human
rights, including the rights to food, housing, work, education, human dignity, life, non-
discrimination, equality, the prohibition against torture, privacy, access to information, and the
freedoms of association, assembly and movement.66
ICESCR acknowledges the fact that the right to health embraces a wide range of socio-
economic factors that promote conditions in which people can lead a healthy life, and extends
to the underlying determinants of health, such as food and nutrition, housing, access to safe
and potable water and adequate sanitation, safe and healthy working conditions, and a
healthy environment.67 CESCR also interprets the right to enjoy the highest attainable
standard of physical and mental health as an inclusive right extending, not only to the
provision of timely and appropriate health care, but also other underlying determinants of
health, such as access to health-related education and information, including on sexual and
reproductive health.68
GoN is also under international obligation to reduce by two-thirds child mortality rates and
improve by three-quarters maternal health by 2015, as well as to halt and begin to reverse
the spread of deadly communicable and incommunicable pathologies, such as HIV-AIDS, TB
and malaria.69
Domestically, GoN is duty-bound to respect, protect, and fulfill the right of every citizen to
health security.70This includes the right of all citizens to enjoy the highest attainable standard
of physical and mental health.71 However, despite receiving the second largest budgetary
allocation annually, MoHSS remained unable to meet its health goals mainly because of the
seemingly insurmountable chronic challenges. These include a critical shortage of medical staff,
lack of adequate medical equipment and essential drugs, frequent electricity blackouts and
water shortages as well as chronic lice, rodent and cockroach infestation in most of the
66
CESCR General Comment no.14(3) of 2000
67
Article 12 (2) of ICESCR
68
CESCR Genral Coment no.14(11) of 2000
69
Targets 5-6, indicators 13-20, MDG 4-6
70
Article 95 of NC
71
Article 98(1) of NC
28
country’s aging public health institutions.72The underlying barriers contributing to staff leaving
state health facilities and to the lack of improvement in the healthcare system’s performance
included the absence of clinical leadership and a lack of financial incentives, such as better
salaries.73As the period being reviewed ended, several preventable infections and parasitic
diseases dramatically undermined the right of citizens to health security and to the enjoyment
of the highest attainable standard of mental and physical health as well as sexual and
reproductive health, including:
2.1. HIV-AIDS
GoN is under obligation to halt and start to reverse the spread of HIV-AIDS by 2015. This
obligation is complied with by inter alia stopping HIV prevalence among pregnant women
aged between 15 and 24 years, increasing the condom use rate of the contraceptive
prevalence rate and increasing the percentage of the population aged between 15 and 24
years by increasing awareness about HIV-AIDS as well as improve the ratio of school
attendance of OVC to school attendance of non-OVC children between the ages of 10 and
14 years.74
However, during the period under review, Namibia’s HIV-AIDS infection rate remains
unabatedly one of the highest in the SADC region, ranging between 19 and 22 percent of the
population of close to 2 million people.75 GoN says that the HIV-AIDS pandemic has been the
leading cause of death in the country since 1997. More than 200 000 citizens are said to be
HIV-positive while many more people continued to be infected with HIV on a daily basis. A
WFP overview report on Namibia says that has the sixth-highest prevalence of HIV-AIDS in
the world and that the national HIV-AIDS prevalence rate is about 19.7 percent peaking at
around 40 percent in the Caprivi Region. The pandemic has contributed to a rapidly growing
72
“Hospital still a rubbish dump”, The Namibian online, Tuesday, October 10 2006
73
“Public Health Suffers Massive Brain Drain”, New Era online, Monday, September 15 2008
74
As required in terms of Target 7, indicators 18-20, of MDG 6
75
“HIV-AIDS in Namibia: Progress Report 2008”, UNGA Special Seesion 2008 and “Demographic
characteristics: Elections 2009: Profile: Khomas Region”, New Era online, September 10 2009
29
number of orphans and OVC. The current estimate is that Namibia has 140 000 orphans. Of
these, 85 000 were OVCs due to HIV-AIDS.76
Nonetheless, GoN claimed that it has made “significant progress” in fighting HIV-AIDS as
observed in the “reduction” of the national HIV prevalence rate from 22 percent in 2002 to
close to 18 percent during 2008. The other major achievement, GoN boasted, is the
enrollment of more than 40 000 people on the antiretroviral therapy (ART) program.77
However, the fact is that during the period under reporting the country experienced an
imbalance between “progress” made in HIV “reduction” on the one hand and the lamentable
failures in HIV prevention, on the other. While GoN is said to have been treating HIV “very
well”, on the one hand, it was failing to prevent HIV “very well”, on the other. Hence, there is
reasonable cause to fear that HIV treatment may actually crash if it is not matched with an
equal measure of HIV prevention. Therefore, the future regarding HIV-AIDS prevalence in the
country does not look bright as some of those infected will require ARV treatment at some
stage while those newly-infected will add another burden to the country’s health system and
resources.78
2.2. TB
GoN is also under obligation to halt and start to reverse the spread of TB by 2015. This
obligation is only complied with by inter alia improving the country’s TB detection and
treatment rates.79However, Namibia’s ever deteriorating TB infection rate assumed dramatic
proportions during the period under review. The country remained the world's second worst
TB-affected nation after the Kingdom of Swaziland.80Tuberculosis is one of the main public
health threats in Namibia.
76
77
“World AIDS Day and HIV Prevention”, New Era online, December 4 2009
78
“World AIDS Day and HIV Prevention”, New Era online, December 4 2009
79
As required in terms of Target 7, indicators 23-24, of MDG 6
80
“TB declared a national health emergency”, The Namibian online, Friday, February 8 2008; “TB declared a
health emergency”, New Era online, Friday, February 8 2008; and “Drug Resistant TB Strain Confirmed”, The
Namibian online, Friday, May 16 2008
30
Cases of Multi-Drug Resistant Tuberculosis (MDR-TB) and Extremely Drug-Resistant TB (XDR-TB)
also remained on the rise in the country during the period under review. On March 24 2009
MoHSS Minister Dr. Richard Kamwi said while a slight decline has been recorded in general
statistics, the number of MDR-TB increased from 200 cases by the end of 2008 to 216 by
March 24 2009.81
During the period under consideration there has been an alarming rise in two TB strains. By
March 2009 MoHSS confirmed cases of MDR-TB and XDR-TB with 23 cases being treated in
the country. That number has since been reduced to 10 with 13 deaths
recorded.82Nonetheless, in spite of high percentages of TB infection rate, MoHSS Minister Dr.
Richard Kamwi claimed that significant improvements have been recorded in the area of
treatment with 83 percent of the patients that have started DOTS in 2007. However, that
percentage is short of the WHO’s treatment standard of 85 percent. Nonetheless, according
to WHO, Namibia has the highest TB case detection and treatment success rates in the SADC
region.83
2.3. MALARIA
GoN is furthermore under finite obligation to halt and begin to reverse the spread of malaria
by 2015.84However, listed as the number three killer in the country, malaria has also
remained widespread in the country during the period under review, as malaria cases
continue to rise with close to 8 000 cases having been reported in the four north-central
regions while 25 people have died of the disease.85During the previous period of reporting,
MoHSS Minister Dr. Kamwi warned that the prevalence of the mosquito borne epidemic has
reached unprecedented levels in recent years.86
81
“Rise of TB Strain Alarms Govt”, New Era online, March 26 2009
82
“Rise of TB Strain Alarms Govt”, New Era online, March 26 2009
83
“Rise of TB Strain Alarms Govt”, New Era online, March 26 2009; “Super-TB neem skerp toe”, Republikein
online, March 25 2009; and “Let’s get to it and stop it in its tracks”, The Namibian online, March 25 2009
84
Target 8, indicators 21-22 of MDG 6
85
86
“Millions set aside for malaria”, The Namibian online, Wednesday, May 9 2007
31
Speaking at the commemorations of Malaria Day at Ruacana in the Omusati Region on March
21 2009, MoHSS Minister Dr. Richard Kamwi said Omusati recorded 908 malaria cases with
29 deaths from November 2008 to March 2009. The Ohangwena Region has recorded 549
malaria cases and 36 deaths during the same period while the Kavango Region reported the
highest figure with 2 182 malaria cases and 34 deaths. During the period under reporting,
Namibia recorded 4 070 malaria cases with 135 deaths during the same period. By contrast,
this is the highest figure compared to the same time since 2006.87
Namibia has been reducing its malaria related deaths since 2004. According to statistics, the
number of outpatients with malaria dropped between 2006 and 2007 by 35 percent and 79
percent respectively. In 2005, about 369 000 malaria cases and 1 060 deaths were
reported. This figure dropped significantly to 102 300 cases and 181 deaths in 2007.88
2.4. CHOLERA
GoN is, furthermore, under the obligation to halt the spread of cholera by 2015.89 However,
incidence of cholera remained unabatedly high in several regions of the country. For example,
MoHSS Kunene Regional Director Linda Nambundunga expressed concern about the increase
in cholera cases in the region. Since October 2008, MoHSS has recorded some 140 and 150
cases of acute diarrhea of which 9 were confirmed as cholera after laboratory tests. Between
7 and 8 people lost their lives to the pathology by February 2009. This death toll represents
5 percent, a figure way beyond WHO’s standard of less than 1 percent. Poor sanitation and
hygiene conditions and overcrowded squatter settlements as well as heavy rains have been
cited as aggravating factors for the cholera infestation in the north-central and northwestern
regions of the country.90
Ohangwena Regional Governor Usko Nghaanwa in early March 2009 described the threat
posed by cholera as “a cholera time bomb which is waiting to explode”. Governor
Nghaamwa cited inter alia unhygienic conditions as factors aggravating the infestation of the
87
“Kamwi warns of increase in malaria cases”, New Era online, April 27 2009
88
“Malaria: Namibia can’t rest on its laurels”, New Era online, September 1 2009
89
90
“Upsurge in Cholera Cases”, New Era online, February 19 2009 and “Cholera kom onder soeklig”,
Republikein online, February 24 2009
32
lethal but easily treatable water borne pathology. In 2008 cholera infected over 1 000
people in the Engela area of the Ohangwena Region alone.91
2.5. MEASELS
GoN is also under finite obligation to prevent the outbreak and the spread of measles and
thereby contribute to the achievement of MDGs by 2015.92 Moreover, CESCR interprets the
right to right to enjoy the highest attainable standard of physical and mental health as an
inclusive right extending, not only to timely and appropriate health care, but also to other
underlying determinants of health, such as access to safe and potable water and adequate
sanitation, an adequate supply of safe food, nutrition and housing, healthy occupational and
environmental conditions, and access to health-related education and information, including on
sexual and reproductive health.93
However, the period under reporting also witnessed a dramatic infestation of measles,
following a massive outbreak of this highly communicable pathology in neighboring Angola.
Expressing concern that the Angolan outbreak had since spilled over into Namibia,
Epidemiology and Disease Surveillance Directorate Acting Director Primus Shilunga said on
August 22 2009 that 26 cases of measles had been reported, while 2 cases had been
confirmed in the Engela District of the Ohangwena Region. Shilunga reportedly emphasized
that several factors such as lack of information, education and communication and lack of
means of transport for surveillance purposes as well as absence of communication between
the regions compounded the measles infestation.94
By October 2009, the measles outbreak assumed crisis proportion with over 160 people
having tested positive for the disease in nine of the 13 administrative regions of the country.
According to MoHSS figures, with close 70 cases, the Ohangwena Region had the highest
number of measles cases, followed by the Khomas and Kunene regions with 64 and 14,
91
“Oshikango – a Cholera Trap”, New Era online, March 3 2009
92
93
CESCR Genral Coment no.14(11) of 2000
94
“Engela District Hospital confirms two measles cases”, Windhoek Observer, Saturday, August 29 2009 –
Friday, September 4 2009, p.5 and “Measles outbreak for Engela”, The Namibian online, Thursday, August 27
2009
33
respectively. Slightly more than 240 new cases have been reported as period under review
ended.95
2.6. SWINE FLU
GoN is also under the obligation to prevent the outbreak and the spread of any other
communicable and incommunicable diseases in the country with the view to realize the right of
every citizen to the enjoyment of the highest attainable standard of physical and mental
health.96 Nonetheless, the period under reporting also experienced an outbreak of the swine
flu, also known as the H1N1 virus. By August 28 2009 health authorities had confirmed 34
cases of H1N1 infestation countrywide.
The H1N1 virus, which mainly victimizes pregnant women, the elderly and young people as
well as HIV-AIDS sufferers, has been complicated by severe shortage of drugs in the
country.97On August 30 2009, National Health Emergency Management Committee (NHEMC)
Chairperson Dr. Jack Vries warned that the H1N1 infection rate could be much higher.
Symptoms of the flu include fever, coughing, sore throat, runny or stuffy nose, body aches and
headache, chills, fatigue and, in some cases, vomiting and diarrhea.98
2.7. CANCER
Like all other communicable and incommunicable diseases reported in the country, cancer also
remained on the increase during the period under review. Cancer Association of Namibia
(CAN) Director Dr. Reinette Koegelenberg reportedly told New Era in February 2009 that
each year there are between 800 and 1 000 new cases of cancer recorded countrywide. Dr.
Koegelenberg said the most common cancer type is skin, followed by cervical, breast and
95
“Maselkrisis”, Republikein online, October 19 2009
96
Target 8 and indicators 21-22 of MDG 6 and Article 12(1) of ICESCR read with CESCR General Comment
no 14 (11) of 2000
97
“Namibia confirms 34 cases of H1N1”, Windhoek Observer, Saturday, August 29 2009– Friday, September 4
2009, p.5
98
“Flu cases now up to 40”, The Namibian online, August 31 2009
34
prostate tumors, respectively. Dr. Koegelenberg added that most cancers were linked to
tobacco use, unhealthy diet or infectious agents.99
3. RIGHT TO ENVIRONMENTAL SECURITY
The right to environmental security and sustainability aims to protect people from the short-
and long-term ravages of nature as well as from the deterioration of the natural environment.
The right to environmental security, economic security and social security are interdependent
and mutually reinforcing components of sustainable development.100GoN has the
responsibility and duty to promote and maintain the welfare of the people by inter alia
adopting policies aimed at the maintenance of ecosystems, essential ecological processes and
biodiversity of the country.101This includes measures against dumping and processing of
uranium and other toxic waste.102
MDG 7 calls on inter alia GoN to integrate the principles of sustainable human development
into its domestic policies and programs. Specifically, GoN is under the obligation to integrate
the principles of sustainable development into the country’s policies and programs and reverse
the loss of environmental resources, reduce biodiversity loss, achieving, by 2010, a significant
reduction in the rate of loss and halve, by 2015, the proportion of the population without
sustainable access to safe drinking water and basic sanitation and, by 2020, to have
achieved a significant improvement in the lives of slum dwellers.103
However, during the period under review, Namibia’s chronic desertification problem--which is
brought about mostly through deforestation and bush encroachment, soil erosion, and
overgrazing or over-cultivation--continued unabatedly. Poor and or limited GoN
understanding of the interrelationships between desertification, poverty alleviation, land
reform, and sustainable development, as well as the lack of sufficient political will to address
these issues with the necessary vigor, has exacerbated the situation further.
99
“Cancer Cases on the Increase”, New Era online, February 12 2009
100
Agenda 21, Habitat II
101
Articles 95(l) and 91(c) of NC and Article 12 (1) (b) of ICESCR
102
Articles 95(l) and 91(c) of NC and Article 12 (1) (b) of ICESCR
103
Target 9 and indicators 25-29 of MDG 7
35
During the period under consideration, much of northern Namibia was affected by flood
waters during the first quarter of 2009. Heavy flooding caused 40 000 people to lose their
homes in the Oshana, Omusati and Ohangwena regions and over 100 000 children could not
attend school because more than 200 schools remained closed for most of the first semester of
2009.104Over 700 000 people were affected by the floods countrywide, with 7 063 people
displaced and 4 480 relocated.105
Furthermore, with around 3 800 tons production annually, Namibia has become the world’s
sixth largest uranium producer delivering 7 percent of the world’s yellowcake. The current
international energy crisis inter alia caused by the depletion of fossil fuels, such as oil and gas
and armed conflict, has resulted in higher electricity prices and has led to the scramble for
uranium mining in the country. Hence, Namibians feared that increased uranium operations in
the Erongo Region would cause severe soil and air pollution and that the natural beauty of the
Namib Desert would suffer immensely.106
Furthermore, Namibia is a party to the United Nations Framework Convention on Climate

Change (UNFCCC).107UNFCCC’s Kyoto Protocol binds 38 industrialized countries to reducing
their green-house gas emissions by 2012, the year in which the Protocol expires. However,
Namibia was one of the several African countries trailing behind with regard to fighting
climate change as provided for under the Clean Development Mechanism (CDM) of the Kyoto
Protocol. CDM is one of the arrangements of UNFCCC, which allows companies in
industrialized countries to invest in green-house gas reduction projects in developing countries
as an alternative to more expensive emissions reduction in their own countries.108
Environment and Tourism Minister Netumbo Nandi-Ndaitwah complained about the fact that
Africa and Namibia, in particular, had not fully benefited from technology transfer and
capacity building as provided for under the Kyoto Protocol. Mme Nandi-Ndaitwah called for
104
“Namibia better prepared for floods”, New Era online, Tuesday, October 6 2009
105
106
http://allafrica.com/stories/200812050487.html
107
“Africa lagging on climate change projects”, The Namibian online, July 9 2009
108
“Africa lagging on climate change projects”, The Namibian online, July 9 2009
36
a simplification of CDM technologies and an increased coverage of small-scale CDM projects
targeted for small economies and developing countries.
Climate change, caused by the emission of greenhouse gases, has become a very serious
environmental security threat also in Namibia. Carbon dioxide (CO2) has been singled out as
the main gas causing climate change worldwide.CO2 is released through the burning of fossil
fuels.
4. RIGHT TO HOUSING SECURITY
The right to housing security which is based upon the right to adequate standard of living as
enunciated in UDHR109is provided for in ICESCR110, ICERD111, CEDAW112 and CRC113as well
as Habitat II’s Agenda 21. These instruments guarantee the right of everyone to a standard of
living adequate for the health and well-being of himself or herself and his or her family. This
right includes the to right to food, clothing, housing and medical care and necessary social
services as well as the right to social security in the event of unemployment, sickness, disability,
widowhood, old age or other lack of livelihood in circumstances beyond his or her control.
As a State Party to ICESCR, GoN has an obligation to guarantee the right of everyone to an
adequate standard of living for himself or herself and his or her family, including adequate
food, clothing and housing, and to the continuous improvement of living conditions.114The
adequacy of housing is partially determined by social, economic, cultural, climatic, ecological
and other factors and CESCR holds that certain characteristics of the adequacy of housing
must be taken into account in any particular context. These characteristics include the legal
security of tenure, availability of services, materials, facilities and infrastructure; affordability;
habitability; accessibility and location as well as cultural adequacy.115
109
Article 25(1) of UDHR
110
111
Article 28 of ICERD
112
Article 14 of CEDAW
113
Article 27 of CRC
114
Article 11(1) of ICESCR and CESCR General Comment 4 of December 13 1991
115
CESCR General Comment 4 of December 13 1991
37
However, during the period under review as well also as during the preceding periods under
consideration, gross inadequacy of housing continued to affect the daily lives and welfare of
thousands citizens in the country. This scheme of things was aggravated by the ever-
expanding urban squalor, marked by ever-mushrooming of shanty towns in and around most
of the country’s urban centers.
The gravest threats to human security confronting the country’s urban centers included growing
abject poverty, unemployment, spreading of homelessness and mushrooming of squatter
settlements, escalating crime rate, ADA, environmental degradation, escalating conflict over
land and other natural resources, forced evictions and insecure land tenure, raising traffic
congestion, increasing pollution, inadequate water supply and sanitation and uncoordinated
urban development. These threats also cause and exacerbate legal insecurity of tenure,
unavailability of services, materials and facilities as well as infrastructure; unaffordability;
unhabitability; inaccessibility of housing in urban centers.
B. STATE OF CIVIL AND POLITICAL SECURITY
NC is the Supreme Law of Namibia in accordance with which the country must be
governed.116NC says that nobody is above the law117and that “all power shall vest in the
people of Namibia, who shall exercise their sovereignty through the democratic institutions of
the State”.118NC also recognizes the fact that the inherent dignity and the equal and
inalienable rights of every resident “are most effectively maintained and protected in a
democratic society, operating under a sovereign constitution and an independent judiciary, in
which the executive branch is accountable to the legislative branch of government.119NC also
recognizes the fact that the inherent dignity and the equal and inalienable rights of every
resident is sine qua non for freedom, justice and peace.120
116
Paragraph 6, Preamble and Article 1(6), read with Articles 30, 32(1), 38, 55 and 71 of NC as well as
Schedules 1 and 2 of NC
117
Article 10 of NC
118
Article 1(2) of NC
119
Paragraph 3, Preamble to NC
120
Paragraph 1, Preamble of NC
38
Moreover, the principal reason for the existence of the Republic of Namibia is to secure to “all
our citizens justice, liberty, equality and fraternity”121, while the country is defined inter alia as
“a State founded upon the principles of democracy, the rule of law and justice for all”.122NC
also makes provision for a Bill of Fundamental Human Rights Freedoms123wholly consistent with
UDHR and permanently entrenched therein as well as the establishment of the Office of the
Ombudsman to inter alia “investigate complaints concerning alleged or apparent instances of
violations of fundamental rights and freedoms, abuse of power, unfair, harsh insensitive or
discourteous treatement of an inhabitant of Namibia by an official in the employ of any
organ of Government(whether central or local), manifest injustice, or corruption or conduct by
such an official which would properly be regarded as unlawful, oppressive or unfair in a
democratic society”.124
Furthermore, Namibia has ratified most international human rights treaties on civil and political
rights. These treaties also oblige GoN to adopt legislative, judicial, administrative and other
measures to give effect thereto. Some of these treaties are bilateral125and or
multilateral126cooperation partnerships on international development assistance which
prioritize inter alia democracy, the rule of law, good governance and respect for
internationally recognized human rights and fundamental freedoms for both individuals and
communities.127
Nonetheless, despite all the abovementioned legal requirements, the deterioration in the
country’s overall personal and political security situation intensified even further as a host of
personal, political and community security threats remained unabatedly pervasive during the
period under consideration. This deterioration resulted from several socio-political and cultural
factors and manifested itself in terms of various factors in virtually all areas of freedom from
121
paragraph 5(5), Preamble of NC
122
Article 1(1), Constitution of NC
123
Chapter 3 of NC
124
Article 91 (a) of NC
125
“Human rights, democracy, indigenous people and democracy”, Annex 13: Policy Coherence for
Development-More Detailed Considerations”, Republic of Namibia-European Community: Country Strategy
Paper on National Indicative Programme for the period 2008-2013, p.39
126
“Africa-EU Partnership on Democracy and Human Rights”, Communication to the Council and the European
Parliament: One year after Lisbon: The Africa-EU partnership at work”, Brussels 17.10.2008, p.4
127
Article 9 of ACP-EU Cotonou Agreement and Articles 4 and 6 of African Charter on Democracy, Elections
and Governance
39
fear. As the period under review ended, several grave threats to human security have
occurred threatening a whole spectrum of human security rights, including:
1. RIGHT TO PERSONAL SECURITY
The right to personal security refers to the protection of individuals from physical violence
whether originating from State violence (i.e. official physical violence) or from violent
individual citizens (i.e. unofficial physical violence).
One of the greatest threats to the right to personal security in Namibia is non-politically
motivated physical violence and other factors associated with the lack of freedom from want.
These include crime and societal discrimination. “Physical violence” refers to the intentional use
of physical force or power, threatened or actual, against oneself, another person, or against
a group or community that either results in or has a high likelihood of resulting in injury, death,
psychological harm, mal-development or deprivation.128
NSHR identifies several root causes and factors exacerbating physical violence, viz.
discrimination based on socio-cultural practices and socio-economic factors and the media as
well as idolization of persons who have achieved public prominence on account of their violent
deeds. During the period under review, the overwhelming majority of the threats to the right
to personal security came from unofficial physical violence, including:
1.1. CRIME
Like most other socio-economic and socio-cultural afflictions occurring in the country, crime has
continued to increase unabatedly during the period under review. Available official statistics
show that the country’s crime rate has escalated, with a total of 25 692 crime incidents having
been perpetrated countrywide between November 1 2008 and January 31 2009 alone.
Speaking in NA in March 2009, MSS Minister Dr. Nickey Iyambo noted that the crime rate has
increased by 3.8 percent between April 2007 and March 2008. Dr. Iyambo also told NA that
128
“Landscapes of violence”, Sister Namibia Magazine, March 2008, p.16-17
40
8 516, 8 842 and 8 334 cases have been reported in November 2008, December 2008 and
January 2009, respectively.129
Dr. Iyambo indicated that most criminal incidents had occurred in the larger towns and cities of
the country. With a total of 4 755 incidents, Windhoek had the highest crime rate followed by
Keetmanshoop with 842 incidents. A total of 776 crime incidents were recorded at the coastal
town of Swakopmund.130Other major urban centers fared as follows: Ondangwa 709,
Otjiwarongo 570, Mariental 548, Katima Mulilo 491 and Rundu 485. A total of 2 450 adults
and 20 youths had been arrested for having committed criminal acts between November
2008 and December 2008 alone. According to Dr. Iyambo, burglary or robbery accounted
for a total of 2 281 cases.131
1.1.1. ARMED ROBBERY
Armed robbery has also remained a major threat to personal security in the country during
the period of reporting. Police statistics showed that armed robbery was the order of the day
with most incidents occurring in Windhoek.132
1.1.2. MURDER
The incidence of murder and inchoate murder also continued to escalate at a shocking rate
during the period under review. The crime of murder manifested itself in the following forms,
including:
1.1.2.1. Murder Per Se
Police statistics showed that stabbing was by far the most prevalent type of killing in the
country, followed by shooting and other bizarre incidents of murder. NamPol records showed
129
“25 692 misdaadgevalle in 3 maande”, Republikein online, April 8 2009
130
131
132
“Armed robbery order of the day”, The Namibian online, August 24 2009; “Armed robbery in Okahandja
Park”, The Namibian online, January 6 2009; “Armed robbery at desert lodge”, The Namibian online, January 9
2009 and “Armed robbery in Khomasdal”, The Namibian online, March 18 2009
41
that a total of 94 murder cases have occurred since the beginning of 2009 with two (2)
murder cases occurring almost every weekend.133
1.1.2.2. Abortion
Abortion is illegal in the country. However, during the period under review, hundreds of
women continued to abort their pregnancies both at the private clinics of certain physicians
and in the dark corners of the streets in the urban areas of the country. Abortion
manifestations included mothers dumping their offspring in bushes, toilets, dustbins and plastic
bags as well as at other people’s doors. Statistics also show that most of the reported cases of
abortion occur in urban centers.134
During the period under reporting, certain physicians reportedly induced abortions without
batting eye lids, while pharmacists and drug kingpins illicitly sold abortion drugs over the
counter “like airtime”. A two-week investigation by Informanté into the abortion had
unearthed a world of errant doctors and pharmacists as well as kingpins making a killing.135
Most women who carry out abortion were said to be teenagers and or students from the
country’s colleges and universities who had been impregnated either by sugar daddies or
those whose boyfriends would have denied paternity and who are afraid of being
stigmatized for falling pregnant outside wedlock.136
The root causes and exacerbating factors--such as the absence of safe sex and or lack of use
of condoms as contraceptives to avoid unwanted pregnancies, stigma and or the fear of peers
or parents on the part of child-mothers, early pregnancies, rejection by male partners claimed
to have fathered the children and or broken marriages, irresponsible behavior by teenagers,
the illegality of abortion, women abandonment by boyfriends or by relatives, babies born
with deformities, physical or psychological instability or depression on the part of mothers,
133
“High murder rate worrying”, Namibian Sun, Thursday, September 3 2009, p.3
134
“‘I Thought of Nothing But to Dump the Baby’”, New Era online, May 27 2008
135
“My encounter with the abortionists”, Informante online, August 27 2009 and “Abortion network unearthed”,
Informante online, August 27 2009
136
“My encounter with the abortionists”, Informante online, August 27 2009 and “Abortion network unearthed”,
Informante online, August 27 2009
42
mothers having developed sickness such as mental confusion and or epilepsy acquired during
pregnancy, poverty and or unemployment and urbanization---have all enormously contributed
to the abortion scourge in the country.137
1.1.2.3. Baby Dumping
Baby dumping has also remained on the increase in the country during the period under
reporting. Baby dumping is closely linked to teenage pregnancy. Estimates showed that about
20 babies were being deserted every year due to various reasons, including material poverty
and or pregnancy at a young age.138The latest WHO figures showed that 88 percent of
teenage girls become pregnant in the country. Some statistics suggested that high school girls
between the ages of 15 and 17 perpetrated most acts of baby dumping in the country.139
Statistics also continued to show that most baby dumping cases occur in urban centers. Like in
infanticide and abortion cases, baby dumping manifested itself through mothers dumping their
offspring in toilets, dustbins and plastic bags or dumping them at other people’s doors.
The root causes and factors exacerbating baby dumping are to those of abortion and include
social problems--such as absence of safe sex and or lack of use of condoms and or their
contraceptives to avoid unwanted pregnancies, stigma and or the fear of peers or parents on
the part of child-mothers, rejection by male partners claimed to have fathered the children
and or broken marriages, irresponsible behavior by teenagers, the illegality of abortion,
women abandonment by boyfriends or by relatives, poverty and or unemployment.140
The Namibian Women Leadership Centre (WLC) blames baby-dumping and illegal abortion
on GoN’s reluctance and or failure to adopt legislative, judicial, administrative and other
measures to give effect to safe—meaning to legalize—abortion in the country. Both WLC and
NSHR strongly support the institutionalized recognition of everyone’s right to sexual
137
“‘I Thought of Nothing But to Dump the Baby”’, New Era online, May 27 2008
138
“Baby Dumping Under Spotlight”, New Era online, May 12 2009
139
“Women Protest Baby Dumping Shame”, New Era online, April 22 2009
140
43
reproductive and health rights (SRHRs) as an integral part of the right to enjoy the highest
attainable standard of physical and mental in the country.
1.1.2.4. Infanticide
Like abortion, the scourge of infanticide also remained a matter of serious concern during the
period under reporting. Although official statistics were not available, infanticide remains a
grave and worrisome social phenomenon, drawing nationwide condemnation.141The
overwhelming majority of the babies being dumped are girls. The principal perpetrators of
baby dumping and infanticide are teenagers who are not prepared for motherhood. The root
causes and exacerbating factors for infanticide as the as in cases of abortion and baby
dumping.142
1.1.2.5. Suicide
The country’s suicide rate also remained a worrisome phenomenon in the country during the
period under review. Statistics show Namibia being among the world’s top 10 countries in
terms of suicide numbers. With 22 suicides per 100 000 people, Namibia has the 10th highest
suicide rate in the world. The global average suicide rate in 2007 was 16 deaths per
100 000 people. In 2004, the rate was 19.9 per 100 000, 23.8 per 100 000 in 2005, 23.2
per 100 000 in 2006 and 22.4 per 100 000 per 100 000 in 2007.143
Most of the suicide incidents occur in the northern parts of the country.144MoHSS Minister Dr.
Richard Kamwi said that, with 118 suicides and 84 inchoate suicides having been reported
between 2007 and 2009, the Ohangwena Region has the highest number of suicide incidents
in the country.145The suicide rate was also prevalent in the Kavango Region where 82 cases of
suicide and 131 cases of attempted suicide were recorded between 2004 and 2009. The
Omaheke Region had 46 attempted cases of suicide, while Okakarara district in the
141
“‘I Thought of Nothing But to Dump the Baby’”, New Era online, May 27 2008
142
143
“Suicide a Growing Phenomenon in Namibia”, New Era online, May 15 2009
144
“Suicide Rate Alarming”, New Era online, May 18 2009
145
“Suicide Rate Alarming”, New Era online, May 18 2009
44
Otjozondjupa Region had reported 77 attempted cases during 2007 to 2009 period.
Common methods of suicide in Namibia include taking poison and tablet overdose while the
majority commits suicide by hanging. Poverty, unemployment and break-up in relationships as
well as ADA remained among the major factors contributing to the country’s suicide rate.146
Some forms of violence appear to stem from the country’s violent pre-independence history.
According to Dr. Shaun Whittaker, 24 percent of those committing suicide were former
political detainees, while former soldiers accounted for 18 percent of all suicide incidents.
NSHR believes that certain socio-political factors relating to the right to political security have
greatly contributed to the prevalence of suicide in certain areas of the country than in others.
For example, the suicide rate is highest in the former Ovamboland where the right to political
security is also highly lacking. Suggestions that HIV-AIDS infection might be the largest
contributor to suicide are not supported by empirical facts, as the rate of suicide is lower in,
for example, the Caprivi Region, where the HIV-AIDS infection rate is said to be 43 percent,
which is higher than in the former Ovamboland.
Dr. Whittaker also noted that while HIV-AIDS-related suicide cases have decreased due to the
introduction of anti-retroviral drugs, suicide cases among soldiers and ex-detainees remained
constant. This is caused by the fact that not much attention was given to the psychological
healing or the reintegration of ex-fighters into society after the war of liberation.147Chronic
physical illness, such as cancer or HIV-AIDS has resulted in 27 percent of sufferers committing
suicide.
1.1.3. RAPE
International law holds States responsible for rape crimes when they fail to provide an
adequate remedy at the national level. Like torture, rape is used for such purposes as
intimidation, degradation, humiliation, discrimination, punishment, control, or destruction of a
person.
146
“Suicide statistics prompt action”, New Era online, Wednesday, September 9 2009
147
“Namibia Suicide Statistics Worrisome”, New Era online, Friday, May 16 2008
45
However, as during the current period under consideration as ell as during previous periods of
reporting, the crime of rape continued unabatedly to be committed on a large scale
countrywide with over 1 500 cases of rape or attempted rape being reported per
year.148Rape is by far the most reported crime against children reported to the police. Police
records showed that at least 66 children have been raped so far this year.149
Shocking rape statistics also demonstrated that at least 1 woman was raped everyday in the
north-central regions of Oshana, Omusati and Ohangwena during the month of October
alone. With 50 percent of the cases having been reported in that region alone, Omusati
Region topped the list. Most of the cases were reported at Outapi and Okahao constituencies,
respectively.150LAC Director Norman Tjombe expressed frustration that just after having
brought an urgent court application for the immediate release of a minor inmate who was
raped on several occasions in prison, LAC heard that yet another child has been gang-raped
while in Police custody on January 27 2009.151
1.1.4. GENDER-BASED VIOLENCE
Gender-based violence (GBV) encompasses a wide range of human rights violations, including
sexual abuse of children, rape, domestic violence, sexual assault and harassment, trafficking
of women and girls and other harmful traditional practices.
'Gender' refers to the socially determined differences between men and women. These
differences encompass roles, responsibilities, opportunities, privileges, expectations, and
limitations ascribed to males and to females in any culture: they are socially constructed,
context based, and learned through socialization, and they inform relationships between men
and women as well as among women and among men. These assumptions tend to reinforce
patriarchal norms and values, or systems by which men hold more power than women in both
private and public domains and, to differing degrees, exercise this greater power as a basic
148
“Why women withdraw rape cases”, New Era online, October 2 2009
149
“Namibian Children face murder, rape and abuse on a daily basis”, The Namibian online, October 2 2009
150
“Rape worse in north”, New Era online, November 12 2009
151
“Windhoek prison officers beat inmate unconsciousness”, Informante online, Wednesday, January 28 2009
and “Brutal prison guard charged”, Informante online, Wednesday, February 4 2009
46
entitlement or a basic right. In this way, gender roles are used to both preserve and maintain
women's subordinate status in relation to men and, for this reason, gender has been identified
as one the most important underlying factors promoting all forms of violence against women
and girls.
Hence, GBV refers to an umbrella term for any harmful act that is perpetrated against a
person's will, or without their informed consent, and that is based on socially ascribed (gender)
differences between males and females. GBV includes intimate partner violence, including
acts of physical aggression, sexual coercion, psychological abuse, and controlling behavior in
the context of marriage or other intimate relationships, rape and sexual assault.152The UN has
defined violence against women (VAW), as GBV is also known in the country, as “any act of
gender-based violence that results in, or is likely to result in, physical, sexual or psychological
harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of
liberty, whether occurring in public or in private life.”153
NC guarantees inter alia equality before the law and GoN has enacted several subordinate
laws combating rape and other forms of GBV. In addition, Namibia has ratified a number of
international and regional policies and agreements criminalizing GBV.
However, GBV remains a chronic and an ever-increasing problem in Namibia with

approximately 1 600 cases of rape and attempted rape reported in the country per
year.154Over 12 500 GBV cases have been reported during 2007 alone.155On September
21 2009, MGECW Minister Marlene Mungunda said that GBV remains a “painful story” to
tell in the country as there seems to be no end to the problem. Opening the workshop, Minister
Mungunda described GBV as “one of the most widespread violations of human rights and
developmental challenges [and this encompasses] sexual abuse, assault and harassment, rape,
domestic violence, trafficking of women and girls, and severe traditional practices”.
Mungunda also expressed concern that law reforms with regard to GBV and other domestic
152
http://www.thefreelibrary.com/Namibia's+first+national+conference+on+gender-based+violence.-
a0171660048
153
“Strategy to combat gender violence in works”, The Namibian online, September 22 2009
154
“GBV remains a major concern”, New Era online, September 23 2009
155
47
violence have not directly translated into attitude change.156It is estimated that only 1 in every
5 cases where rape is alleged does a case result in at least one person being convicted of
rape or attempted rape while an estimated one-third of all rape cases are withdrawn. Some
of the most common reasons cited for rape case withdrawals include family pressure, shame
and bribery.157
UN reports show that 36 percent of all Namibian women who have ever been in a
relationship report having experienced GBV at the hands of an intimate partner at some time,
with 31 percent reporting physical violence, and 17 percent sexual violence.158UNPFA
statistics show that 41 percent of Namibian men believe that it is OK for a man to beat his
spouse, while 32 percent of Namibian women think that there is no problem with men beating
their female partners.”159One of the underlying causes of GBV is power.
The 2006/7 National Demographic and Health Survey revealed that 41 percent of Namibian
men believe it is justifiable for a man to beat up a woman while 32 percent of women also
support the notion.160Issues such as poverty and ADA exaggerate the problem. In addition, a
lack of interpersonal communication skills and poor conflict resolution skills can lead to violence
between men, children and women. MGECW State Secretary Sirkka Ausiku had said that
Namibians “have to learn to agree to disagree, without turning to violence”.161Statistics also
indicate that there is a strong correlation between education and pregnancy and income and
pregnancy because more teenage pregnancies occur among women in the low income
bracket.162
1.1.5. SOCIETAL VIOLENCE
Like all any other forms of social evils referred to in the preceding sub-chapters, the incidence
of societal violence (SV), as social violence is also known, remained pervasive during the
156
157
158
159
160
161
http://www.namibian.com.na/news-articles/national/full-story/archive/2010/february/article/victims-of-
violence-central-focus-of-ministry/
162
48
period under consideration. As a matter of fact, the high crime rate and other threats to
personal security referred to in the preceding sub-chapters and or paragraphs are
manifestations of institutionalized violence plaguing the country.
Namibia’s endemic SV has cultural, economic and historical as well as political dimensions. A
multitude of socio-economic problems plaguing the society since the country’s independence,
such as poverty and unemployment as well as ADA exacerbated SV. These problems give rise
to frustration, stress and other emotional factors and these trigger SV.
The country has a long history of SV. Long before the arrival of European settlers, Namibia
had centuries of cattle raids and trade and cooperation have been mixed with warfare and
factionalism. This state of affairs continued with the arrival of European colonizers and
thereafter. The SA apartheid regime had used institutionalized violence to defend and
enforce its policies of racial separateness. The ensuing Swapo Party regime did nothing to
cultivate norms and values of social tolerance, despite the country’s democratic constitution. On
the contrary, Namibia’s political leaders continued to use hate speech and other exclusive
expressions towards critics. Glorification of persons who have achieved public prominence
through violent means at the expense of those who have advocated nonviolence is probably
one of the most root causes of institutionalized violence prevailing in the country 20 years
after the adoption of a democratic constitution.
1.1.6. HUMAN TRAFFICKING
"Trafficking in persons" or “human trafficking” (HT) refers to the recruitment, transportation,

transfer, harboring or receipt of persons, by means of the threat or use of force or other
forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position
of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of
a person having control over another person, for the purpose of exploitation. Exploitation
shall include, at a minimum, the exploitation of the prostitution of others or other forms of
49
sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude
or the removal of organs”.163
HT invariably involves forcible movement of a person from one place to another and forcible
utilization of their services with the intention of inducting them into trade for commercial gains.
The word 'forcible' signifies that the action is against the person's will or that consensus has
been obtained by making deceptive claims and false allurements. In some cases, consensus is
obtained because of the victim's social conditioning, where the victim is not even aware that he
or she is being exploited.164
NC and relevant principles of international customary, humanitarian and human rights outlaw
slavery and other slavery-like practices while the Prevention of Organized Crime Act 2004
(Act 29 of 2004), which was implemented only during the period under consideration
specifically criminalizes slavery and slavery-like practices such as HT servitude, forced labor,
including forced prostitution and child labor as well as other exploitative practices. GoN has
put in place certain administrative mechanisms such as NamPol’s Women and Child Protection
Unit (WCPU) and MGECW.
However, Namibia is among several SADC countries suspected of having a serious HT

problem. A small number of cases of HT, including instances of both labor exploitation and
sexual exploitation, have been reported.165The researchers have found several cases of
suspected trafficking.166For example, when trucks are stopped at border posts, individuals
are sometimes found hidden inside. It is also important to note that HT does not only refer to
cross-border movements, but it also includes all coercive intra-country movements. In one intra-
country case, a Walvis Bay mother reportedly “sold” her teenage daughter to work as a
prostitute against her will, while in one cross-border instance, a former Caprivi Chief Regional
163
Article 3 of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and
Children
164
http://www.ungift.org/ungift/en/humantrafficking/index.html
165
“Namibia: Country Acts on Gender Violence, Human Trafficking”, Namibia Economist online, August 7
2009
166
“Namibia: Country Acts on Gender Violence, Human Trafficking”, Namibia Economist online, August 7
2009
50
Officer is facing the wrath of the Zambian law after he was allegedly caught trafficking four
children from a remote village in Senanga in Zambia’s western province to Namibia.167
As the period under consideration ended, deep-rooted social problems, such as poverty,
unemployment and gender inequalities as well as discrimination and marginalization of
certain ethno-linguistic minorities have continued to cause and exacerbate the country’s HT
scourge.
2. RIGHT TO POLITICAL SECURITY
The right to political security refers to a situation whereby individual citizens and or their
organizations freely enjoy basic civil and political rights as guaranteed under both national
and international human rights instruments. In particular, the enjoyment of the right to political
security is dependent on the active exercise by the citizenry of a whole range of freedoms
including freedom of thought, conscience, belief, peaceful assembly and association as well as
freedom of expression and opinion. The right to political security is also pegged on the
existence of a free, independent and pluralistic media. Equally, the rights of persons
belonging to national, ethnic, religious or linguistic minorities must be guaranteed. This includes
the realization of the right of these groups to freely express, preserve and develops their
identity without any discrimination and in full equality before the law.
Competent public institutions, such as an independent judiciary, an effective and

representative legislature an accountable civil service as well as an independent, impartial
and equitable electoral system are also vital for the protection of the right to political
security. However, several serious threats to political and community security and other blatant
or inchoate grave human rights violations have been recorded during the period under
consideration, including:
167
“Ex-caprivi chief regional officer arrested for human trafficking”, informante, Thursday, 24 September 2009
51
2.1. SUMMARY EXECUTIONS
“Summary, arbitrary or extra-judicial executions” refers to actual or tentative politically

motivated deprivation of life directed against any individuals on political, racial, national,
ethnic, cultural, religious, gender or other grounds. The term also applies to incitement to
violence and other forms of hate expression including veiled or overt threats of killing as well
as all any other politically motivated endangerment of the right to life and security of person.
Furthermore, “summary, arbitrary or extrajudicial executions” applies to any and all
propaganda for war and any advocacy of national, racial or religious hatred that constitutes
incitement to hostility or violence.
Moreover, the prohibition referred to in ICCPR is directed against any propaganda or

advocacy of war or of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence, whether such propaganda or advocacy has aims which are
internal or external to the State concerned.168Several actual acts and or situations of summary
executions have been recorded, including:
2.1.1. Previous Summary Executions
The twelve (12) discrete incidents and or situations of summary executions committed prior to
October 31 2008 remained unresolved, as the period under consideration ended. In some
cases, there was no evidence that such incidents or situations have been investigated. In cases
where investigations have been conducted, perpetrators have simply not been prosecuted and
punished in accordance with the law.
For example, in January 2002, the Police said they were investigating an incident in which
unknown gunmen, believed to have been NCIS agents, shot dead Epumbu village businessman
Jafet Malenga Shalihu near Okahao on December 23 2001.169Hence, Shalihu’s assassins
remained at large, as the period under review ended. The killers of Kwanyama border
activist Bernard “Nakale” Shevanyenga on October 11 2003 have yet to be apprehended,
168
Article 20 (2) of ICCPR read with CCPR General Comment No.11
169
“Police probe mystery mafia-style shooting”, The Namibian online, Monday, January 7 2002
52
although an investigation has allegedly been conducted.170Shevanyenga’s killers are also
believed to have been NCIS agents.171
Similarly, NamPol has also failed to give an account on investigations, if any, relating to an
alleged plot to assassinate NSHR executive director Phil ya Nangoloh in 2002.172Nor has
there been any NamPol report on the whereabouts or fate of Kavango resident Peter
Mukonda Masuya. Mukonda disappeared without a trace on February 21 2001. On
February 1 2005, NSHR received fresh allegations that an NDF NCO had executed Masuya
for political reasons inside an NDF military base at a village east of Rundu in the Kavango
Region.173
Furthermore, there has been no news whatsoever about Police investigations, if any, were ever
conducted, into the hitherto assassination of DTA member Faustinus ‘Kachuula’ Dikuwa.
Unknown gunmen executed Dikuwa in the Mukwe Constituency on September 29 1994. In a
swift but rare reaction to such mysterious killing, then President Sam Nujoma expressed “shock
and dismay”. Describing this rather isolated incident as “a threat to the country’s stability and
security”,174Nujoma immediately issued Namibian security forces with a ‘shoot-on-sight’ order
against anyone found crossing Namibia’s northeastern border with Angola. Such order led to
the summary executions of at least 35 people in the Kavango Region.175
There have also not been investigations undertaken to account for inter alia incidents of extra-
judicial executions carried out in connection with the 1994 to 2003 armed conflicts in the
Ohangwena, Kavango and Caprivi Regions. On July 30 2004, HRC urged GoN to establish
an effective mechanism to investigate and punish such acts. This request has so far been
ignored. On March 18 2005, axed former MFA and MIB Minister Hidipo Hamutenya (HH)
170
“Border activist gunned down”, Namibia Human Rights Report 2004, NSHR, August 2004, p.24
171
“Border activist gunned down”, Namibia Human Rights Report 2004, August 2005, p.24
172
“Namibia: Report submitted by Ms. Hina Jilani, Special Representative of the Secretary-General on human
rights defenders, in accordance with Commission on Human Rights resolution 2000/61: Summary of cases
*
transmitted to Governments and replies received *”, Economic and Social Council, E/CN.4/2004/94/Add.3,
March 23 2004, paragraphs 350-351
173
“Disappearance of Peter Mukonda”, Namibia Human Rights Report 2005, August 2005, p.94
174
“Murderous ambush in Kavango on 28 September 1994”, Press Release by the President of the Republic of
Namibia, State House, Republic of Namibia, September 28 1994
175
“’Shoot Them’: The Practical Consequences of the De Facto State of Emergency in Kavango”, Press
Conference, NSHR, March 29 1995.p.2-3
53
revealed during an interview with The Namibian that he feared for his life.176Then President
Nujoma, on several occasions, labeled HH inter alia an agent of imperialism.177
In June 2004, a mysterious document accused HH of being the central figure behind an
alleged local and international conspiracy to inter alia “rid Namibia of Nujoma and his
support base”.178A civil society opinion survey which NSHR had conducted on October 19
2003, following the October 2003 assassination of TAGOMA leader and Kwanyama border
activist Bernard Nakale Shevanyenga (30), listed HH among several persons who might also
be targeted for assassination.179
On March 7 2005, both Republikein and The Namibian newspapers carried prominent
reports about an alleged plot to assassinate President Pohamba and other high-ranking
GoN officials. The Namibian referred to “this particularly dangerous rumor” that had been
making rounds in the country in the run-up to the transfer of power from Nujoma to
Pohamba. Then Defense Minister Erkki Nghimtina reportedly confirmed to The Namibian that
GoN security agencies were aware of the said rumor and have started investigations to
identify the source.180
Responding to a question on the alleged plot on May 12 2005, Prime Minister Nahas
Angula also revealed that “security components entrusted with the responsibility of ensuring
that all citizens and residents are protected and secured” was carrying out investigations
into the alleged threats against President Pohamba and other GoN ministers.181Like
Nghimtina, Angula also assured NA that the findings of such investigation “will be made
known after its completion”.182However, no such findings, if any, were made public, as the
176
“Concern for HH Life”, Namibia Human Rights Report 2005, August 10 2005, p.59 and “’Struggle for
justice and fair play is never done’”, The Namibian online, Friday, March 18 2005
177
“Mystery Document Targets HH” and “Nujoma Demonizes Ulenga, HH & TAGOMA”, Namibia Human
Rights Report 2004, August 3 2004, p.18-19
178
“Mystery document targets HH”, Namibia Human Rights Report 2004, NSHR, August 3 2004, p.18
179
“More Political Assassinations Feared”, Press Release, NSHR, October 19 2003
180
“This dangerous romour must laid to rest”, Editorial Comment, The Namibian online, Monday, March 7
2005
181
”Threats against president being probed”, New Era online, May 23 2005
182
”Threats against president being probed”, New Era online, May 23 2005
54
period under reporting ended. Hence, these assassination fears and reports came amidst
allegations about deep-rooted divisions and tensions within the ruling Swapo Party.183
On August 17 2006, UN Special Rapporteur on Extra judicial, summary or Arbitrary

Executions, Asma Jahanhir, expressed regrets that GoN had failed to cooperate with the
mandate given by the UN General Assembly and the UN Commission on Human Rights to
prevent summary executions around the world. In a letter addressed to GoN, Jahanhir, in
vain, requested clarification regarding the death on August 24 2005 in police custody of
AVID Chief Executive Officer Lazarus Kandara.184On March 1 2007 a controversial court
inquest had ruled that Kandara had “committed suicide”.185
2.1.2. New Instances of Summary Executions
During the period under consideration, eight (8) new situations of violence and or other forms
of hate expression threatening the right to political security were reported, including:
2.1.2.1. Hamata and ya Nangoloh Hit Listed
On December 10 2009, the weekly Informanté tabloid reported in a lead article that, among
others, its Editor-in-Chief, Max Hamata, and NSHR executive director Phil ya Nangoloh were
prime targets of elimination scheming by an NCIS clique. The allegations against Hamata
came high on the heels of a series of exposés by Informanté about inter alia Chinese
scholarships for the offspring of high-ranking GoN and Swapo Party officials and a multi-
million dollar cavalcade for Namibia’s President, as well as severe criticism of the Swapo
Party-controlled Electoral Commission of Namibia (ECN) vis-à-vis its role in the just-ended
controversial national elections held on November 27-28 2009.
183
“Swapo admits divisions, offers apology”, The Namibian online, Friday, March 11 2005, “Swapo leadership
challenged”, The Namibian online, Friday, march 11 2005 and “Dangerous rumor on Politburo agenda”, The
Namibian online, Wednesday, March 9 2005
184
“Namibia: Visits & Communications Observations of the Special Rapporteur: Letter of allegation sent on 17
August 2006”, Project on Extrajudicial Executions, Center for Human Rights and Global Justice
185
Internal monitoring reports, NSHR, Windhoek, March 1 2007; “Judgment day for Kandara inquest”, The
Namibian online, Thursday, March 1 2007 and 'Kandara shot himself'”, The Namibian online, Friday, March 2
2007
55
Ya Nangoloh was allegedly targeted anew for the previous exposure by NSHR of a number
of ECN irregularities as well as the discovery and exposure of additional mysterious mass
graves in the North of the country. NCIS Deputy Director Bishop Shilunga, who is said to head
the organization’s internal espionage operations, reportedly declined to confirm or deny the
elimination allegations.
Prior to the Informanté revelations, the names of, among others, Phil ya Nangoloh and Max
Hamata had systematically featured in the “news” and editorial pages of Namibia Today, the
official Swapo Party mouthpiece as well as on the ruling party’s website,
www.swapoparty.org. Ya Nangoloh and Hamata were branded inter alia as “enemies of the
Namibian people” and” agents of imperialism” and were dehumanized as worthless people
who belonged in the refuse bin. On December 11 2009, MSS Minister Dr. Nickey Iyambo said
in a Press Release that media reports on an assassination plot were of “a national security
concern”. Dr. Iyambo called upon “the concerned citizens to reveal the sources of their
information to enable the state to investigate these serious allegations”.186
2.1.2.2. NSHR Discovery of More Mass Graves
On November 10 2009, NSHR released a second dossier on more graves found in northern
Namibia and in southern Angola where Namibians who have disappeared might be buried.
The human rights organization said that it has reasonable suspicion that the latest mass graves
might contain the remains of more than 30 ethnic Kxoe San-speaking men who had
disappeared without a trace while in NDF custody in the Western Caprivi.
The ethnic Kxoe men had disappeared without a trace after they had been arrested between
August 12 2000 and August 16 2000 at Mutci’ku and other villages in Western Caprivi on
suspicion that they were ‘UNITA bandits’. Several eyewitnesses who pointed out the mass
graves to NSHR said inter alia that they saw how a private LDV presumably driven by NDF
186
“Alleged assassination plots: eho is folling who”, Press Release, NSHR, December 13 2009 and “‘I am not at
all surprised’”, Press Release, NSHR, December 10 2009
56
soldiers transported a pile of bodies and buried them at two separate sites in a thick bush just
north of Oshikome Cattle post, some 700 kilometers north of Windhoek.187
2.1.2.3. Swapo Party Man Knifes Girlfriend
On October 23 2009, a male Swapo party activist, a certain Shikulo ya Shikulo, resident of
the Mix Squatter Camp, 20 kilometers north of Windhoek, allegedly threatened to kill his
girlfriend, Pehehafo Moses (24), after she had joined RDP at the Camp. Ya Shikulo, who was
a street vendor at the Camp, also destroyed Moses’ RDP campaign materials. Moses had
threatened to lay a criminal charge of inchoate assault and malicious destruction of property
against ya Shikulo at the Wanaheda Police precinct. In a second incident of intimidation,
Erastus Sakeus (24) was evicted from his home by his uncle, a certain Iyambo ya Moses, after
the former formally joined RDP.188
2.1.2.4. Nujoma Incites Hate Crime
On September 19 2009, former Namibian President Dr. Sam Nujoma incited the public to kill
whites by clubbing them with hammers on their heads. Nujoma was addressing a Swapo Party
election rally at the town of Ongwediva when he made the deadly call. In a Breaking News
Press Release NSHR commented, on September 20 2009, that Dr. Nujoma had “once again
demonstrated his apparent hatred for the white race”.189In another Press Release issued on
September 23 2009, NSHR urged the Office of the Prosecutor General to indict Dr. Nujoma
for the genocidal crime of racial incitement and propaganda for war against members of the
white race in the country.190
2.1.2.5. Nujoma’s Death Wishes for “Enemies”
Addressing a Swapo Party election rally, on June 14 2009, at Onheleiwa village near
Ongwediva, Nujoma threatened Namibian evangelists of German extraction with violence
and warned that Europe-based Germans will be shot in their heads if they dare come to the
187
“More ‘mass graves’ found: NSHR”, The Namibian online, November 12 2009
188
“More Swapo Party violence and intimidation reported”, Press Release, NSHR, Octoiber 24 2009
189
“Father of Nation Makes Crimes against Humanity Harangue”, Press Release, NSHR, September 20 2009
190
“Nujoma must be charged with genocide”, Press Release, NSHR, September 23 2009
57
rescue of their fellow Germans in the country. Warning that his ruling Swapo Party was not “a
child’s play”, Nujoma also verbally attacked the Opposition to which he referred as “these
diminutive people and groups, which are on the verge of extinction”. Nujoma also blamed the
country’s economic woes on “imperialists”, arguing that peace and stability in the country was
possible only if “imperialists” were fiercely fought against.191
In a Press Release, NSHR said that Dr. Nujoma had “once again demonstrated his apparent
hatred for the white race”. NSHR warned that Article 20(2) of ICCPR, read in conjunction with
CCPR General Comment no. 11 of July 29 1983, as well as Article 4(a) of ICERD, read in
conjunction with CERD General Recommendation No. 15 of March 23 1993, specifically
criminalizes propaganda for war and any incitement of national, racial or religious hatred
against anyone.192
2.1.2.6. Nujoma Urges Execution of ‘Criminals’
On June 14 2009, Dr. Sam Nujoma furiously urged Namibians to use everything at their
disposal. Referring to the country’s burgeoning crime rate, Nujoma urged citizens “to fully
collaborate with the Police” by using anything at their disposal including bows and arrows,
machetes and knobkerries as well as axes to execute suspected criminals. Nujoma was
addressing an election rally of his ruling Swapo Party at Onheleiwa village in the Oshana
Region, when he made these murderous remarks.193
2.1.2.7. Nujoma Threatens To Shoot Germans
Addressing a Swapo Party election rally on June 14 2009, at Onheleiwa village near
Ongwediva, Nujoma threatened Namibian evangelists of German extraction with violence
and warned that Europe-based Germans will be shot in their heads if they dare come to the
rescue of their fellow Germans in the country. In a Breaking News Press Release entitled Father
of Nation Makes Crimes against Humanity Harangue NSHR had reported, on September 20
191
“Nujoma not making friends”, Republikein online, June 26 2009
192
“Father of Nation Makes Crimes against Humanity Harangue”, Breaking News, NSHR, September 20 2009
193
“Nujoma: Kerke loop weer deur”, Republikein online, June 17 2009
58
2009, that Dr. Nujoma had “once again demonstrated his apparent hatred for the white
race”.194
2.1.2.8. Nujoma Issues Death Threats
On or around May 23 2009, former Namibian President Sam Nujoma blamed the country’s
economic hardships on “foreigners” and “imperialists”. He called on the Namibian people to
tighten their belts and work even harder for the country’s development. Nujoma furiously then
threatened that “those foreigners who do not respect us can pack and go or they will face
bullets in their heads.” He was speaking at a Swapo Party elections rally held at Helao
Nafidi town in the Ohangwena Region when he made the deadly call.195
2.1.2.9. Swapo Party Supporters Attack RDP
On February 7 2009, a male Swapo Party supporter pointed a semi-automatic Pistolet

Makarova at an RDP youth leader at Onyaanya village in the Oshikoto Region. The incident
occurred after an RDP member made a sign of their party through the windows of their
vehicle after attending a political meeting at Nkumbula.arty supporters.
The Swapo Party supporters became incensed and after the ensuing car chase one of the
hunted down RDP supporters, Vilho ‘Kabila’ Hamunyela, had to fire several warning shots into
the air in order to fend off a group of 12 Swapo Party attackers. NSHR revealed in a
Breaking News Press Release that 12 Swapo Party supporters were “in hot pursuit of RDP
members in the Oshikoto Region”.196
2.1.2.10. Swapo Party Members Call for RDP Killings
On January 12 2009, NSHR received complaints from several RDP activists in the Omusati
Region that certain Swapo Party supporters in the said region had called for the “poisoning
194
“Nujoma: Kerke loop weer deur”, Republikein online, June 17 2009
195
Internal monitoring reports, NSHR, May 23 22009 and “Founding President Threatens ‘Foreigners’ – Except
Angolans”, The Namibian online, May 26 2009
196
“Another violent incident by Nujoma supporters”, Press Release, NSHR, February 9 2009
59
of all RDP dogs” in the Ruacana area. Human rights monitors in the Omusati Region also heard
reports that NCIS agents in the Omusati Region had threatened to assassinate RDP Regional
Secretary Hizipo Shikondombolo.
In a Press Release issued on January 13 2009, NSHR noted that President Pohamba’s New
Year Message appealing against politically-motivated provocative acts and violence in the
country during 2009 “appear to have fallen on deaf ear as supporters and members of Rally
for Democracy and Progress (RDP) in the Ruacana Constituency of the Omusati Region are on
the receiving end of Swapo Party provocations, harassment and intimidation as well as
physical assaults”. Alarmed by assassination allegations, NSHR executive director Phil ya
Nangoloh said the human rights organization was “naturally alarmed by all these very serious
allegations and we are calling upon a thorough investigation by both the Namibian Police
and NCIS into the allegations”.197
2.2. OFFICIAL KILLINGS
“Official killings” refers to actual or threatened non-politically motivated incidents or situations

of violence, resulting from the use of excessive force by law implementation officials or any
other persons acting in an official capacity.
2.2.1. Police Inaction Leads to Woman’s Murder
On September 20 2009, a murder suspect stabbed to death Monica Kakweno (50) following
Police inaction. A certain Tobias Namweya (38) brutally stabbed Kakweno seven times after
the Police had ignored prior requests from the residents of the Babylon Information Settlement
north of the City of Windhoek. The residents had claimed that the Police had failed to
respond to numerous prior complaints against the suspect. Prior to murdering Kakweno,
Namweya had allegedly also murdered two other people without any Police intervention.
NamPol spokesperson Col Hophni Hamufungu reportedly confirmed that several days prior to
197
“Anti-RDP provocation at Ruacana”, Press Release, NSHR, January 13 2009
60
the incident, the deceased and another woman had reported a case of domestic violence at a
nearby Police sub-precinct.198
2.2.2. CityPol Shoots Student
On September 10 2009, the weekly Informanté tabloid reported that CityPol officers had
accidentally shot and wounded UNAM student Murray Shikongo (auk). CityPol officers were
reportedly trying to stop a cab driver who was evading traffic fines without warning shots
fired five rounds at the cab in which Shikongo was a passenger. Shikongo suffered a
fractured a shin bone and was admitted for four days at the Windhoek Central Hospital. A
case of attempted murder (CR/1252/08/2009) has since been opened with NamPol against
the CityPol officers involved.199
2.2.3. CityPol Kills Armed Robbers
On April 2 2009, CityPol members shot dead two (2) suspected armed robbers in a fierce
gun battle between CityPol officers and an armed gang. The incident occurred in Windhoek’s
Ausspannplatz section of the City of Windhoek. Eyewitnesses told media and human rights
monitors that the shootout, which was reminiscent of a mini battlefield, raged for more than 15
minutes before the guns went silent and leading to two people being shot dead in pools of
blood. Two (2) other suspects were wounded and taken to hospital under strict guard. The
suspects faced charges of armed robbery and attempted murder and possibly illegal
possession of firearms.200
2.2.4. CityPol Members Kill Anton
On August 2 2009, CityPol members shot in the buttocks José Anton (34), an employee of Pool
Bar in the Ausspanplatz section of the City of Windhoek. Following a shootout between
198
“Fatal stabbing of woman blamed on Police inaction”, Namibian Sun, Thursday, September 24 2009, p.2
199
“City Police Shoot Unam Student”, Informante online, September 10 2009
200
Internal monitoring reports, NSHR, April 2 2009; “Bloody shootout”, The Namibian online, April 3 2009,
“Bloedbad in hoofstad”, Republikein online, April 3 2009 and” Bloodbath in City”, New Era online, April 3
2009
61
alleged robbers and CityPol officers, Anton locked himself up in a toilet. Several hours after
shooting two alleged armed robbers to death, CityPol members returned to Pool Bar where
they have been informed that one employee has locked himself up in the toilet. A CityPol
officer knocked at the door of the toilet and when Anton asked who was knocking a shot rang
out and he was hit in the buttocks. Anton was arrested and subsequently detained for
questioning after which he was taken to hospital. He was admitted at the Katutura State
Hospital where his condition further deteriorated. He subsequently died.
2.2.5. CityPol Officers Execute Suspect
On May 7 2009, Windhoek CityPol members reportedly shot in the back and killed an
alleged robbery suspect, following a robbery attempt. The unidentified deceased male
person was shot dead as the duo tried to flee in a getaway cab after having robbed a pair
of Canadian tourists in the Windhoek-West suburb of the City of Windhoek. CityPol claimed
that the deceased grabbed a handbag from one of the tourists before jumping into the
getaway cab. Eyewitnesses reported seeing one CityPol officer firing off about 10 bullets at
the getaway vehicle before it came to a halt on a pavement near the Louis Botha café.201
2.2.6. DWIA Officer Kills Pedestrians
On April 22 2009, an unidentified DWIA Police officer allegedly hit and instantly killed two
pedestrians along Windhoek’s Western Bypass. The two unidentified adult males were hit by
a white Isuzu LDV and died instantly. The Police officer was arrested on charges of DWIA and
culpable homicide.202
2.2.7. Officer Shoots Shebeen Owner
On February 4 2009, Informanté reported that an NDF officer shot and wounded Matheus
Shinana, owner of The New System Bar in Katutura’s Freedom Square suburb. Shinana
sustained wounds to the abdomen and upper right arm following a verbal altercation.
201
“Cops foil attempted robbery”, The Namibian online, May 8 2009
202
“Polisieman ry twee dood”, Republikein online, May 6 2009
62
Onlooker Japhet Nuunyango, a resident of Freedom Square, also sustained serious injuries
when a bullet struck his knee. Eyewitnesses recalled that NamPol Sergeant Kondjeni Heita
made numerous unbecoming remarks towards Shinana.
Following an exchange of harsh words, Heita allegedly drew his police firearm and pulled
the trigger. Two of the six bullets fired struck Shinana, one in the abdomen and the other in his
upper right arm. Both Shinana and Nuunyango were rushed to the hospital that evening where
Shinana underwent abdominal surgery to remove internal blood clots. Police later arrested
Heita and an unidentified man, believed to be the former’s housemate, in connection with the
incident.203
2.2.8. Officers Kill Torture Patient
On February 4 2009, Informanté reported that the bereaved mother and widow of a
mentally disturbed Silas Paulus who was shot dead by four NamPol officers during 2006 sued
MSS for N$6 million for the wrongful killing of Silas Paulus. In their particulars Plaintiffs cited
six defendants including MSS Minister Nickey Iyambo and NamPol Inspector-General Lt-
General Sebastian Ndeitunga. According to the affidavit submitted to the High Court by the
plaintiffs, the deceased, Silas Paulus, suffered a mental episode allegedly caused by colonial
South African Police electric shock torture.
Shortly prior to his death, Paulus allegedly refused to surrender a knife saying that there
were people who wanted to kill him. His son then went to the Wanaheda Police precinct to
request psychological help to convince his father to surrender the knife. He locked himself up
in his home and refused to open the doors behind him. However, Police officers broke one of
the doors and two Police officers entered the house. Several gunshots were heard shortly
afterwards. One of the officers then allegedly came out of the house dragging a fatally
wounded Paulus and saying, “the dog is already dead”. The plaintiffs stated that Silas had
six bullet holes from different weapon calibers in his body.204
203
“Colonels, sergeants in shebeen shooting”, Informanté online, Wednesday, February 4 2009
204
“Police officers accused of killing mental patient”, Informante online, Wednesday, February 4 2009
63
2.3. FREEDOM FROM TORTURE
“Torture or other cruel, inhuman or degrading treatment or punishment” (TCIDT) refers to any
act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a
person for such purposes as obtaining from him or her or a third person information or a
confession, punishing him or her for an act he or she or a third person has committed or is
suspected of having committed, or intimidating or coercing him or her or a third person, for
any reason based on discrimination of any kind, when such pain or suffering is inflicted by, or
at the instigation of, or with the consent or acquiescence of a public official or other person
acting in an official capacity. “Torture” does not include pain or suffering arising only from,
inherent in or incidental to, lawful sanctions.205
TCIDT includes any other prohibited active or passive methods of abuse or severe deprivation,
including inhuman, cruel, humiliating, and degrading treatment, outrages upon personal
dignity and physical or moral coercion.206
The law criminalizes TCIDT.207In addition, GoN is a State Party to the 1982 UN Convention
against Torture or Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). CAT
obliges GoN to adopt inter alia effective legislative, judicial and administrative as well as other
measures aimed at the prevention and investigation as well as punishment of acts of TCIDT.
However, during the period under review, administrative machinery to investigate, prosecute
and punish TCIDT claims against law enforcement officials continued to remain largely
inadequate if, at all they exist.
GoN has so far failed to incorporate CAT into national law and also to make the
declaration208that it recognizes the competence of the supervisory CAT Committee to receive
and consider petitions from or on behalf of citizens claiming to be victims of TCIDT. Also, there
205
Article 1 of CAT
206
“What is the definition of torture and ill treatment?”, International Committee of the Red Cross (ICRC),
http://www.icrc.org/Web/Eng/siteeng0.nsf/iwpList265/19F463DBD1D7639FC1256FA90050419C
207
Article 8(2) (b) of NC and Article 7(2) (e) of Rome Statute
208
As per Article 22 of CAT
64
continued to be no effective public facilities in the country to ensure physical and mental
rehabilitation of TCIDT victims and their families, as required under CAT.
Furthermore, the country has not yet become a State Party to the new Optional Protocol to the
Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment
(OPCAT), as the period under review ended. The objective of the present Protocol is to
establish a system of regular visits undertaken by independent international and national
bodies to places where people are deprived of their liberty, with the view to prevent TCIDT.
However, as the period under consideration ended, several incidents of TCIDT have been
monitored and recorded including:
2.3.1. Spartan Detention and Prison Conditions
As in the previous period under consideration, chronically overcrowded Police cells and prisons
continued unabatedly during the period under review, with most Police holding cells and
prisons poorly maintained, and lacking basic sanitation as well as adequate food and
contrary to both domestic and international law. During the period being reviewed there were
slightly more than 4 100 prison inmates, while statistics on the number of trial-awating
detainees was unavailable. However, much of the overcrowding in Police holding cells was
blamed on ‘lazy’ Police officers and prosecutors as well as magistrates.
Judge President Petrus Damaseb took issue with Police laziness and the endless number of
criminal cases that are postponed for “further investigation”. Damaseb said that people are
often forced to spend 8 to 12 months in Police holding cells for simple crime cases that could
have been settled in half the time. Damaseb also accused magistrates of allowing the Office
of the Prosecutor General “too much latitude” and added that there should be a greater
scrutiny of requests and reason given for postponements. “I make the case that the court must
put pressure on the State to be ready with the charge sheet and to make the accused plead
as soon as possible” Damaseb reportedly said.
65
MSS Minister Dr. Nickey Iyambo said that the overcrowding of Police holding cells were inter
alia caused by detainees being unable to pay bail, magistrates not being available and
vehicles transporting prisoners breaking down as well as habitual offenders being rejected by
their families who recommend they stay locked up rather than pay bail.
Damaseb further took issue with cases being postponed several times for “plea and trial”,
saying that hardly ever do the records reflect why the accused was unable to plead on a
particular day, or why the case had to be postponed for another number of months. “In some
cases, after many months where the accused has been in custody for eight to 12 months, and
the charge is put to the accused, he or she pleads guilty and the case is disposed of that very
same day,” he said. He said the prosecution is to blame in these cases, as it appears that
whenever they have not drawn up the charges, or when any “flimsy excuse” arises, this
becomes a basis for further postponement.
Police Inspector General Lt-General Sebastian Ndeitunga acknowledged that laziness could
be an issue that needs work in the force. However, Lt-General Ndeitunga added that
investigating officers are swamped with cases, as in many cases, many detectives are
investigating 300 dockets per officer. He also blamed the situation of the vehicles for Police
officers adding that some Police precincts still operated with 30 detectives sharing 3 cars
even after receiving new fleet cars. Commenting on the Police locking up suspects in trivial
matters, Ndeitunga said often the reality on the ground looks different than what the records
reflect as each case needs to be analyzed on its own merits. Lt-General Ndeitunga said:
“You mention that criminals are locked up for crimen injuria. But you get a call at two
(o’clock) in the morning and people are swearing at each other, running around looking for
weapons. If you don’t lock them up you might end up with someone getting killed by the
next morning. And then it is said the Police were there, but they did nothing.”
An extensive probe conducted by the Office of the Ombudsman into the conditions in
Namibia’s prisons established that overcrowding in some stations was worse than it was in
66
2006, and that most cases were not being processed in a timely manner because of “not
always good” relations between the Police and the magistrates and or prosecutors.209
2.3.2. Custodial TCIDT
During the period under review, NSHR’s Paralegal Division handled a total of 155 complaints
of TCIDT abuses allegedly meted out to persons deprived of personal liberty who are held in
both Police holdings and prisons countrywide. Of the total, in 77 incidents complainants have
in personam and viva voce accused NamPol members and Windhoek City Police offices as
well as Prison wardens of committing TCIDT against them. An additional 78 victims wrote
letters to NSHR in which they alleged that they have been subjected to TCIDT by members of
law enforcement agencies by being held under inter alia insanitary conditions.
Some of the inmates complained, among other things, that they were denied adequate food
or that food from family members was confiscated, while others said they were held
incommunicado as no visits or telephone calls were allowed from their relatives and or
beloved ones. Still others complained about suffering from various untreated injuries sustained
during arrests and other violent encounters with law enforcement agents. Many others
complained of being denied medical treatment despite sustaining various injuries or suffering
from various communicable and or incommunicable diseases such as TB, malaria and HIV-
AIDS.
2.3.3. NamPol Officers Face TCIDT Charges
On September 18 2009, prosecution witness and TCIDT, victim Benjamin Basson testified in the
High Court in Windhoek that Police officers from the Serious Crimes Unit at Keetmanshoop
Police precinct, had used the prodder to administer electric shocks to torture him and the late
Makarius Iikali between January 28 and 30 2006.210The Police officers on trial before Judge
Sylvester Mainga are Nicklaus Haoseb (33), Johannes Mushelenga (47), Hettie Wilhelmina
209
“Police in the Firing Line Over Cell Overcrowding”, The Namibian online, June 1 2009
210
“Torture claims in cop trial”, The Namibian online, June 19 2009
67
Dean (29), Martinus Nuyoma Pontu (31), Jacobus Otto (44), Cyril Ristin Serogwe (31), Daniel
Nicodemus (36), Lazarus Tutu Nowaseb (38) and Fabianus Antonius Rikambura (26). All of
them have pleaded not guilty to all the charges.
The interrogation only ended on the evening of January 30 2006 when Iikali (35) died and
Basson, claiming he feared a continuation of the treatment he had been receiving from the
Police officers, jumped from a first-floor open corridor of the Police Station building, breaking
a bone in his foot and fracturing his skull in the process. Basson is testifying in the trial of nine
Police officers who are facing a charge of murder, five counts of assault with intent to do
grievous bodily harm, and a count of defeating or obstructing the course of justice or
attempting to do so.
2.3.4. CityPol Accused of TCIDT
On September 3 2009, Informanté weekly tabloid accused CityPol officers of becoming a

law unto themselves and of running a secret TCIDT center where suspects were tortured and
subjected to “a reign of terror”. Both the Office of the Ombudsman and LAC also said that
they have received complaints that the CityPol officers holding suspects in illegal detention.
Ombudsman John Walters reportedly had confirmed to Informanté that his office was
investigating cases of illegal detentions by CityPol where suspects were held in conditions not
prescribed for human beings.
Some suspects have reportedly told the Office of the Ombudsman that CityPol officers held
them in a cell that does not even have a toilet.211On September 10 2009, Informanté also
carried another report wherein CityPol officers had been accused of locking city residents
Jonathan Kayofa and Paulus Yambinge up in the back of a LDV “the whole night”. Kayofa
and Yambinge were only handed over the NamPol at the Wanaheda Police precinct in the
following morning.212
211
“Secret City police torture cells”, Informante, Thursday, September 3 2009
212
“City Police Shoot Unam Student”, Informante online, September 10 2009
68
2.3.5. NamPol Members Rape
On September 3 2009, the weekly tabloid, Informanté, accused NamPol members of having
unleashed a reign of terror on sex workers, ranging from rape to sexual, assault among other
sordid crimes. The allegations of these crimes were contained in a comprehensive human rights
violation report on the situation of sexual minorities in the country. According to the document
also compiled in Botswana and South Africa by Jayne Arnott and Anna-Louise Crago, many
sex workers claimed that they had been raped and sexually assaulted by NamPol members.
Transvestites (men who dress as women and women who dress as men) have reportedly also
been beaten up by NamPol members.213
2.3.6. Sex Workers Accuse NamPol
On September 3 2009, Informanté weekly tabloid reported that sex workers also accused
NamPol members of unlawful and arbitrary arrest and detention as well as robbery of their
hard earned money. NamPol members were also accused of unlawfully detaining sex workers
in order to perpetrate sexual violence. The report also notes that if detained, male trans-sex
workers were systematically submitted to violence by being locked up in jail with men and, as
a consequence, they were additionally subjected to rape and assaulted by other male
detainees.214 Several sexual minorities have also accused NamPol members of systematically
having subjected them to inter alia indecent exposure and other acts of terror by forcing
transvestites to strip naked in the public view. These accusations against NamPol members
were contained in a comprehensive report compiled on human rights violations directed
against sexual minorities and sex workers.215
2.3.7. Police Torture Kavango Cattle Herders
On July 7 2009, NamPol Task Force members assisted by regular NamPol members allegedly
arbitrarily arrested and subsequently detained cattle herders Berdhord Rumapa
Mushabe(35), Wilbard Ncaha Muyambango(30), Klothilde Kathongo Mushambe(30), Josef
213
“Nampol terrorise sex workers”, Informante, Thursday, September 3 2009
214
“Nampol terrorise sex workers”, Informanté, Thursday, September 3 2009
215
“Nampol terrorise sex workers”, Informanté, Thursday, September 3 2009
69
Mukusha Muhoka(19), Kanyeva Muhoka (23) and Augustinus Muhoko (age unknown). The
suspects were accused of being in unlawful possession of a firearm. The suspects told human
rights defenders that Police officers had assaulted them before they locked them up for
several hours at the Max Makushe Police precinct. They were released without a charge later
the same day.
2.4. FREEDOM FROM ARBITRARY DEPRIVATION OF LIBERTY
“Arbitrary deprivation of liberty” refers to short or prolonged deprivation of the freedom of

movement or ability to do something freely, when such deprivation, for one reason or another,
is contrary to the relevant provisions laid down in the law. Hence, “arbitrary deprivation of
liberty” includes any arrest, apprehension, detention, custody, incarceration and or
imprisonment of persons carried out by or on behalf of administrative GoN bodies or officials
or organized groups or private persons acting in the name of GoN or with the support,
directly or indirectly, or consent or acquiescence of GoN.
Freedom from arbitrary deprivation of personal liberty and security of person are applicable
to all deprivation of liberty, including deprivation of liberty in criminal cases or in other cases
such as mental illness, vagrancy, drug addiction, educational purposes and immigration
control.216 NC217or ICCPR218guarantee the freedom of everyone from arbitrary deprivation
of liberty through arrest or detention and requires a court of law to determine the legality of
the detention and this applies to all persons deprived of their liberty by arrest or
detention.219
Furthermore, the right to liberty and security of person for everyone are guaranteed in terms
of CCPR General Comment No 8 of June 30 1982.220HRC jurisprudence holds that lawful
216
Articles 9(2) and 9(3) of ICCPR
217
218
Article 9 (1) of ICCPR
219
CCPR General Comment No. 8 of June 30 1982 on Article 9 of ICCPR on the Right to liberty and security of
persons
220
Articles 9 of ICCPR
70
deprivation of liberty must not exceed a few days and that pre-trial detention--including so-
called preventive detention--should be an exception and as short as possible.221
Due process of the law also precludes arbitrary deprivation of liberty and holds that the
deprivation of liberty must only be based on grounds and procedures established by
law.222Due process of the law also precludes persons who are arrested to be held in custody
without being promptly given the reasons.223No persons must be held in custody in the
absence of judicial control224and further that, in the case of a breach, compensation should be
guaranteed.225Furthermore, due process of the law also requires that, in case criminal charges
are brought against anyone, the full protection of the law must be guaranteed.226
GoN has the obligation to ensure that persons, other than illegal immigrants, shall be brought
before the nearest Magistrate or any other judicial officer within a period of 48 hours of their
arrest.227A trial must take place within a reasonable time or persons detained must be
released.228No law authorizing preventive detention shall permit the detention of children
under the age of 16 years.229However, as the period under review ended several cases
amounting to unlawful deprivation of liberty and threatening the right to security of person,
have been recorded, including:
2.4.1. Omusati Police Holds RDP Activist
On December 10 2009, three (3) male NamPol members in the Omusati Region arrested Ms.
Getre Kalumbu Heita (47), following a politically motivated argument with another woman
near the Onesi Settlement. Human rights sources said that the incident occurred at
approximately 17h00 at Iishanaputa village, some 25 kilometers southwest of Outapi, capital
of the Region. A woman, identified only as Leticia, who was apparently a Swapo Party
221
CCPR General Comment No 8 of June 30 1982
222
Articles 7 of NC, Article 9 of UDHR and 9(1) of ICCPR
223
Articles 11(2) of NC and Article 9(2) of ICCPR
224
Article 9(4) of ICCPR
225
Articles 25(2) of NC as well as Articles 9(3) and 9(5) of ICCPR
226
Articles 9 (2), 9(3) and 14 of ICCPR
227
Articles 11(3) and 11(4) of NC
228
Articles 7, 11 and 12 of NC and Article 9 (3) of ICCPR
229
Article 15 (5) of NC
71
activist, shouted politically motivated epithets at Heita, branding the latter “epuli who is
frustrated because we have defeated you at the polls, shame on you”, as well as other vulgar
appellations at Heita. “Epuli” means in Oshiwambo vernacular what “traitor” means in English
language.
Hieta later told human rights defenders that one of the three Police officers vindictively
ordered her into a van saying, inter alia, “We have heard a lot about you before”. Heita is
an active member of the Central Committee of RDPWL.230
2.4.2. SFF Members Hold Activist over Nujoma
On November 30 2009, SFF members temporarily held NSHR spokesperson Steven Mvula
(39) for questioning. He was accused of “insulting” former Namibian President Sam Nujoma,
the accusation he vehemently denied. Mvula was held from 15h00 to 16h00 at Windhoek's
Wanaheda Police precinct before he was released. At the time of the incident, the SFF
members were in the company of a certain Ndapewelao Ndesheetelwa (a woman) and one
Lazarus Roberts (a male security guard). The duo was purported to be witnesses that Mvula
had "insulted" Nujoma.231
2.4.3. Police Detain SA Seal Photographer
On August 4 2009, NamPol members detained without a charge for several hours SA wildlife
photographer Neel Herman for taking pictures of a seal culling factory near Walvis Bay. He
was later released since no charges could be laid against him. Herman’s detention comes
about four weeks after another two foreign journalists were arrested and fined for entering a
“marine protected area” at Cape Cross without the permission of the Minister of Fisheries and
Marine Resources.232
230
“RDP activist Heita held by Omusati Police”, Press Release, NSHR, December 11 2009
231
“Key activist held for questioning about Nujoma”, Press Release, NSHR, November 30 2009
232
“Another SA photographer detained at Henties Bay”, The Namibian online, August 5 2009
72
2.4.4. Rundu Court Orders Man’s Release
On February 11 2009, the Rundu Magistrate’s Court ordered the immediate release of
Magnus Muteka (32) after no evidence was produced against him because neither the
complainant nor the Police investigating officer turned up in court. Muteka, who was arrested
during 2006, had spent over three years in Police custody.
2.4.5. CityPol Detains Quartet
On February 1 2009, CityPol members in the Wanaheda suburb of Katutura arrested and
detained Marioldon Matroos (23), Joel Mateus (19), Festus Paulus (27) and Joseph Henock
(47) after the quartet allegedly arrested an armed intruder who later turned out to be an
off-duty Police officer. The quartet was locked up at the Wanaheda Police precinct and was
allegedly denied bail. Then men were accused of preventing Police officers from carrying out
their duties, the charge they denied.
2.4.6. NamPoL Detains TUCNA Unionists
On or around January 7 2009, several NamPol members allegedly first harassed then
arbitrarily arrested at least seven (7) striking member of the Trade Union Congress of
Namibia (TUCNA) for no apparent valid reasons. Before they were harassed and arrested,
the TUCNA members, who went on strike to press for salary increase, assembled outside the
NovaNam Fishing Company at the coastal town of Luberitz Bay. Local TUCNA leader Peter
Shiyandja (39), Petrina Kandowa (40), Hosea Charles Amesho (36), Ndapona Philipus (28),
Jonas Johannes (28) and Sakaria Andreas (40) as well as Loide Andreas (34) have been
arrested by NamPol members at the coastal town and remained in custody for several days
for no apparent valid reasons and in blatant disregard of the constitutional 48-hour rule.
Both TUCNA and NSHR condemned the detention and called “for not only the immediate
release of all the detained workers from Police custody, but also for an end to the alleged
73
harassment and other discourteous or discriminatory treatments of the non-violent striking
TUCNA workers”.233
2.4.7. Ondangwa Police Detains Resident
On January 5 2009, NamPol members at Ondangwa allegedly arbitrarily arrested and

subsequently detained Simon Nandjebo (32). However, on March 18 2009, the Ondangwa
Magistrate’s Court withdrew the charges against Nandjebo as no evidence was produced
against him for the arrest and detention.
2.5. FREEDOM FROM ABUSE OF POWER AND EXILE
“Abuse of power” herein refers to active punitive acts or omissions to act by a person or a
group of persons in a position of power or trust, resulting in harm, including physical or mental
injury, economic loss or any other substantial impairment of basic human rights. “Abuse of
power” also includes police brutality and grabbing, beating, shoving, slapping, kicking,
pulling, shaking and threatening as well as denial or deprivation of medical treatment as a
form of punishment. The period under reporting also saw several allegations of abuse of
power being leveled against NamPol and or other law implementation agencies, including:
2.5.1. ‘Hitman’ Accused of Brutality
On September 21 2009, NamPol Inspector Paulus ‘The Hitman’ Moses allegedly severely
assaulted Windhoek resident Semy Mupupa with clenched fists and boots, causing damage to
the victim’s kidneys. A medical report from Katutura State Hospital showed that Mupupa’s
kidneys were damaged as a result of the kicks and his left side was numb.
Mupupa laid a criminal charge of Police brutality against Hitman, under case number
CR478/09/09 with Wanaheda Police precinct. Chief Inspector Andreas Nelumbu of the
Wanaheda Police precinct reportedly confirmed that a case of assault in order to inflict
233
74
grievous bodily harm (GBH) had been opened against ‘Hitman’ and several other unidentified
Police officers. The incident occurred in Eileen Street in the Goreangab suburb of Windhoek
after a soldier was stabbed on the shoulder during a scuffle.234
2.5.2. Kalkrand Police Brutality
On September 12 2009, at least four (4) NamPol members reportedly assaulted two (2)
Kalkrand residents, viz. Gerhard Lodewyk and Johannes “Dom Jan” Kooper, had sustained
extensive physical injuries to their heads and faces. Kooper had a swollen face and bruises
and Lodewyk was also bruised, but “nothing broken”. Photographic evidence in NSHR’s
possession appears to corroborate their Police brutality allegations. The duo had to be taken
by ambulance to the Mariental State Hospital for further medical examinations and treatment.
However, NamPol’s Hardap Regional Commander Kobus Meyer reportedly said their injuries
were not severe. Meyer reportedly also accused Kooper and Lodewyk of having been “too
drunk” to remember what had happened.235
2.5.3. NamPol Members Assault Nekongo
On September 14 2009, intoxicated NamPol officers in the Goreangab Dam suburb of

Katutura allegedly arbitrarily arrested Lukas Nekongo (20) and subsequently assaulted him.
Nekongo sustained eye injuries and subsequently laid a criminal charge against his assailants
(CR.417/09/2009). He was accused of obstructing NamPol officers from carrying out their
duties.
2.5.4. Police Assault Brothers
On September 6 2009, NamPol officers at Okahandja Park Informal Settlement allegedly

arbitrarily arrested Egidius Dinyando Moyo (26) and his brother Stefanus Kutenda (25). The
duo was subsequently assaulted by the Police and, as a result, they sustained serious injuries
234
Internal monitoring reports, NSHR, September 22 2009 and “The Hitman in Police brutality saga”,
Informanté, Thursday, September 24 2009
235
“Police brutality alleged”, Press Release, NSHR, September 12 2009 and “Kalkrand cops accused of
brutality”, New Era online, September 14 2009
75
on their hands and abdomen. The victims were released the same day without any charges
being brought against them. They were, however, not allowed by the Police to lay criminal
charges against their assailants.
2.5.5. CityPol Accused of Brutality
On September 3 2009, the weekly Informanté tabloid accused CityPol officers of becoming a
law unto themselves and engaging in “sordid” acts of brutality against suspects in the City.
Informanté said that, on September 1 2009, it had witnessed two (2) CityPol members taking
turns in assaulting “a defenceless drunken man” who was held in the custody in a makeshift
“holding cell” at the CityPol offices in town. CityPol Public Relations and Community Policing
spokesperson, Marx Hipandwa, reportedly argued that the suspected was beaten up because
he was “refusing to move from the road”.236LAC Director Norman Tjombe reportedly also said
that there has been a surge in cases of brutality committed on ordinary citizens by CityPol
members.237
2.5.6. NamPol Assaults British and SA Reporters
On July 16 2009, NamPol members reportedly arrested and subsequently assaulted British
investigative journalist Jim Wickens and South African filmmaker Bart Smithers for undercover
filming of the annual seal cull at Cape Cross. The two journalists were charged with
trespassing in a marine protected area, failure to apply for permission to film at the Namibia
Film Commission, and failure to apply for accreditation from MICT. Their filming equipment
was confiscated. Wickens and Smithers claimed the attack took place in front of an official of
the Ministry of Fisheries and Marine Resources. On July 17 2009 Bart Smithers and Jim
Wickens pleaded guilty and were fined N$5 000 each.238
236
237
238
“MISA Position and statement on the banning of media coverage of the seal culling exercise by the Namibia
government”, Press Release, August 3 2009
76
2.5.7. CityPol Members Assault Itembu
On March 14 2009, CityPol officers arrested and detained Mateus Itembu (38) after his sister
accused him of having stolen her cell phone. After they had assaulted Itembu, the CityPol
members handcuffed him and then took him to the Wanaheda Police precinct where he was
locked up and denied medical treatment. He sustained cuts on his hands as a result of the
assault. He was released without a charge the following day after his sister informed the
Police that she has found her cell phone.
2.5.8. CityPol Assault Windhoek Man
On February 4 2009, at around 10h00 CityPol, members arrested and subsequently

detained Windhoek resident Timoteus Amunyela (37) for no apparent reasons. Amunyela was
also subsequently assaulted and denied medical treatment for his injuries on top of his left
eye. Amunyela was released without a charge the following day.
2.5.9. WCP Officers Brutalize Inmate
On January 20 2009, a group of nine (9) Prison Officers at WCP allegedly assaulted Festus
Shaalukeni (27) “unconsciously” before putting him into solitary confinement. Shaalukeni (27),
who is serving 11 years for housebreaking, reportedly sustained a fractured arm in the
attack. One Prison officer reportedly first sprayed Shaalukeni with pepper for not wearing his
prisoner uniform before he called other officers who came and assaulted Shaalukeni. Prisoner
abuse is said to be regular occurrence in the country’s prisons. LAC Director Norman Tjombe
said his law firm has for a very long time received numerous reports of prisoner abuse by
Prison officers.239
239
“Windhoek prison officers beat inmate unconsciousness”, Informante online, Wednesday, January 28 2009
and “Brutal prison guard charged”, Informante online, Wednesday, February 4 2009
77
2.5.10. NamPol Forces Mother to Incriminate Son
On January 6 2009, NamPol members connected to the marathon Caprivi High Treason Trial
(CHTT) allegedly threatened relatives of a newly arrested CHTT suspect and forced his
illiterate mother to sign a document implicating her son in the alleged Caprivi secessionist plot.
In a Press Release on February 16 2009, NSHR revealed that NamPol members had “secretly”
arrested Albius Moto Liseli (51) on suspicion that he had taken part in the alleged Caprivi
secessionist plot. On February 18 2009, NamPol Officer Commanding the High Treason
Investigation Unit, Col Abraham Maasdorp, reportedly “denied in strongest terms” that
“anyone was threatened or harassed in any form”. However, Col. Maasdorp confirmed for
the first time that Liseli had, indeed, been arrested at Katima Mulilo on January 6 2009.240
2.5.11. Police Brutalize San Youth
On or around January 1 2009, two (2) unidentified NamPol officers at Tsumkwe reportedly
brutally assaulted and arrested Olavi Alfons (13) on suspicion that he had stolen meat. Alfons
was reportedly also charged with evading arrest and theft of livestock. In terms of the
Constitution, minor children should be released into the custody of their parents. However, the
Police did not do this and Alfons was held at a local Police precinct. Alfons intended to sue the
Police for unlawful arrested and or detention.241
2.5.12. NamPol Members Brutalize Man
On December 5 2008, at around 19h00, several NamPol members allegedly assaulted and
subsequently arrested Jeffrey F. Awoseb (24), a resident of Okuryangava neighborhood in
Windhoek, following a domestic quarrel between the victim and his mother. Awoseb told
NSHR that he was subsequently locked up for the whole night and, although he sustained
physical injuries, he was refused medical treatment until the time he was released the
following day without any charges being brought against him. He laid a criminal charge
240
“Police deny claim of threats after new high treason arrest”, The Namibian online, February 19 2009
241
“Police brutality: Officers assault 13-year-old San boy at Tsumkwe”, Namibian Sun, Thursday, January 29
2009, p.1-2
78
(CR.692/12/2008) against his assailants. Awoseb also laid a civil charge of arbitrary arrest
and detention against the Police.242
2.5.13. EXILE
“Exile” refers to the intended or actual act of expelling a person from his or her country of
nationality or habitual residence. An “exile” or “refugee” refers to any person outside his or
her country of nationality or habitual residence and is unable or unwilling to return to this
country or to avail himself or herself of the protection of that country because of a well-
founded fear of persecution on account of race, religion, nationality or membership in a
particular social group or because of his or her political opinion.
NC and the Namibia Refugees (Recognition and Control) Act 1999 (Act 2 of 1999) make
provision for the granting of sylum in respect of persons who reasonably fear persecution on
the ground of their political beliefs, race, religion or membership of a particular social
group.243GoN is a State Party to the 1951 Convention relating to the Status of Refugees and
the 1967 Protocol relating to the Status of Refugees as well as the 1969 AU Convention
Governing the Specific Aspects of the Refugee Problem in Africa. NC also bars the
deportation of any persons held in custody as illegal immigrants without the authorization of a
lawfully empowered immigration tribunal.244GoN generally respected the right of persons
who fear persecution on account of their race, religion, nationality, membership in a particular
social group, or political opinion, includes:
2.5.13.1. Refugee Situation 2009
On June 15 2009, UNHCR-Namibia said that there were about 8 000 refugees. Of these,
about 6 600 lived at the Osire Refugee Camp (ORC) while another 1 300 were spread
242
Internal moniroring reports, NSHR, December 9 2008
243
Article 97 of NC and Sections 3 and 13(4)(a)of Act 2 of 1999
244
Article 11(4) of NC
79
around the country.245The overwhelming majority of the refugees and asylum seekers were
Angolan nationals representing 75 percent of the country’s total refugee and asylum seeker
population, while another 20 percent hailed from the Burundi, Democratic Republic of Congo
and Rwanda in the Great Lakes of Africa. A large but unknown number of Zimbabwean
refugees were also present in the country during the period under consideration.
2.5.13.2. Exile and Other Violations of Refugee Rights
However, during the period under reporting there have been reports where genuine asylum
seekers have been ordered to leave the country as well as other attempts to induce Namibian
citizens and other lawful residents to flee the country, including:
2.5.13.2.1. Congolese Refugees Flee for Lives
On July 7 2009, a group of 41 Congolese refugees, who included 23 children, fled the
country and subsequently sought asylum in neighboring Botswana. The group accused MHAI
officials of issuing death threats against them after they had complained about living
conditions in the Osire Refugee Camp (ORC). The flee refugees are members of the
Association of the Voiceless (AV), a human rights organization formed to advocate for the
refugee rights at ORC.
In June 2009 and prior to fleeing the country, AV had sent a letter MHAI in which they had
described the troubling conditions at ORC. AV asked that ORC be shut down and its residents
to be integrated into Namibian society or resettled to third countries. In its reply to AV, MHAI
described AV’s letter as a “threat to peace and security in the settlement” and ordered AV
activists to “stop writing sensational articles […] anybody […] found continuing with that
adversary [sic] type of behavior shall be requested to leave the Republic of Namibia within a
specified period.”
245
“Namibia: Spotlight on Refugees This Week”, The Namibian online, June 16 2009, “Refugee status of
Angolans to change”, The Namibian online, March 2 2009 and
80
On May 23 2009, former Namibian President Sam Nujoma said that foreigners who did not
respect GoN should leave the country or “face bullets in their heads”. Through its refugee
publication, World Refugee Survey, the US Committee for Refugees and Immigrants (USCRI)
reported Namibia had a backlog of approximately 1 000 applications for refugee status
and that although GoN’s refugee law provides that all recognized refugees should receive
identification documents, GoN has issued very few IDs and makes travel documents extremely
difficult to obtain or renew.246
2.5.13.2.2. Nujoma Tells Foreigners to Leave or Else
On or around May 23 2009, former Namibian President Sam Nujoma blamed the country’s
economic hardships on “foreigners” and “imperialists”. As he called on the Namibian people
to tighten their belts and work even harder for the country’s development, Nujoma furiously
threatened that “those foreigners who do not respect us can pack and go or they will face
bullets in their heads.” He was speaking at a Swapo Party elections rally held at Helao
Nafidi town in the Ohangwena Region when he made the deadly call.247
2.6. FREEDOM FROM ENFORCED DISAPPEARANCE
“Enforced disappearance of persons" herein means the arrest, detention or abduction of

persons by, or with the authorization, support or acquiescence of, a State or a political
organization, followed by a refusal to acknowledge that deprivation of freedom or to give
information on the fate or whereabouts of those persons, with the intention of removing them
from the protection of the law for a prolonged period of time.
In terms of Rome of Statute, enforced disappearance is a “crime against humanity” as are

other acts, such as murder, forcible depopulation, severe deprivation of liberty and rape,
when committed as part of a widespread or systematic attack directed against any civilian
population and when the attack is perpetrated with the knowledge of the attack on the part
246
http://www.refugee-rights.org/Publications/RRN/2009/November/V5.I5.CongoleseInDanger.html
247
Angolans”, The Namibian online, May 26 2009
81
of the perpetrators.248Acts of enforced disappearance “shall be considered as continuing
offences as long as the perpetrators continue to conceal the fate and or the whereabouts of
persons who have disappeared and as long as these facts remain unclarified”.249
NC does not expressly make reference to involuntary or enforced disappearance. However,

in terms of subordinate national and international human rights law, kidnapping and
abduction constitute heinous crimes, such as human trafficking. Enforced disappearance is a
very complex and cumulative violation of human rights and humanitarian law involving
violations of the right to personal liberty and security, the right to recognition as a person
before the law and the right not to be subjected to TCIDT and other grave threat to the right
to life.
2.6.1. Previous Incidents and Situations
The ten (10) discrete incidents and or situations of enforced disappearances committed prior
to October 31 2008 remained unresolved as the period under consideration ended.250In some
cases, there was no evidence that such incidents or situations have been investigated. In cases
where investigations have been conducted perpetrators have simply not been prosecuted and
punished in accordance with the law.
2.6.2. New Incidents or Situations
Four (4) new blatant incidents and or situations of enforced disappearance have been
recorded during the period under consideration, including:
2.6.2.1. Discovery of Additional Mass Graves
On November 10 2009, NSHR released a second dossier on more graves found in northern
Namibia and in southern Angola where Namibians who have disappeared might be buried.
248
Article 7(2) (i) of the Rome Statute of the International Criminal Court of July 17 1998 and see “Rome
Statute of the International Criminal Court” U.N. Doc. No. A/CONF. 183/9 (July 17, 1998), 37 I.L.M. 999
249
Article 17(1) of the 1992 UN Declaration on the Protection of All Persons from Enforced Disappearances
250
“Freedom from Enforced Disappearance”, Namibia Human Rights Report 2007, p.91-101
82
The human rights organization said that it has reasonable suspicion that the latest mass graves
might contain the remains of more than 30 ethnic Kxoe San-speaking men who had
disappeared without a trace while in NDF custody in the Western Caprivi. The Kxoe men had
disappeared without a trace after they had been arrested between August 12 2000 and
August 16 2000 at Mutci’ku and other villages in Western Caprivi on suspicion that they were
‘UNITA bandits’. Following the discovery of six mass graves along the country's border with
Angola in August 2008, NSHR submitted a second dossier to WGEID alleging that the graves
could be linked to “enforced disappearances” in Caprivi and Kavango regions between 1994
and 2003.
Several eyewitnesses who pointed out the mass graves to NSHR said inter alia that they saw
how a private LDV presumably driven by NDF soldiers transported a pile of bodies and
buried them at two separate sites in a thick bush just north of Oshikome Cattle post, some 700
kilometers north of Windhoek.251
2.6.2.2. GoN Misses Second Graves’ Deadline
On September 21 2009, GoN, for the second time, missed the second deadline which the
WGEID gave to Namibia to shed more light on the alleged disappearance of people.252On
September 9 2008, the country’s human rights organization released a dossier containing
“circumstantial evidence” on several mysterious mass graves it had found just north of
Namibia-Angola borderline. NSHR suspects that those buried were alleged rebels and or
supporters of Angola’s UNITA movement who were hunted down by soldiers of the Namibian
and Angolan armies along Namibia’s northwestern, northern and northeastern border.
2.6.2.3. GoN Misses Mass Graves’ Deadline
On June 21 2009, GoN, for the first time, missed the deadline, which WGEID had set for
GoN to shed more light on the alleged disappearance of people following the 2008
discovery of mass graves by NSHR. WGEID approached GoN after NSHR submitted a
251
“More ‘mass graves’ found: NSHR”, The Namibian online, November 12 2009
252
“UN wants answers on mass graves”, The Namibian online, September 22 2009
83
dossier to WGEID to hold GoN answerable for the mass graves which the human rights
organization had discovered an in southern Angola just north of Namibia’s northern border. In
a General Information communication addressed to WGEID, NSHR informed WGEID that it
had reasonable grounds to believe that enforced disappearances have occurred and are still
occurring on a massive scale in Namibia.253
Hence, WGEID asked GoN to say whether or not the NSHR facts are accurate, whether
specific investigations have undertaken by GoN, whether steps have been taken to assist the
family members to ascertain the whereabouts of their loved ones and whether there were any
measures in place to bring to justice those responsible for enforced disappearances as well as
whether family members were protected from threats and harassment.254
2.7. RIGHT TO PRIVACY SECURITY
NC prohibits arbitrary interference with the privacy, family, home, or correspondence of

citizens “save as in accordance with law and as is necessary in a democratic society in the
interests of national security, public safety or economic well-being of the country, for the
protection of health, morals, for the prevention of disorder or crime or for the protection of
the rights and freedoms of others”.255
However, in November GoN enacted the Spy Bill as the Communications Act 2009 (Act 8 of
2009) is also notoriously known. The Spy Bill inter alia allows NCIS agents to monitor e-mails
and Internet usage with authorization from a magistrate as well as the interception of
telephone calls and cell phone text messages. The Spy Bill also makes provision for the
establishment of interception centers as well as cooperation between these centers and
telecommunication service providers.
NSHR and other civil society actors as well as media practitioners had strongly objected to
Spy Bill viewing it as an invasion of privacy and a violation of the right to freedom of
253
“Government misses UN deadline on mass graves”, The Namibian online, August 28 2009
254
255
Article 13 of NC
84
expression. The media and other civil society actors had expressed concern about a lack of
enough safeguards in the Spyll Bill saying that it concentrated too much power in the Director
General of the NCIS and further that the Spyl Bill makes no provision for parliamentary
oversight over the intelligence community.
Motivating the Spy Bill on June 10 2009, MICT Minister Joel Kaapanda accused the media of
“lack of objectivity, sensationalism and distortions” in reporting which he said was aimed at
aimed at frightening the general public into believing that GoN wanted to eavesdrop on their
communications. Minister Kaapnda also said the media’s emphasis has been on alleged
infringement of liberties by the Spy Bill and that GoN wanted to stifle freedoms by
intercepting private conversations. Kaapanda explained that Spyl Bill was merely aimed at
facilitating surveillance and monitoring criminal acts and that, before interception, NCIS
agents should have material evidence on suspects that intend to engage in criminal activities
and a warrant has to be sought from the Judge President or a judge so designated by him.256
2.8. RESPECT FOR RULE OF LAW
“Respect for the rule of law” herein refers to a situation when and or where GoN officials
upheld written laws or any other established rules. This is also the case where such laws and
rules were applied equally and consistently in respect of everyone and or where the courts
provide the reasons based upon the law for their decisions. In its most basic form, respect for
the rule of law refers to the doctrine that nemo est supra legis (i.e. no one is above the law)
and that governmental authority is legitimately exercised only in accordance with written,
publicly disclosed laws adopted and enforced in accordance with established procedural
steps that are often referred to as the due process.
Hence, “respect for the rule of law” also refers to a situation that excludes all undue,
improper interference or influences, corrupt acts or abuse of position as well as any other
impairment of virtue, moral principles or rectitude in the course of the administration of justice.
NC strictly prohibits undue, improper interference or influences, corrupt acts or abuse of
256
“Face to Face with the Media”, New Era online, June 11 2009
85
position as well as any other impairment of virtue, moral principles or rectitude in the course
of the administration of justice.257
Respect for the rule of law is strengthened by inter alia ensuring (1) equality of everyone
before the law; (2) the right of all arrested and detained persons charged with any offense
to be brought promptly before a judge or other officer authorized by law; (3) the right of
everyone to be presumed innocent until proven guilty in a court of law; and (4) continuously
promoting the independence, impartiality, competence, integrity, lawfulness and effectiveness
of the judiciary by strengthening its capacity to render justice with fairness and efficiency,
free from improper or corrupt outside influence.
NC is the supreme258law of Namibia and all and any other laws are subject thereto.259This
means that the country must be governed in accordance with the doctrine of nemo est supra
legis. GoN is bound by and subject to the general principles, norms and standards of
international law, which are part of Namibia’s domestic law, unless otherwise provided by
NC.260Moreover, NC defines the country as a State founded upon the principles of the rule of
inter alia law.261
NC also guarantees judicial independence262and recognizes the doctrine that the inherent
dignity and equal and inalienable rights of everyone are most effectively maintained and
protected in a democratic society, where the government operates under a free and
independent judiciary.263Furthermore, GoN subscribes to the 1985 UN Basic Principles on the
Independence of the Judiciary, which envisage judges with full authority to act freely from any
pressures and or threats and adequately paid as well as equipped to carry out their
257
Article 78(3) of NC
258
Preambular paragraph 5(5) and Articles 1(6), 30, 32(1), 38, 55, 71 and 82(1) of NC
259
Articles 25(1) and 66 of NC
260
Article 144, read in conjunction with Article 95(d), 96 (d), 143 and 145 (1)(a), of NC
261
Article 1 (1) of NC
262
Articles 12(1)(a), 78(2) and 78(3) of NC
263
paragraphs 1 to 3 of Preamble to NC
86
duties.264However, during the period under review, several factors grossly undermining the
rule of law continued unabatedly, including:
2.8.1. DISREGARD OF SEPARATION OF POWERS DOCTRINE
NC makes provision for three main State organs. These are Judicial, Legislative and Executive
Branches of Government.265The Legislative power of State vests in NA, subject to review by
NaCo.266The Judicial power is vested in the Courts, consisting of Lower Courts, the High Court
and Supreme Court.267The Executive power vests in the President268and his or her
Cabinet.269The President can ‘hire and fire’ or reshuffle his or her Cabinet Ministers as he or
she pleases.270Hence, the aim of the doctrine of separation of powers is to preclude abuse of
power and dictatorship so as to ensure effective respect, protection and realization of all
basic human rights and fundamental freedoms.271Moreover, NC subordinates the Executive to
the Legislative272and Judicial Branches.273
Furthermore, in terms of the separation of powers doctrine, each of the three organs of the
State has its powers, functions and duties, subject, however, to the overriding terms of NC.
According the powers, functions and duties of NA is to pass laws and in so doing NA members
are guided by the objectives of NC, by the bono publico and their conscience.274The Judicial
Branch on the other hand has the power, subject to the overriding terms of NC, to interpret
and enforce the laws which NA has passed.275Subject to the overriding terms of NC, the
264
According to Principle 2: “The judiciary shall decide matters before them impartially, on the basis of facts
and in accordance with the law, without any restrictions, improper influences, inducements, pressures, threats or
interferences, direct or indirect, from any quarter or for any reason”
265
Article 1(3) of NC
266
Article 44 of NC
267
Article 78 of NC
268
Article 27(2) of NC
269
Article 35 of NC
270
Article 32(6) of NC
271
Article 5 of NC
272
Preambular paragraph 3 and Article 32(2) of NC
273
Preambular paragraph 3 and Articles 18, 25(3) and 81
274
275
Articles 78 of NC
87
Executive Branch is empowered to run the day to day functions and duties of the State and to
inter alia initiate bills for submission to NA.276
However, contrary to the Constitutional doctrine of separation of powers and checks and
balances, the Legislative Branch has hitherto been dominated and controlled by the Executive
Branch, which currently (2009) makes up close to 60 percent of all NA members.This literally
means that members of the Executive initiate bills in Cabinet chambers and bring them to NA
where they pass them into laws! Hence, the doctrine of separation of powers becomes purely
acamedic. Moreover, according to Article 32(2)--read in conjunction with Preambular
Paragraph 3 of NC--the Executive Branch is responsible and answerable to the Legislative
Branch.277
Therefore, on October 26 2009, NSHR executive director Phil ya Nangoloh pointed out that,
in order to comply with the Constitutional doctrine of separation of powers and checks and
balances, a member of NA ipso facto ceases to remain an MP after he or she had been
appointed to the Cabinet.278
2.8.2. VIOLATION OF HUMAN RIGHTS DOCTRINE
NC contains a Bill of Fundamental Human Rights and Freedoms279that is wholly consistent with
the principles enunciated in UDHR. However, UDHR does not distinguish the rights codified
therein on the basis of their importance and does not provide for a hierarchical classification
of rights. With the exception of the rights guaranteed under Articles 19 and 20 of NC, any
and all other rights human rights enuncicated in ICESCR are not permanently entrenched in NC
and their enjoyment is not legally enforceable by any court or tribunal in the
country.280Nonetheless, in its Preamble281and some of its Articles282, NC recognizes the fact
that the inherent dignity and the equal and inalienable rights of all members of the human
276
Articles 32(1) and 40 of NC
277
“President Pohamba is corrupt”, Press Release, NSHR, October 26 2009
278
279
Chapter 3 of NC
280
Article 101 of NC
281
Preamblar paragraphs 1 and 5(3) of NC
282
Articles 8 and 98(1) of NC
88
family as sine qua non requirements for freedom, justice and peace. Presumably, this includes
the recognition of the right to dignity and to dignified and adequate standard of living.
Moreover, customary international law, which is part of Namibian law, recognizes the doctrine
that all human rights are universal, indivisible, interdependent and interrelated.283Pursuant to
this principle, all human rights are interconnected and equally important for the full
development of the human personality and for a person’s well-being. Thus, there can be no
genuine and effective implementation of civil and political rights in the absence of respect for
economic, environmental, social and cultural rights anywhere.
2.8.3. CORRUPTION AND CORRUPT PRACTICES
NC precludes the President and his or her Cabinet Minister as well as Members of Parliament
and Judicial officers from engaging in gross misconduct and or activities incompatible with
their status. This includes exposing themselves to any situation which carries with it the risk of a
conflict of interest.284NC furthermore empowers the Office of the Ombudsman to investigate
vigorously all instances of alleged or suspected corruption in the country.285In 2003 GoN
enacted anti-corruption legislation making provision for the establishment of an anti-corruption
agency. However, the legislation, the Anticorruption Act 2003 (Act 8 of 2003) on became
fully operational during 2006.
However, notwithstanding the aforementioned constitutional and legislative instruments, the

scourge of corruption continued to increase on fast pace also during the period under
consideration. For example, on November 17 2009, Transparency International (TI) released
its annual report on corruption in which Namibia continued to be regarded as “a highly
corrupt” country worldwide. Namibia scored 4.5 points on TI’s Corruption Perception Index
(CPI) and the country was ranked 56th out of 180 countries perceived as “highly corrupt”
because they failed to reach the global watchdog’s benchmark of five points.286In motivating
its anti-corruption march in March 2009, ACC also noted that corruption was “proliferating
283
Paragraph 5 of the 1993 Vienna Declaration and Programme of Action
284
Article 29(2), 60(1) (b), 74(1) (4) (b) and 82(2) of NC
285
Article 91(a) and 91(f) of NC
286
“Namibia: ‘Highly corrupt’”, Press Release, NSHR, November 18 2009
89
overtly and covertly, on a scale which will certainly compromise the gains of independence if
allowed to become endemic”.287
Hundreds of millions of dollars continued to disappear into the pockets of individual MoF
officials, while other hundreds of millions of dollars went unaccounted for as public funds
continued unabatedly to be siphoned off by individuals in the public sector. Chronic
embezzlement of State funds for personal gain inter alia through affirmative action loan and
“black” empowerment schemes and through awarding of tenders as well as the allocation of
fish quotas and other lucrative concessions also continued. As the period being reviewed came
to an end, several discrete incidents and situations of corruption have been recorded,
including:
2.8.3.1. Pohamba Abuses Public Funds
On November 16 and 17 2009, both electronic and print media widely reported that
President Pohamba had accused NSHR of “selective morality” in favor of Opposition parties
at the expense of his ruling Swapo Party. In a swift reaction to Pohamba’s accusations, on
November 17 2009, NSHR pointed out that President Pohamba made the “selective morality”
accusations while he was on “a highly corrupt whirlwind electioneering campaign for his party
at the expense of the taxpayers”.
The human rights monitoring and advocacy watchdog also accused President Pohamba of
deliberately abusing “scarce State resources and diminished facilities (such as public funds,
vehicles and aircraft) in order to ensure that his party wins the election in this unfair manner”.
NSHR also noted that Pohamba had traveled “all over this country opening projects, such as
roads, schools, clinics and hospitals as the Namibian Head of State, while at the same time he
is dressed in the colors of his party for which he corruptly campaigns” and “claiming that the
monies used to build those schools and or clinics comes from the coffers of his ruling party”.288
287
“Getting Serious about Corruption”, Editorial, The Namibian online, May 15 2009
288
“Reply to Pohamba”, Press Release, NSHR, November 17 2009
90
Furthermore, NSHR advanced at least two basic reasons why it believed that President
Pohamba was corrupt: One such reason was previous media revelations—hitherto not denied
by Pohamba—that on January 20 2003 and in spite of him being Lands and Resettlement
Minister, President Pohamba signed his own waver (a grave conflict of interest) in order for
him to qualify under Section 46(1)(A) of the Agricultural Bank Act 1944 (Act 13 of 1944) to
acquire at least two (2) commercial farms, at the taxpayer’s expense. Even worse, the
President reportedly signed his own waver under a false pretext that he and his wife were “a
poor” couple from the Ohangwena Region.
The second reason was the fact that, according to the currently unraveling exposé in the
Informanté weekly tabloid, President Pohamba led a large pack of highly privileged top-
ranking GoN, including former President Nujoma, and other affluent individuals whose
children are beneficiaries of a furtive Chinese Government bursary scheme. NSHR also
pointed out that President Pohamba’s refusal or reluctance to release the reports of the
various presidential commissions of inquiry from the past 16 years was but one of the
“clearest indicia of his deliberate silence about and or leniency towards greed and corruption
in the country”.289
2.8.3.2. Election Related Gratification
During the period under reporting, as an apparent form of gratification-cum vote buying,
GoN extended money, material goods and other favors to, among others, traditional leaders
and Polytechnic and UNAM students in exchange for their votes for the ruling Swapo Party.
For example, shortly before the elections on November 27-28 2009, the “Swapo Party
Government” donated brand new 4 x 4 double-cab Toyota Hilux LDVs to close to 50
recognized traditional authorities throughout the country supposedly in order “to help them
carry out their traditional responsibilities in administering the affairs of their communities”.
Minister of Regional and Local Government, Housing and Rural Development Jerry Ekandjo,
who doubles as Swapo Party Secretary for Information and Mobilization, personally handed
289
91
over the luxurious motor vehicles.290GoN, all of a sudden, also increased student loans for all
qualifying UNAM and Polytechnic students.291
2.8.3.3. Electoral Irregularities and Fraud
On November 29 2009, four Opposition parties issued a joint statement by which they
complained of voting irregularities in the country's two-day Presidential and Parliamentary
elections. RDP, DTA, RP and SWANU said some ballot papers lacked an identification stamp,
thus making them invalid, and the indelible ink identifying voters was, in some cases,
removable and this allowed people to vote twice.292
On November 19 and 24 2009, NSHR produced documentary proof that, like its provisional
voters roll, ECN’s final voters’ register was “fraught with gross irregularities and other fatal
flaws as well as preposterous inclusions and or omissions”. To that effect, NSHR produced
evidence of 250 voters who have been registered twice and, in certain cases, thrice; voters
who have been registered unlawfully and or under false pretences and even after the cut-off
registration date of September 30 2009; underage voters have been registered; and
deceased persons, including the well known dignitaries, who have been registered as valid
voters.293
Furthermore, on December 2 2009, the Pan-African Parliament (PAP) Election Observer

Mission also criticized the electoral process saying that, while it felt that the country’s just
ended Presidential and National Assembly elections were conducted well, there was a number
of irregularities which required redress, such as the time lag in announcing the results, the
skewed pre-election coverage of political parties, and challenges with the tendered ballot
system.
290
http://www.swapoparty.org/cars_for_traditional_leaders.html
291
Internal monitoring reports based on personal information received from Ploytechnic students, NSHR,
November 24 2009
292
“Parties complain of irregularities in Namibia vote”, Reuters online, November 29 2009
293
“Discovery of irregularityies: rebuttal of ECN accusations”, Press Conference, NSHR, Liberty Center,
November 24 2009
92
PAP Elecion Observer Mission Leader and Ghanaian Ambrose Dery said that the tendered
votes compromised the confidentiality of the election process. Dery explained that given
concerns of victimization, this practice, together with the act of recording the voter registration
card number of voters on the ballot paper counterfoil, needed to be reviewed. Dery also
expressed concern with regard to the indelible ink applied to voters’ fingers to prevent
multiple voting. He also described as “honest and shocking” the admission by ECN DoE Moses
Ndjarakana who on November 23 2009 said that he could not vouch for the effectiveness of
the ink used on seafarers and voters abroad, who had cast their votes on November 13
2009.294
Dery therefore also recommended “that the quality of the indelible ink used in subsequent
elections be assessed and tested in mock trials in the country to ensure its durability and
effectiveness”. Looking at some of the pre-election trends, Dery also said his team had
observed that the coverage of the election campaign by local NBC TV and Radio “was
heavily skewed in favor of Swapo”. He recommended that “the State media in Namibia be
insulated from direct Government control by the establishment of an independent media
institution with the responsibility of appointment and dismissal of heads of State media”. The
Mission also took note of the alleged abuse of State resources by the ruling party; alleged
intimidation and victimization of Government officials who are perceived to be members of
opposition parties; alleged unfettered issuance of duplicate voter’s cards; and accounts of
intimidation and violence against supporters of opposition parties. The voters’ roll, with various
totals communicated by the ECN, also raised eyebrows amongst the observers.295
Activists and political analysts argue that the number of voters exceeded the number of those
who appear in the voters’ roll. It said some people were concerned that the printing of 1.6
million ballot papers – much more than any of the estimated totals – could be a recipe for
vote rigging.296 ECN initially announced that 1.3 million people were registered to vote. The
announcement soon became a laughing stock when ECN revised the number to 1.1 million and
294
http://www.pambazuka.org/en/category/features/61071
295
296
“Namibia could do better: PAP observers”, The Namibian online, December 3 2009 and Internal monitoring
reports, NSHR, December 2 2009
93
then to 900 000.297 ECN is largely viewed as GoN agency preventing change and by
definition an extension of the Swapo Party apparatus.
Further suspicion about political corruption and vote-rigging was fueled by the exceptionally
high number of votes cast in several districts (in contrast to markedly fewer votes than in prior
elections in other districts with less support for the governing party). According to Namibian
election laws, tendered votes can be cast in polling stations other than the one they are
registered with. As a result, three polling stations in the northern stronghold of Swapo
recorded 129 percent, 133 percent and 135 percent of registered votes, respectively. Since
these were located in rural districts with a low degree of mobility in the sense of influx from
other regions, this is more difficult to explain than the exceptionally high rate of votes in some
of the urban centers such as Swakopmund (112 percent), Walvis Bay (110 percent) and two
districts in Windhoek (104 percent and 101 percent). Some consider this as evidence of
ballot-stuffing. Such disturbing results give at least food-for-thought if the possibly over-eager
appeals of some leading Swapo politicians during the election campaign to secure 150
percent of the votes or at least all parliamentary seats were taken too seriously by some of
the loyal local activists.298
In spite of the above concerns, the 120-member SADC Electoral Observer Mission made a
complete and unreserved whitewash of the elections as 'transparent, credible, peaceful, free
and fair'.299Observer missions from the Parliamentary Forum of the Southern African
Development Community (SADC) and the African Union (AU) also declared the elections as
free and fair as early as December 1 2009.300
However, a spokesperson of the 40-member SADC Election Observer Mission team

recommended “a return to one polling day” in compliance with the other SADC countries and
that NBC TV and Radio allocate equal airtime to all parties during the election campaign. He
also criticized NBC TV and Radio for its bias in favor of the ruling Swapo Party.301Retired
297
298
299
300
301
94
Tanzanian Justice Lewis Makame, who headed the 24-member AU Election Observer Mission,
presented the Mission’s preliminary report by which the Mission not only conveyed its
approval of the elections but it also expressed concern about ‘minor problems', which included
a 'painstakingly slow' counting process. Although the AU Mission said that it has found no
evidence to support fears of vote-rigging expressed by some Opposition parties, it also felt
at the same time that it was ‘not in the position to say that there was no rigging'.302
2.8.3.4. Kleptocracy
In a Press Release issued on October 26 2009, NSHR expressed a strong opinion that during
the last 19 years, Namibia has increasingly qualified to be classified as a kleptocracy
because “many high-ranking Government officials, including President Lucas Pohamba and
former Namibian President Sam Nujoma, “are either viewed as being personally corrupt or
having been corrupted”. NSHR said that Namibia qualified as a kleptocracy on the account of
three interrelated truths: (1) the country is governed in accordance with conflict of interest laws
as not a single Member of Parliament has ever recused himself or herself or has abstained
from those legislative decisions in which he or she has a personal interest sufficient to appear
to influence the impartial exercise of his or her official duties as prescribed under Article 45
of NC; and (2) because most, if not all laws, are implemented by the same people who had
initiated them as Cabinet Ministers and who then passed them into Acts of Parliament as
Members of Parliament; as well as (3) because such laws are being enacted and implemented
by the very same people who systematically and publicly claim that they are entitled to rule
the country and to benefit from State resources because ‘we liberated this country’.303
2.8.3.5. Chinese Scholarship Scandal
On July 9 2009, the weekly Informanté tabloid revealed in a shocking exposé that the
Chinese government has secretly awarded scholarships to study in China to the daughter of
President Pohamba and to two young relatives of former Namibian President Sam Nujoma as
well as the offspring seven other high-ranking GoN officials. These include among others
302
303
95
offspring of NamPol Inspector General Lt. Gen Sebastian Ndeitunga as well as MoJ Minister
Pendukeni Iivula-Ithana, who was also the Secretary General of the ruling Swapo Party.
Other grand recipients were son of the Defense Minister Charles Namoloh as well as the son
of MHAI Minister Rosalia Nghidinwa whose department was responsible for approving
residence and work permits for Chinese workers whose companies have won GoN contracts
for business in the country.304The offspring of the Minister and Deputy Minister as well as one
high-ranking MME official have also received Chinese scholarships. In July 2009 MME
reportedly renewed an exclusive rights license for a state-owned Chinese company to search
for uranium and other minerals in a prime prospecting area.305
As expected, the scholarship scandal has unleashed a wave of fury from inter alia Civil
Society groups and youth organizations and rekindled the simmering debate about
replicating reports about corruption in the country. The scholarship scandal prompted some
international relations experts to note that the outrage illustrated “a blind spot in China’s
aggressive strategy to cement diplomatic alliances, lock in natural resources and solicit trade
and business on the African continent”. Bates Gill, director of the Stockholm-based Swedish
International Peace Institute, said China was accustomed to opaque, controlled, government-
to-government relations.306
2.8.3.6. Chinese X-ray Scanner Scam
On July 9 2009 Informante reported that Public Service Commissioner Tekla Lameck and her
Chinese business partner Yang Fan had become the first victims of the Prevention of Organized
Crime Act 2004 (Act 29 of 2004) after they were arrested for allegedly defrauding MoF of
more than N$120 million. Lameck (48) and her business partner Jerobeam “Kongo” Mokaxwa
(30) as well as Yang Fan (39) have been charged with counts of fraud, corruption and
304
“It’s scramble for Chinese scholarships among country’s top brass”, Informanté, October 15 2009 and
“Chinese bursary scramble widens”, Informanté, October 22 2009
305
“Chinese bursary scramble widens”, Informanté, October 22 2009 and “It’s scramble for Chinese
scholarships among country’s top brass”, Informanté, October 15 2009
306
“China helps the power in Namibia”, The New York Times Company online, November 20 2009
96
bribery in connection with a multi-million dollar deal for the provision of Chinese-made X-ray
scanning equipment to MoF.307
Mokaxwa reportedly siphoned off hundreds of thousands of Namibia dollars from MoF
coffers and transferred the money to proxy accounts. Some of the laundered money was
placed into the account of a special aide-de-camp of former Nambian President Sam Nujoma
presumably for “family related expenditure”. MoF State Secretary Calle Schlettwein
reportedly confirmed to Informanté that GoN had N$120 million to Chinese Nuctech
Company that supposedly won the tender to provide MoF with X-ray machinery.308
On July 6 2009, ACC investigators alleged that Nutech, a state-controlled Chinese contractor
company, had facilitated an USD55.3 million deal to sell GoN border security scanners with
millions of dollars in kickbacks. Hu Haifeng, the son of Chinese President Hu Jintao ran the
scanner contractor at the time of the incident.
On July 6 2009 a rule nisi High Court order froze the assets such as bank accounts, farms,
houses and cars, worth millions of Namibia dollars associated to Public Service Commissioner
Teckla Lameck and her business partner, Kongo Mokaxwa as well as Chinese national Yang
Fan. The corruption charge is rooted in a claim that Lameck, as a member of the Public Service
Commission, did not have the consent of the President to perform any paid work outside the
duties of her official position. While holding office as a Public Service Commissioner, Lameck
also received millions of dollars from a contract between the Ministry of Finance and a
Chinese manufacturer of X-ray scanning equipment, Nuctech Company. All the accused have
denied wrong doing.
2.8.3.7. Pohamba Suspends NDF Chief over Irregulariries
On July 22 2009, President Pohamba suspended NDF Commander Lt-General Martin Shalli,
following allegations that a Chinese weapons company funneled USD700 000 to the Officer
307
“Lameck and Chinese business partner arrested over N$120-million fraud”, Informanté, July 9 2009
308
“The grand scheme”, Informanté , July 9 2009 and “Uneasy Engagement: China Spreads Aid in Africa, With
a Catch”, The New York Times online, September 22 2009
97
Commanding NDF. Presidential Affairs Minister Albert Kawana said in a media statement that
Shalli’s suspension followed “serious allegations of irregularities which must be thoroughly
investigated”.He said Shalli’s suspension will facilitate an unhindered investigation.309Police
investigations against Shalli were ongoing as the period under consideration ended.310
2.8.3.8. Threats to Judicial Independence
NC makes provision for judicial independence.311Judicial independence refers to the doctrine

that the decisions of the judiciary should be impartial and not subject to any influence from the
other branches of government or from political or private interests. Hence, respect for the rule
of law is also inextricably linked to judicial independence. However, during the period under
reporting, like during all other previous periods of reporting, grave threats to judicial
independence remained solidly in place.312As the period under review ended, structural and
practical threats to judicial independence continued unabatedly in the country, including:
2.8.3.8.1. Lack of Financial Resources
Lack of financial resources to recruit more judges and judicial officers, as well as to enable the
Police to carry out their investigations expeditiously, also continued to plague respect for the
rule of law, during the period under review. Chronic gross inefficiency and or severe lack of
resources also continued to mar the controversial marathon CHTT. For example, about 115
CHTT political prisoners, most of them having been detained since 1999, remained in Police
custody at WCP as their trial, which started in earnest only in 2004, was ongoing, as the
period under period review ended.
309
“Shalli shafted”, The Namibian online, July 23 2009 and “Pohamba Suspends Lt General Martin Shalli”,
Namibia Economist online, July 24 2009
310
“China helps the power in Namibia”, The New York Times Company online, November 20 2009
311
Articles 12(1) (a), 78(2) and 78(3) of NC
312
“Concern over Judicial Independence & Integrity”, Press Release, NSHR, July 22 2004
98
2.8.3.8.2. Misconduct of Judicial Officers
One of the major criteria judicial integrity was the requirement that judges must be persons of
high moral character, impartiality and integrity. During 2007 period of reporting, HC Judge
Sylvester Mainga said several cases of misconduct by judicial officers ranging from
incompetence, theft, untruthfulness, and drunkenness on duty to absenteeism, arrogance,
impatience and insubordination were being investigated. Judge Mainga warned that GoN
would not be held responsible for damages claims filed for unnecessary delays in
trials.313However, during the period under review several cases of judicial misconduct have
been reported, including:
2.8.3.8.3. Oshakati Magistrate Told To Resign
On November 12 2009, the Magistrates’ Commission (MC) reportedly issued Oshakati

Magistrate Thomas Kanime 14 days to resign or face being fired on misconduct charges. MC
Chairperson HC Judge Sylvester Mainga reportedly informed Magistrate Kanime that he was
no longer fit to hold office after being found guilty of misconduct.314
2.8.3.8.4. CHTT Judge Guilty on DWIA Charge
However, on August 14 2009, the Windhoek Magistrate’s Court sentenced CHTT Judge Elton
Hoff (53) to a fine of N$2 000 after he pleaded guilty in a DWIA case. NamPol officers
charged Judge Hoff on November 28 2008, after his breath-alcohol level measured at 0.52
milligrams of alcohol per 1 000 milliliters of breath. The maximum legal limit is 0.37 mg of
alcohol per 1 000 ml of breath.
Magistrate Dinah Usiku sentenced Justice Hoff to pay a fine of N$4 000 or serve a 12-month
prison term and suspended half of Hoff’s fine and jail term for a period of five years on
condition that he is not convicted of DWIA or found with an excessive breath-alcohol level
313
“Magistrates taken to task”, The Namibian online, Wednesday, February 21 2007
314
“Magistrate Kanime asked to resign”, Informanté, November 12 2009
99
during the period of the suspension. Magistrate Usiku further suspended Judge Hoff's driving
license for three months effective from August 14 2009.315
2.8.3.8.5. MC Sues MoJ Minister over Magistrate
On August 13 2009, Informanté reported that the Magistrate’s Commission (MC) has filed a
High Court application seeking the nullification of Justice Minister Pendukeni Iivula-Ithana’s
refusal to dismiss Windhoek Magistrate Leah Shaanika for misconduct. Magistrate Shaanika
was reportedly found guilty on six charges of misconduct. Documents filed in High Court
sought a court order declaring Ithana’s refusal to endorse their decision as unlawful and a
breach of her constitutional duties. In terms of Section 21(3(a) of the Magistrate’s Court Act
2003 (Act 3 of 2003) the Minister of Justice is bound to dismiss a magistrate for misconduct if
MC so recommends. However, Mme Iivula-Ithana reportedly failed or deliberately refused
repeatedly to carry out the recommendations of MC. MC reportedly sent nine letters to Mme
Iivula-Ithana between January 24 2008 and 9 February 9 2009 in which it has recommended
that Mme Iivula-Ithana should dismiss Magistrate Shaanika, but to no avail.316
2.8.4. RIGHT TO FAIR PUBLIC TRIAL
“The right to a fair public trial” refers to a procedural judicial process, which includes: (1) the
right to a public hearing before an independent, impartial, competent and lawful court or
tribunal, a trial taking place within a reasonable time failing which the accused should be
release; and, the presumption of innocence until proved guilty, as well as any and all other
minimum rights (such as due process of law, adequate time and facilities to prepare a
defense, access to legal representation of one’s choice, the ability and opportunity to examine
witnesses, free assistance of an interpreter) and the absence or exclusion of TCIDT evidence.
The “right to a fair public trial” also includes freedom from hate expression and other verbal
attacks or veiled threats directed at judicial officers and calculated or likely to have the
potential to undermine the independence, impartiality, competence, authority and dignity as
315
“Namibia: Judge Sentenced over Drink and Drive”, The Namibian online, August 19 2009
316
“Ithana under fire over rogue magistrate”, Informanté online, Thursday, August 13 2009
100
well as effectiveness of the judiciary. NC guarantees the right to a fair and public trial.317The
right to a fair public trial is furthermore guaranteed under ICCPR318as well as the Rome
Statute of ICC.319
As during all other previous period of reporting, unremitting gross inefficiency and a lack of
resources also hampered the country’s system of administration of justice in the Lower Courts
Division during the period under review. The right to a fair trial also continued to be a
nightmare being limited by long delays in hearing cases and or frequent postponement of
crimical court cases. Numerous indigent trial-awaiting detainees remained in Police detention
due to never-ending lack of legal aid from the cash-stripped Directorate of Legal Aid. During
the period under reporting several factors threatened the right to a fair trial, including:
2.8.4.1. Chronic Postponements of Cases
Chronic postponements and or delays in handling High Court (HC) cases continued during the
period under review. During the previous period under reporting, High Court Judge President
Petrus Damaseb condemned as “unacceptable” the indefinite delays and postponements of
court cases and delivering of belated judgments. Congested court rolls and pervasive backlog
of cases continued to characterize the country’s chronic judicial crisis, often also referred to as
a “stumbling”, “crumbling” or “collapsing” system of the administration of justice.320
During the period under review, 5 000 HC cases were heard, while only a pittance of 341
cases have been finalized as the period under review ended. This state of affairs prompted
LSN to lodge a complaint of “gross misconduct” with JSC against HC judges. As a means to
address the chronic judicial crisis and to ensure a long-lasting judicial efficiency in the country,
both Judge President Damaseb and Prosecutor General Martha Imalwa recommended that
more judges and other judicial officers be recruited, more courts be built and Police
investigative capacities be strengthened.321
317
Article 12, read together with Articles 5, 18, 25(2) and 78 of NC
318
Articles 14(1) and 14(3) of ICCPR
319
Articles 64 and 67 of the ICC
320
“Disrespect for the rule of law”, Namibian Human Rights Reports 2006-2008
321
“Delayed justice threatens graft fight”, Corruption tracker online, February 2010
101
2.8.4.2. Procedural Problems Plague CHTT
Procedural problems also continued to delay other CHTT proceedings. For examples, on July
3 2009, the High Court granted leave to the ten men who received lengthy prison terms of
either 30 or 32 years each at the end of the second CHTT to appeal to the Supreme Court
against their sentences. However, no such appeals had occurred as the period under review
came to an end on December 10 2009. Over 125 civil claims, stemming from TCIDT meted
out against CHTT detainees, remained pending as on December 10 2009.
2.8.4.3. Slow Pace by Prosecutor General Office
The slow pace by which the Prosecutor General makes decisions to prosecute in criminal cases
was another grave contributor to delayed justice and denied justice during the period under
review.
2.8.4.4. Shoddy Police Investigations
The other problem contributing to the chronic delays and frequent postponements of cases
was the shoddy and plodding Police investigations of criminal cases. Sloppy and sluggish
police investigations of criminal cases contributed significantly to a substandard criminal justice
in the country. Lack of experienced Police officers to investigate criminal incidents also marred
the country’s criminal justice system. Speaking before a Parliamentary Standing Committee on
Constitutional and Legal Affairs on November 17 2005, NamPol Inspector General Sebastian
Ndeitunga lamented the fact that Police lacked the basic resources and appropriate training
to carry out effective criminal investigations.
Ndeitunga explained that white-collar crime has increased and that there was a great need
for “intellectual”, “clever” and professional Police officers to join the Police force.322In his
ruling in the State vs Teek on July 28 2006 SA Judge Ronnie Bosielo accused the Police of
having carried out ‘a tainted and flawed investigation’ in connection with the criminal charges
brought against former Supreme Court Judge Pio Teek.323Whereas on April 25 2006 defense
322
“Criminal justice system overstretched”, The Namibian online, Friday, November 18 2005
323
“Police probe in Judge case slammed”, The Namibian online, Monday, July 31 2006
102
counsel for Judge Teek also described Police investigations inter alia as “a comedy of tragedy
and errors”, simply “shocking” and “a grave injustice”.324In an editorial article on March 13
2006, State-owned New Era newspaper also seriously expressed concern at the prevalent
public complaints directed at the Police, ranging from ineptitude and lack of response and
timely reaction whenever the Police were called to attend to crime scenes to poor
investigations.325
As of June 30 2009, NamPol had a total back log of 192 172 criminal cases which need
investigations. Of these, 119 908 cases were under investigation, but haven’t reached the
courts, while the remainder, being 64 789 cases, were pending before the courts with no
finalization insight.326
2.8.4.5. Police Corruption
The other problem contributing to the chronic delays and frequent postponements of cases
was Police corruption. For example, on November 12 2009, Windhoek Regional Court
convicted suspended Commanding Officer of NamPol’s Special Branch Commissioner
Neromba Lotti Uusiku and NamPol Commissioner Joseph Kamati on theft charges. Regional
Magistrate Sarel Jacobs convicted the two officers almost six (6) years after they had been
charged with corruption between August 8 2005 and February 26 2006.327
Furthermore, on August 6 2009, the weekly Informanté tabloid reported that NamPol
commissioned officers were “helping themselves to exhibits and feeding on spoils of crime”.
Informanté said over N$10 million had been stolen from Police custody and several Nampol
officers have been accused of stealing money, drugs and other valuables confiscated from
suspects and kept in Police custody during investigations.
324
“Teek defense sets its sights on Police”, The Namibian online, Wednesday, April 26 2006 and “Teek case
delay riles Judge President”, The Namibian online, Friday, November 25 2005
325
”Here is the challenge for Chief of Police”, New Era online, March 13 2006
326
“Losing battle: NamPol in a crisis: Unresolved cases mount as detectives jump ship”, Namibian Sun,
Thursday, April 8 2010, p.3
327
“Two top cops guilty on theft charges”, The Namibian online, November 13 2009
103
The tabloid also said that the disappearance of N$3 million from the Katutura Magistrate’s
Court signified the climax of criminality in the police force, as it is clear that police officers
colluded with criminals to steal an exhibit, not only to derail the trial, but also for personal
gain. Informanté Editor-in-Chief Max Hamata commented that Police corruption was a sign of
moral decay in the society which “must be dealt with immediately and eradicated as the fight
against corruption will never be won if law enforcement authorities are themselves neck-deep
in crime”.328During the period under review, NSHR remained concerned about continued
numerous credible allegations of hundreds of Police case dossiers disappearing after criminals
pay bribe to Police investigators.329
2.9. REEDOM FROM DISCRIMINATION
“Discrimination” refers to any politically-motivated distinction, exclusion, restriction or

preference based on any ground such as race, color, sex, sexual orientation, age, language,
religion, political or other opinion, national or social origin, property, birth or other status
when such preference has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.330
Direct or active discrimination occurs when a person is treated less favorably than another in a
comparable situation because of his or her racial or ethnic origin, religion or belief, disability,
age or sexual orientation. Indirect or passive discrimination, on the other hand, occurs when an
apparently neutral provision, criterion or practice disadvantages people on the grounds of
their racial or ethnic origin, religion or belief, disability, age or sexual orientation. NC and
ICCPR expressly provide for the right of everyone to equality and to non-discrimination before
the law.331Moreover, the prohibition referred to in ICCPR is directed against any propaganda
or advocacy of war or of national, racial or religious hatred that constitutes incitement to
328
“Rogue Cops must be whipped into line”, Informante, Thursday, August 6 2009
329
Internal monitoring reports, NSHR, based on informantion from both Police officers and judicial officers
especially at the Katutura Magistrate’s Court 2009
330
Articles 2(1) and 26 of ICCPR
331
Article 10 of NC and Articles 2 and 26 of ICCPR
104
internal or external to the State concerned.332
Furthermore, the country’s administrative and legislative bodies are duty-bound to “remain
vigilant and vigorous for the purposes of ensuring that the scourges of apartheid, tribalism and
colonialism do not again manifest themselves in any form” in the country and, in so doing, to
“protect and assist disadvantaged citizens” who have historically been the victims” of the said
scourges.333During the period under reporting, these following types of discrimination have
been identified and monitored:
2.9.1. DISCRIMINATION PER SE
“Discrimination per se” refers to any politically-motivated distinction, exclusion, restriction or

preference based on any ground such as race, color, sex, sexual orientation, language,
religion, political or other opinion, national or social origin, property, birth or other status
when such preference has the purpose or effect of nullifying or impairing the recognition,
enjoyment or exercise by all persons, on an equal footing, of all rights and freedoms.334
During the period under review, various forms of discrimination per se--threatening the rights
to political and community security of certain vulnerable sectors of society groups, such as
women as well as certain tribal or racial groups and indigenous minorities-- continued
unabatedly in the country, including:
2.9.1.1. Women
NC guarantees inter alia the right to equality before the law for women and GoN has
adopted several laws seeking to promote respect, protection and realization of women’s
rights in the country.335NC also makes provision for equal treatment before the law.336NC also
332
333
Articles 40(l) and 63(2) (i) of NC
334
Articles 2(1) and 26 of ICCPR
335
Articles 10, 14, 23(3) and 95(a) of NC
336
paragraphs 1 and 5(5) of Preamble to NC and Articles 1(1) and 10 of NC
105
provides that because women have traditionally suffered special discrimination, they should
be enabled, through, inter alia, the enactment of legislation ensuring equality of opportunity
with the view to play a full, equal and effective role in the cultural, economic, political and
social affairs of the country.337
Furthermore, GoN has ratified CEDAW and subscribes to several other related international
human rights instruments, such as the SADC and AU Declarations on Gender and Development.
Both SADC and AU declarations commit Member States to achieving 50 percent women's
representation in political and decision-making structures. The country has also put in place its
own National Gender Policy through which GoN promises to increase female participation at
all levels of politics and decision-making. Moreover, GoN is also under the obligation to
increase the proportions of seats held by women in the national Parliament.338
However, NSHR remained deeply concerned by the fact that, although women make up more
than 50 percent of the country’s 2 million people, threats to the right of women to political
security and other forms of marginalization of women remained pervasive as women
continued unabatedly to be under-represented and un-represented in the decision-making
processes. As the period under review ended, women representation in decision-making
positions in both the public and private sectors stand at 33 percent, while in parastatals the
figures are at 21 percent. At parliamentary level, women are represented by 31 percent and
41 percent at local government. Even worse, during the next period under reporting, women’s
representation in NA is bound to decline by at least 7 percent from the current 31 percent to
close to 23 percent as only 16 Swapo Party and 1 RDP women are heading for NA. This state
of affairs is a far cry from the SADC requirement of 50-50 women representation in
Parliament by 2015.
2.9.1.2. Ethnic Kwanyamas
Several incidents of discrimination targeting ethnic Kwanyamas have been monitored during
the period under review, including:
337
Articles 23(3) and 95(a) of NC
338
Target 4, Indicator 12 of MDG 3
106
2.9.1.2.1. Tension Mounts over Tribal Border
On October 17 2009, a violent tribal conflict between Ndonga and Kwanyama tribesmen
was narrowly averted, following a timely intervention by both the Oukwanyama Traditional
Authority and NamPol members. The incident followed a radio announcement on the local
NBC Radio’s Oshiwambo Language Service that the Ondonga Traditional Authority was on
the brink of settling Ndonga tribesmen at Omana village. The village resorted under the
jurisdiction of the Oukwanyama Traditional Authority. But Ondonga tribesmen emphasized
that the village resorted under the jurisdiction of the Ondonga Traditional Authority, in
accordance with a border agreement in March 2004, which was reportedly signed under the
guidance of former Namibian President Sam Nujoma.339
2.9.1.2.2. Swapo Party Anti-Kwanyama Purge
On February 25 2009, several Swapo Party supporters, who spoke condition on anonymity,
accused the Swapo Party leadership of a continued campaign of witch-hunt and victimization
as well as Stalinist pogroms targeting “ethnic Kwanyamas as well as other persons perceived
as RDP moles or those either expressing or suspected of harboring viewpoints different from a
certain clique within the Swapo Party”. Reliable human rights sources said that the Swapo
Party had summarily dismissed Alderwomen Hileni Ilonga and Linea Shaetonhodi, both ethnic
Kwanyamas as well as long-serving Alderman Dr. Bjorn von Finkenstein on suspicion of RDP
connections. 340
2.9.1.2.3. Anti-Kwanyama Sentiments Plague Outapi
On November 9 2009, NSHR received a phone call from a disturbed female Swapo Party
member, who is also an ethnic Kwanyama, inter alia told NSHR HRDs that “we are now being
told even this morning that all Kwanyamas here are followers of Hidipo Hamutenya and,
hence, we must leave Outapi for the Ohangwena Region”. On November 8 2009 HRDs
embedded within a crowd of between 600 and 700 violent Swapo Party supporters at the
339
“Renewed tension over Ovambo tribal border”, Press Release, NSHR, October 18 2009
340
“More acts of political intolerance”, Press Release, NSHR, April 16 2009
107
town of Outapi in the Omusati Region also overheard how some Swapo Party protesters
claimed that “all ethnic Kwanyamas at the town were followers of Hidipo Hamutenya, hence,
they should leave Outapi”.341
2.9.1.3. Members of Ethnic, Religious or Linguistic Minorities
NC also guarantees the right of everyone to equality and non-discrimination and

discrimination based on any ground such as race, color, sex, sexual orientation, language,
religion, political or other opinion, national or social origin, property, birth or other status is
strictly prohibited. ICCPR also guarantees the right of all persons belonging to ethnic, religious
or linguistic minorities342, while international instruments reaffirm the fact that the promotion
and protection of the rights of persons belonging to national or ethnic, religious and linguistic
minorities contribute to the political and social stability of States in which such persons live.343
International instruments also emphasize that the constant promotion and realization of the
rights of persons belonging to national or ethnic, religious and linguistic minorities, as an
integral part of the development of society as a whole and within a democratic framework
based on the rule of law, would contribute to the strengthening of friendship and cooperation
among peoples and States.
Furthermore, CCPR General Comment No. 11 of July 29 1983 on the prohibition of

propaganda for war and inciting national, racial or religious hatred obligates UN States
Parties to adopt the necessary legislative measures prohibiting the actions referred to therein.
ICCPR outlaws any propaganda for war and any advocacy of national, racial or religious
hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by
law.344While HRC holds that the prohibitions of any propaganda for war and any advocacy
of national, racial or religious hatred that constitutes incitement to discrimination, hostility or
violence are fully compatible with the right of freedom of expression as enunciated in Article
19 of ICCPR. The prohibition is directed against any advocacy of national, racial or religious
341
“Swapo Party sows seeds of conflict and instability”, Press Release, NSHR, November 9 2009
342
Article 27 of ICCPR
343
Paragraph 5 of UN Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and
Linguistic Minorities
344
Article 20 of ICCPR
108
hatred that constitutes incitement to discrimination, hostility or violence, whether such
propaganda or advocacy has aims which are internal or external to the State concerned.
However, despite the aforementioned constitutional and legal prohibitions, societal, racial,
and ethnic discrimination persisted against persons belonging to ethnic, religious or linguistic
minorities, including:
2.9.1.3.1. Whites
Several high-ranking Swapo Party and GoN officials engaged in propaganda for war and
advocacy of national, racial or religious hatred as well as incitement to discrimination, hostility
or violence against members of the white race:
2.9.1.3.1.1. Swapo Party SG Warns Whites
On October 3 2009, Swapo Party Secretary General and Justice Minister Pendukeni Iivula-
Ithana launched a racist attack on whites in general and charged that The Namibian
newspaper was a ‘bad newspaper’. Mme Iivula-Ithana then ‘reminded’ The Namibian Editor
Gwen Lister "not to forget that she is white” and warned that Lister could be held responsible
for the "evil deeds" of her parents and grandparents. Said Iivula-Ithana:
“Gwen Lister must know she is a white person, and if she continues to write bad and negative
things about Swapo Party leaders and other Namibians, we will take her to task for the
wrongdoings committed by her fathers, mothers, grandfathers and her grandmothers. She
must not forget that she is a white person.” 345
2.9.1.3.1.2. ‘Ekanda’ Pans Whites
On or around August 10 2009, Labor and Social Welfare Deputy Minister Peter “Ekanda”
Iilonga branded whites as “enemy” and accused them of destroying the black youth with
345
Internal monitoring reports, NSHR, October 3 2009 and The Namibian is a bad newspaper”, The Namibian
online, Monday, October 5 2009 and “The MISA-Namibia condemns hate speech by Minister”, Press
Statement, October 6 2009
109
alcohol with the view “to gain political power of our beloved country Namibia”. Deputy
Minister Iilonga made the remarks while addressing a Swapo Party elections rally at
Keetmashoop in the Karas Region.346
2.9.1.3.1.3. Nujoma Threatens Germans
On June 14 2009, former Namibian President Sam Nujoma launched a vitriolic attack against
whites in general and threatened to shoot Europe-based Germans in the heads should they
come to the rescue of Namibian-based Germans. Speaking at Onheleiwa village, just
northeast of the town of Ongwediva in the north-central Oshana Region Dr. Nujoma angrily
singled out the country’s German-led Evangelical Lutheran Church (DELK) which he accused of
inter alia “having collaborated with the enemy prior to Namibian independence and possibly
still remained an enemy”.347
2.9.1.3.1.4. Nujoma Threatens Whites
On May 23 2009, a highly agitated former Namibian President Sam Nujoma branded
certain foreigners, Jewish and Afrikaner people “enemies” and warned that they would
receive bullets in their heads unless they leave the country. Dr. Nujoma was addressing his
ruling Swapo Party supporters at the town of Helao Nafidi, in the Ohangwena Region.348
2.9.1.4. Indigenous Peoples
NC and subordinate laws guarantee the right of indigenous groups to participate in decisions
affecting their lands, cultures as well as traditions and natural resources. However, societal
discrimination against San and other indigenous peoples also remained unabatedly
widespread, during the period under reporting. The San peoples and other indigenous citizens
have been unable to exercise these rights due to systematic discrimination and marginalization
in terms of the right to economic security as well as other forms of marginalization, and
346
“Iilonga is a racist”, The Namibian online, August 14 2009 and“Time for white Namibians to stand up for
their rights”, Informante online, August 19 2009
347
“Nujoma issues threats of violence”, Press Release, NSHR, June 16 2009
348
“Nujoma issues threats of violence”, Press Release, NSHR, June 16 2009
110
exclusion. GoN also continued to withhold recognition from certain traditional leaders,
including Kxoe and Zemba peoples, for obvious political reasons.
2.9.2. SOCIETAL DISCRIMINATION
“Societal discrimination” refers to non-politically motivated distinction, exclusionist, unfavorable

or unfair treatment of a person or a group of persons on such basis as sex or gender or
disability or economic status and thereby nullifying or impairing the recognition, enjoyment or
exercise by such persons, on an equal footing, of all of the rights and freedoms. Societal
discrimination also includes verbal attacks on women, PWDs, LGBTI people or any other
object of societal discrimination for criticizing or opposing certain unfair political and or other
practices of GoN, the ruling party and or any other entities exercising quasi-governmental
authority. As the period under review drew to the end, societal discrimination has been
monitored, including:
2.9.2.1. Women
NC guarantees inter alia the right to equality before the law for women and GoN has
adopted several laws seeking to promote respect, protection and realization of women’s
rights in the country.349However, GBV, including passion killing remained widespread and
reliable GoN statistics on the implementation of the law on the promotion of respect,
protection and fulfillment of equality for women were unavailable.
Help address the problem. Societal discrimination against women remained particularly
severe as demonstrated by high levels of female poverty and joblessness. Although it has
enacted a law promoting equality for women married under civil law, GoN has so far failed
to pass a law promoting respect, protection and realization of the right of women married
under customary law as the law on persons married under civil law does not apply to black
couples married north of the so-called veterinary cordon fence.
349
Articles 10, 14, 23(3) and 95(a) of NC
111
2.9.2.2. Children
NC reaffirms the rights of children to a name to acquire a nationality and, as far as possible
also the right of children to know and be cared for by their parents.350NC also protects
children under the age of 16 years from economic exploitation and from being employed in
or required to perform work that is likely to be hazardous or harmful to their health, or
physical, mental, spiritual, moral or social development.351Furthermore, NC guarantees the
right of all children to compulsory primary education which shall be provided for free of
charge352, while MGD 2 requires GoN to ensure that, by 2015, children everywhere without
regard to sex are able to complete a full course of primary education.353
NC also guarantees the inviolability of the dignity of persons and prohibits slavery and
servitude.354 NC also protects children under the age of 16 from “economic exploitation” and
the employment of children in a manner that is “likely to be hazardous or to interfere with
their education, or to be harmful to their health or physical, mental, spiritual, moral or social
development”.355Namibia’s Prevention of Organized Crime Act 2004 (Act 29 of 2004)
criminalizes trafficking and prescribes up to 50 years imprisonment for those convicted. NC
also requires GoN to adopt effective legislative, judicial, administrative and other measures
to give effect to respect, protection and realization of children’s welfare.356
GoN has also ratified the ILO Worst Forms of Child Labor Convention (C182) in 2000. In
1990 GoN has ratified CRC followed by the ratification in 2000 of the ILO Worst Forms of
Child Labor Convention (C182). Namibia's Labor Act 2007 (Act 11 of 2007)--which is the
principal law governing employment-related matters--contains provisions prohibiting
employment of children.
350
Article 15(1) NC
351
Article 15(2) of NC
352
Article 20(2) of NC
353
Target 2 and indicators 6-8 of MDG2
354
355
Article 15(2) of NC
356
Article 95(a) of NC
112
Tne Vienna Declaration and Progarm of Action calls for the strengthening of national and
international mechanisms and programmes for the defence and protection of children, in
particular, the girl-child, abandoned children, street children, economically and sexually
exploited children, including through child pornography, child prostitution or sale of organs,
children victims of diseases including acquired immunodeficiency syndrome, refugee and
displaced children, children in detention, children in armed conflict, as well as children victims
of famine and drought and other emergencies.357
Notwithstanding the legal instruments adopted to deal with the issues of the worst forms of
labor in the country, servitude and other slavery-like practices, as well as exploitative
practices remained widespread in the country, judging from persistent media reports about
the worst forms of child labor occurring in the country. For example, in a report entitled 2008
Findings on the Worst Forms of Child Labor – Namibia issued on September 10 2009, the US
Department of Labor produced a statistical account on the prevalence of the worst forms of
child labor in Namibia. According to the report, Namibian children work in agriculture, raising
or tending livestock, charcoal production, construction, and domestic service. Children from
poor, rural households assisted extended family members in urban centers with house
cleaning, cooking, and child care in exchange for food, shelter, and sometimes clothes and
money. Some Namibian children, as young as 12 years and including street children, are
involved in commercial sexual exploitation.358
Nevertheless, during the period of reporting, the right of children remained largely not fully
respected, protected and realized by GoN. Hundreds of thousand of children lacked identity
documents and in the process are deprived of a nationality and or the right to receive social
grants from the State. For example, a GoN survey conducted during 2006 show that close to
40 percent of all Namibian children under the age of 5 years had no birth certificates. With
regard to the right to education, a number of school fees, such as the school development fund
(SDF), fees for school uniforms, books and dormitory costs continue to make it impossible for
especially children from poor families and or OVC to obtain education.
357
Paragraph 21 of the 1993 Vienna Declaration and Program of Action
358
http://www.unhcr.org/cgi-bin/texis/vtx/refworld/rwmain?page=printdoc&docid=4aba3ecd3c
113
The right of Namibian children to economic security continued to be a night mare as child
neglect also remained a pervasive and serious problem, with hundreds of thousands of
Namibian children subjected to abject poverty as well as to a paraphernalia of other socio-
economic security threats associated with UNICEF’s triple threat, such as child homelessness,
malnutrition, child prostitution and child trafficking as well as slavery-like practices. During the
period under review, Police records as well as media reports showed that at least 200
children were murdered, raped or assaulted.359Moreover, twenty years after Namibian
independence, GoN has yet to adopt a child protection legislation to ensure effective respect,
protection and realization of children’s rights as contemplated under NC and international
customary, humanitarian and human rights instruments applicable in the country. As the period
under review came to an end, there were over 250 000 OVCs in the country.360
2.9.2.3. Persons with Disabilities
NC and subordinate law prohibit discrimination against PWDs, including societal

marginalization in the fields of employment and public office. However, societal discrimination
against PWDs also remained pervasive during the period under consideration as the
implementation of the constitutional and law provisions remained ineffective if at all existed.
On June 10 2009, NFPDN said that the country’s 85 000 PWD population would boycott the
NA and Presidential elections scheduled for November 27-28 2009, unless PWDs were
included in party lists and as candidates for public office. Speaking during the
commemoration of the National Day of PWDs, NFPDN Chairperson Martin Tjivera threatened
“to discourage our members, families and extended relatives not to participate in the
upcoming elections”. Tjirera argued that 19 years after Namibian independence, societal
discrimination against PWDs remained unabatedly widespread and this precluded them from
participating in all spheres of social life in the country.361
In a ministerial statement read on his behalf by PWD Swapo Party MP Alexia Ncube, Prime
Minister Nahas Angula acknowledged that PWD issues are usually taken for granted at
359
“Namibian Children face murder, rape and abuse on a daily basis”, The Namibian online, October 2 2009
360
“Current OVC Situation”, Introduction, National Plan of Action 200-2010 for Orphans and Vulnerable
Children in Namibia, Annual Progress and Monitoring Report for 1 April 2007 and 31 March 2008,
Directorate of Child Welfare, MGECW, p.1
361
“Unhappy Disabled Threaten Massive Elections Boycott”, New Era online, June 11 2009
114
platforms where matters pertaining to human rights were concerned. Angula said it was
crucial for different political parties to ensure that the names of PWDs also featured on their
respective party lists and that PWD names formed part of the elections manifestos of political
parties.362
2.9.2.4. Sexual Minorities
As during all other previous periods under reporting, systematic societal discrimination against
sexual minorities remained pervasive during the period under review. The law does not
expressly prohibit homosexual conduct. However, high ranking GoN politicians continued
unabatedly to advocate discrimination against LGBTI people in the country. For example, at
the end of July the Karas Regional Council described an LGBTI initiative as “funny” and said it
was “immoral to promote” homosexuality in the Karas Region. The Council was reacting to an
LGBTI initiative launched to advocate equal rights and opportunities for gender minorities in
southern Namibia. Coordinated by People in Need (PiN), a Czech Republic human rights
NGO, the initiative focused on enhancing empowerment of marginalized sexual minorities in
the areas of human rights and HIV-AIDS.
On September 2 2009, LGBTI activist and PiN Coordinator Jacobus Witbooi decried
discrimination against sexual minorities and pointed out that as set out in UDHR human rights,
including justice, equality, humanity, respect and freedom of expression and the rule of law
are the foundations upon which democratic states are built. Witbooi said the HIV prevalence
rate among gay men remained a concern as gay people were afraid to seek healthcare for
fear of being discriminated against by health workers and that LBGTI people were always
excluded from any form of GoN policy on the prevention of the spread of HIV-AIDS.363
362
“Unhappy Disabled Threaten Massive Elections Boycott”, New Era online, June 11 2009
363
Internal monitoring reports, NSHR, September 2 2009 and “Gay, Lesbian Rights March At Keetmans”, The
Namibian online, September 3 2009
115
2.10. FUNDAMENTAL FREEDOMS
NC and ICCPR as well as several other relevant international human rights instruments, to which
GoN is a State Party, guarantee all the fundamental freedoms for everyone in the
country.364This includes the right to engage in peaceful political activities and to form or join
associations of one’s choice. These freedoms include the freedoms of opinion and expression,
conscience, movement, association, assembly and religion. The right to freedom of opinion and
expression includes the press freedoms.
2.10.1. FREEDOM OF EXPRESSION AND OPINION
“Freedom of opinion and expression” refers to the right of everyone to hold opinions without
interference. This includes the freedom of everyone to seek, receive and impart information
and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of
art or through any other media of his or her choice as enunciated in NC and ICCPR.365
ICCPR strictly prohibits all and any propaganda for war and any advocacy of national, racial
or religious hatred that constitutes incitement to hostility or violence and, in the opinion of HRC,
such prohibition is fully compatible with the right of freedom of expression as contained in
Article 19, the exercise of which carries with it special duties and responsibilities.366
Furthermore, UN reaffirms the fact that the right to freedom of opinion and expression is
among those human rights that are sine qua non in a democratic society and further that the
effective promotion and protection of the right of everyone to exercise his or her right to
freedom of opinion and expression are of vital importance to the safeguarding of human
dignity, while unwarranted restrictions on the exercise of the right to freedom of opinion and
expression could indicate a deterioration in the protection, respect for and enjoyment of all
364
Articles 17, 21 and 95(k) of NC as well as Article 19 of ICCPR
365
Article 21(1)(a) of NC and Article 19 of ICCPR as well as CCPR General Comment No 10 of 1983
366
116
other human rights and freedoms, bearing in mind that all human rights are universal,
indivisible, interdependent and interrelated.367
Hence, “attacks on the freedom of opinion and expression” herein refers to any and all
politically motivated situations or inchoate or actual acts aimed at individuals ad hominem or
organizations exercising the right to freedom of opinion and expression, when such situations
have been created by, and or such acts are coming from, GoN, ruling or Opposition party
officials or by or from any individuals or groups exercising quasi-governmental authority and,
furthermore, when such situations or acts are calculated to limit and or are likely to limit or,
altogether, suppress the exercise of the right to freedom of opinion and expression.
Therefore, for the purpose of this Report, the term “attacks on the freedom of opinion and
expression” includes any and all other active or passive commissions aimed at suppressing or,
altogether, preventing certain information from becoming public knowledge or impairing the
right of the public to know.
The use of explicit or veiled smear tactics or engagement in character assassination, fighting
words or hate expression as well as abusive, defamatory and inflammatory language against
real and or perceived GoN or ruling Swapo Party critics are classic examples of attacks on
the freedom of opinion and expression. The term also includes any and all other forms of
intolerance, intimidation or incitement to violence or any propaganda and or advocacy for
war aimed at individuals or groups exercising the right to freedom of expression and opinion
as well as any other violations of the right to seek, receive and impart information and ideas
freely through the media of one’s choice as contemplated under NC and ICCPR.368

internal or external to the State concerned.369The period under consideration saw numerous
attacks on the right to freedom of opinion and expression including press liberties as the
367
“The right to freedom of opinion and expression”, Commission on Human Rights resolution 2003/42, April
23 2003
368
369
117
political leadership systematically accused the media of inter alia ‘sensationalist’ reports lack
of patriotism, and even of being opposition sympathizers, as well as causing alarm, instability,
war, confusion and the list goes on.
As the period under reporting ended, several high-ranking Swapo Party and or GoN officials
inter alia launched vitriolic attacks on the freedom of opinion and expression and or showed
extreme intolerance towards the media and other related civil society actors. Discrete and
situational attacks by especially ruling Swapo Party officials and activists directed ad
hominem against individuals or groups making critical public comments or imparting dissenting
views through the print, electronic or other media were particularly pervasive, including:
2.10.1.1. GoN Maintains Lack of Transparency Laws
Notwithstanding its proclaimed commitment to transparency in governance and regardless the

provision of NC and ICCPR to the contrary370, GoN continued to maintain several apartheid-
era laws which blatantly undermine transparency in government. For example, Section 205 of
the Criminal Procedure Act (CPA) 1977 (Act 51 of 1977) empowers a magistrate, at the
request of a public prosecutor, to require “any person likely to give material or relevant
information concerning an offence” to appear before him or her for examination by a
prosecutor.
Section 189 of CPA empowers a magistrate to “enquire into any refusal by any person to
answer any question put to him or her and to sentence that person to imprisonment if there is
no just cause for refusing to answer the questions”. The apartheid-era Protection of Information
Act 1982 (Act 84 of 1982) also inhibits the free flow of information and undermines the right
to know in the country because in imposes secrecy requirements on civil servants. Twenty years
its independence the country still has not enacted a freedom of information legislation.
370
118
2.10.1.2. Corruption Reports Remain Secret
GoN also continued to maintain lack of transparency around regarding the 17 or more
reports of the presidential commissions of enquiry into corruption and similar malpractices in
the public service which are in President Pohamba’s possession.
As during the previous period of reporting, the Pohamba Administration failed to release the
reports of the statutory presidential commissions of enquiry into corruption and similar
malpractices in the public service.371Most of the enquiries were instituted during the previous
Nujoma Administration but were systematically kept under the wraps. Analysts continue to
believe that President Pohamba’s reluctance to publicize the reports stems from the fact that
the majority of those high-ranking officials accused of corruption in the reports are die-hard
loyalists or associates of former President Sam Nujoma.372
Reluctance to release the said reports brings into question Pohamba’s sincerity and
commitment to his professed ‘zero tolerance for corruption’ crusade. This state of affairs puts
into question the credibility of President Pohamba’s anti-corruption drive since the majority of
those high-ranking officials accused of corruption are die-hard loyalists or associates of
former President Sam Nujoma.373
On the occasion of media reports that President Pohamba was to lead an anti-corruption
march on May 27 2009 NSHR issued a Press Release once again calling upon President
371
“Pohamba must bare corruption commission’s reports”, Press Release, NSHR, April 13 2005
372
“Political Perspective”, The Namibian online, Friday, June 29 2007; “Family sues The Namibian over 'Mafia
link' report”, The Namibian online, Wednesday, April 25 2007; “Mafia boss linked to Government heavies”,
Informanté, Thursday, March 29 2007; “Mafia linked to Namibian gems”, The Namibian online, Friday, March
23 2007; “The Who's Who of Namibia's gem industry”, The Namibian online, Monday, March 26 2007;
“Palazzolo buys N$4m City home”, The Namibian online, Friday, May 18 2007 and “Family sues The
Namibian over 'Mafia link' report”, The Namibian online, Wednesday, April 25 2007
373
“Political Perspective”, The Namibian online, Friday, June 29 2007; “Family sues The Namibian over 'Mafia
link' report”, The Namibian online, Wednesday, April 25 2007; “Mafia boss linked to Government heavies”,
Informanté, Thursday, March 29 2007; “Mafia linked to Namibian gems”, The Namibian online, Friday, March
23 2007; “The Who's Who of Namibia's gem industry”, The Namibian online, Monday, March 26 2007;
“Palazzolo buys N$4m City home”, The Namibian online, Friday, May 18 2007 and “Family sues The
Namibian over 'Mafia link' report”, The Namibian online, Wednesday, April 25 2007
119
Pohamba to release the findings of the said commissions and thereby show cause and give
practical effect to his vow to uproot the burgeoning corruption in the country.374
2.10.1.3. GoN Detain Female SA TV Reporter
On November 28 2008, NamPol members arrested and detained female SA TV journalist

Bonita Nuttall for compiling a report about the nomadic Himba ethnic group without first
obtaining the temporary residence and work permits which Namibia requires of foreign
journalists. A presenter on the SA TV station M-Net’s investigative program Carte Blanche
Nuttall was arrested at Windhoek international airport as she was about to depart. On
December 1 2008, Nuttall appeared in the Windhoek Magistrate’s Court in Katutura on a
charge that she had contravened a section of the country’s Immigration Control Act 1993 (Act
7 of 1993) by allegedly furnishing false information to immigration officers.375She was
subsequently released on December 3 2008, after paying bond of altogether N$10 000.
Soon after Nuttall’s arrest, Paris-based Reporters without Frontier (RSF) strenuously objected
to the Nuttall arrest and urged GoN to ease the country’s relevant legislation “which imposes
too many restrictions on foreign journalists wanting to work there”, and called on GoN to
withdraw all charges against Nuttall.376On October 20 2009, RSF gave Namibia the big
drop in press freedom ratings because of the Nuttall incident.377
2.10.1.4. Swapo Party Website Makes ‘Fascist Propaganda’
Writing in The Namibian on November 27 2009 renowned Namibian academic and political
analyst Henning Melber correctly noted that since its inception during mid-year the website of
the ruling Swapo Party ran a column through which four individuals were vilified for making
critical comments about the socio-economic and political situation in the country. They were
therefore verbally attacked ad hominem and systematically called names and accused of
374
“Bare all corruption reports”, Press Release, NSHR, May 27 2009 and “Pohamba must bare corruption
commission’s reports”, Press Release, NSHR, April 13 2005
375
“Immigration locks up SA journalist”, The Namibian online, December 2 2008
376
“Journalist’s arrest gets international attention”, The Namibian online, December 9 2008
377
“ Namibia dips in press rankings”, The Namibian online, October 21 2009
120
harboring anti-Namibian (meaning anti-Swapo) views. Dr. Melber also noted that none of the
Swapo Party officials in responsible public position had gone on record “to dissociate
themselves from this kind of vendetta bordering on fascist propaganda”.378As the period
under consideration ended the following Civil Society actors were especially targeted for
vilification by the Swapo Party in a blog called The Spotlight. They included:
2.10.1.4.1. Gwen Lister
The ruling Swapo Party accused veteran The Namibian Editor Gwen Lister of having “fooled
everyone that she supported the black Namibians' struggle for independence”. However,
“immediately after independence, she turned around and joined hands with some of the
notorious covert apartheid operators who have committed untold atrocities against the
Namibian people, for the sole purpose of demonizing Swapo Party leadership and
trivialization government programmes”.
Lister was also accused of “consistently and continuously portray[ing] Namibia in a bad light”
in general and “Swapo Party in particular”. The ruling party also claimed through its official
website that Lister had founded the newspaper “with financial assistance organized and
mobilized by SWAPO of Namibia”.379
2.10.1.4.2. Journalist John Grobler
The Swapo Party also characterized investigative freelance journalist John Grobler “a so-
called Investigative Journalist reporting occasionally for The Namibian newspaper and (RSA)
Mail & Guardian” as well as “a KOEVOET soldier who, along with his fellow brutal apartheid
henchmen, committed untold atrocities to the Namibian people” and whose “hands are soaked
in the blood of the Namibian people”. Grobler was also accused of having “embarked on a
vicious strategy […] by demonizing” Namibia and [former Namibian President Sam Nujoma].
380
378
“Namibian Politics: The Pathology of Power and Paranoia”, The Namibian online, November 27 2009
379
http://www.swapoparty.org/spotlight_gwen_lister.html
380
http://www.swapoparty.org/spotlight_jonathan_cobra.html
121
2.10.1.4.3. HRD Phil ya Nangoloh
Furthermore, the ruling Swapo Party described NSHR executive director Phil ya Nangolon
inter alia “a so-called human right activist” and “a former freedom fighter, who, through
SWAPO of Namibia, was awarded a scholarship to the then Soviet Union” but who has
become “an ardent anti-SWAPO and anti-Nujoma propagandist”.381
2.10.1.4.4. Academic Henning Melber
Leading academic Henning Melber was described as “a prolific writer and contributor of
articles in The Namibian and whose “articles are mostly on [former Namibian President Sam
Nujoma] or Namibia”. The Swapo Party also claimed that Dr. Melber only saw “gloom and
doom for Namibia”, while “at the same time he claims to be a SWAPO member since
1974”.382
2.10.1.5. Ruling Party Smears Activists
Soon after the disputed NA and Presidential elections held on November 27-28 2009, the
Swapo Party mounted a vicious smear campaign to delegitimize the work of prominent human
rights defenders, media workers and academics in the country. They were inter alia described
as “socio-political clowns” who have “worked separately but had a common agenda against
the Swapo Party and whose “common denominator is [RDP] which they loved and had wished
for it to win so desperately”.383The ruling Swapo Party’s smear campaign also manifested
itself through spread slanderous accusations and attacks on the personal integrity of
especially the following people:
2.10.1.5.1. NSHR Human Rights Defenders
The Swapo Party accused NSHR executive director Phil ya Nangoloh and “his political
concubines the likes of Steven Mvula and Kaseven [Aipinge of having] deployed over 180 so-
381
http://www.swapoparty.org/spotlight_phil_ya_nangolo.html
382
http://www.swapoparty.org/spotlight_henning_melber.html
383
http://www.swapoparty.org/spotlight_political_clowns_vs_swapo.html
122
called human rights monitors on a house-to-house campaign in the northern regions”. The ruling
party also claimed that NSHR’s “mission was subversively designed to cause chaos and
mayhem” in the country and to “provoke SWAPO members into acts of retaliation which
would render the election process questionable”.384
2.10.1.5.2. Henning Melber and Alfredo Hengari
The Swapo Party also described political analysts Henning Melber and Alfredo Hengari as
“amongst the worst academic bats [who] prior to the just ended elections” had “tried hard in
Gwen Lister’s paper to twist facts and cooked the truth in order to influence the potential
voters in abandoning Swapo Party”.385
2.10.1.5.3. The Namibian Editor Gwen Lister
Veteran The Namibian Editor Gwen Lister was accused of having “used an intern working for
her paper, Ndapwa Alweendo, to influence the born frees” in the country to vote for RDP.
Lister was also accused of having posted “Ndapwa’s article just next to the text message
page because she wanted most of her readers not to miss it” as well as of ensuring that “only
SMSes praising Ndapwa Alweendo were published”.386
2.10.1.5.4. Journalist John Grobler
Investigatve freelance journalist John Grobler was accused of having “written more in a latest
article published by the South African equivalent of The Namibian newspaper called Mail and
Guardian” whose shareholders were “English and former Rhodesians”. The Swapo Party
claimed that it was “expected that they would publish lies and propaganda of a former
KOEVOET’s kith and kin like John Grobler”.
Grobler was also demonized after he wrote an article in the Mail and Guardian that the
results of the November 27-28 2009 NA and Presidential elections were “so skewed and of
such statistical improbability that even the Swapo Party leadership seem to think it was too
384
385
386
123
good to be true” as well as for having written that eight of the Opposition parties had
“agreed to take ECN to court after having entered into a pre-election pact to pool resources
to fight what will be in all likelihood a drawn-out legal battle.”387
2.10.1.5.5. Informanté Editor Max Hamata
On his turn investigative Informanté Editor-in-Chief Max Hamata was accused of having
“suddenly became another mouthpiece of RDP” and of having, in the run-up to the elections,
“published literally every rubbish of Phil ya [Nangoloh], which appeared to suggest that the
two were talking and strategizing together”. The ruling party also accused Hamata of
publishing “politically motivated stories such as the Chinese bursaries and the new fleet for His
Excellency the President [which] were leaked to him by fellow RDP supporters in the Swapo
Party Government”. Furthermore, the Swapo Party further claimed that the “link between Max
Hamata and Phil ya [Nangoloh] has also been established with the hallucination of an alleged
hit-list for the duo”.388
2.10.1.6. GoN Keeps Base Secrecy
On November 24 2009, The Namibian newspaper reported that the Ministry of Defense
(MoD) was reluctant to give details about the building of a new air force base for NDF some
15 kilometers outside the town of Karibib. MoD spokeswoman Lt-Col Monica Sheya
reportedly told The Namibian that taking photographs of military installations was prohibited
in terms of Section 55(1A) of the Defense Act 1957 (Act 44 of 1957), as amended.
An information board near the base reportedly indicated that the “Construction of a new air
wing base, Phase 2 for the Ministry of Defense” was contracted to China Jiangsu International.
The Namibian reportedly also learned from reliable sources that the first phase of the project
was already launched in 1997. The sources also told The Namibian that the second phase was
already nearing completion. It will be a “permanent base”.389
387
388
389
“NDF air force base shrouded in secrecy”, The Namibian online, November 24 2009
124
2.10.1.7. ECN Bans NSHR
On or around November 23 2009, ECN Chairperson Victor Tonchi arbitrarily withdrew

NSHR’s election observer status accusing the human rights organization of spreading “lies”
about the voters’ roll as well as of deliberate attempts to discredit ECN and mislead public
opinion as well as the international community. However, the ECN move came only after NSHR
released a “dossier of gross irregularities” entailing a severely flawed voters’ roll which
contained about 132 underage voters, about 103 voters who had registered twice and that
12 voters had registered after the September 30 2009 cut-off date.
Tonchi “warned” international election observers to watch out for “detractors who for political
expediency and opportunism want to distract the electoral process”, adding that there were
“some civic organizations that have become whistle-blowers and staunch critics of the system
instead of becoming partners“ and further that “unnecessary whistle-blowing sometimes leads
to voter apathy, increased political tension and contested results which leads to wastage of
limited financial resources on recounting and court cases.” Tonchi also accused NSHR of
“colluding with one of the parties contesting the elections, which raised serious questions about
the organization’s impartiality as an observer of elections. Given this situation, it is clear that
this institution cannot be trusted as a credible, fair, transparent, honest, objective and non-
partisan observer of elections in Namibia”390
2.10.1.8. Swapo Party Members Destroy RDP Posters
On November 8 2009, several Swapo Party supporters singing praises for former Namibian
President Sam Nujoma removed an RDP posters from a municipal light post at the Libertine
Open Market adjacent the Single Quarters in Windhoek’s Mungunda Street. Consequently at
least two (2) Swapo Party activists were allegedly slapped in their faces by angry RDP
campaigners after the Swapo Party supporters hid or destroyed an RDP poster and hurled
insults at the latter.391
390
“ECN blackballs NSHR”, The Namibian online, November 24 2009
391
“Swapo Party sows seeds of copnflict and instability”, Press Release, NSHR, November 9 2009
125
2.10.1.9. Swapo Party Destroy CoD Materials
On November 7 2009, Swapo Party activists praising Nujoma prevented 5-member CoD
elections campaign team, led by CoD MP Elma Dienda, from campaigning at Noordoewer
village in the Karas Region. Swapo Party supporters also destroyed CoD campaign materials
and told CoD activists that Noordoewer, Aussenkehr and other places in the South of the
country were ‘no go areas’ for other parties. Dienda had laid several charges of intimidation
and obstruction as well as malicious destruction of property at the Noordoewer and
Aussenkehr Police precincts.392
2.10.1.10. Swapo Supporters Remove RDP Posters
On November 6 2009, in Eveline Street in the Goreangab Dam suburb of the City of
Windhoek, fighting broke out between a group of 15 Swapo Party activists and 7 RDP
supporters after the former singing ‘We are Nujoma’s soldiers’ removed RDP posters from a
municipal light pole. Wanaheda Police precinct rapidly intervened and no further incidents
occurred that day.393
2.10.1.11. Swapo Party Destroys RDP Info Materials
On October 31 2009, a group of between 20 and 30 impoverished Swapo Party activists,

most of them poor women and children taunted an RDP convoy in Windhoek’s One Nation
Shitenda Informal Settlement. The highly provocative Swapo Party supporters, carrying huge
Swapo Party banners and singing praises for former Swapo Party President Sam Nujoma,
constantly banged and even spat on the windows and doors of a black 4 x 4 Toyota Hilux
Surf Station Wagon, registration number N 47596 W, belong to an RDP campaigner. The
group also ripped off and destroyed RDP campaign materials including posters and several
small flags.
392
393
126
One of the Swapo Party supporters, dressed in a white party T-shirt with a party flag imprint
in front, smashed the rear left hand side window of the aforementioned RDP Toyota Hilux
vehicle. A criminal case (CR 983/10/09) of malicious damage to property was subsequently
laid against the perpetratror at the Windhoek’s Wanaheda Police precinct.394
2.10.1.12. Iivula-Ithana Calls Key Editor ‘Big Snake’
Addressing a Swapo Party elections rally at Omungwelume village in the Ohangwena Region
on October 3 2009, SWAPO Party Secretary General and Justice Minister Pendukeni Iivula-
Ithana branded The Namibian's editor Gwen Lister a "big snake in the country" and accused
the country’s leading independent English daily of publishing false news aimed at tarnishing
the country's image as well as “desiring to bring war”. Mme Iivula-Ithana reportedly also
labeled The Namibian newspaper as “a bad newspaper, reporting only on negative things
like crimes, baby dumping and court cases, and never on positive things that are happening in
the country”.
Mme Iivula-Ithana also claimed that Lister was a member of RDP and charged that “if [Lister]
wants her newspaper to be a people’s paper, then she has to change her behavior of writing,
[and] changing those SMSes in her newspaper, because they are confusing people.” She
further charged that the front page of The Namibian was “always full of negative stories”,
while people say bad things about Swapo Party leaders on the mobile phone text message
(i.e.) pages and further that The Namibian was sending a bad image of Namibia into the
world and must stop doing so.
Mme Iivula-Ithana further claimed that if there were to be a war in Namibia, it would be as a
result of (reporting in) The Namibian and its editor, Gwen Lister, who is a white person and
who always writes bad things, especially about former President Sam Nujoma when he
attacks white people. She “warned” Mme Lister that if she is not careful about what she writes
about Swapo Party leaders and other Namibians, she will be taken to task for the
394
“Violence plague RDP campaigning”, Press Release, NSHR, November 2 2009
127
wrongdoings committed by her white ancestors. MISA-Namibia strongly condemned what it
described as “the outrageous” remarks by Iivula-Ithana.395
2.10.1.13. Swapo Party Boycotts The Namibian
On or around September 28 2009 called upon the general public to boycott The Namibian
newspaper because “the editor of The Namibian newspaper Ms. Gwen Lister has been anti-
Swapo Party and Anti-Namibia”. The Swapo Party also claimed that “ever since [Lister’s]
newspaper got on the website every article on the front page of that newspaper portrays
negative issues towards Swapo Party, Namibia or Swapo Party leaders”.
The ruling party also claimed that “the world opinion is being negatively influenced and
poisoned against our country, our party and our leaders”. Hence, the call upon the general
public to boycott the country’s leading independent English daily.396
2.10.1.14. Swapo Party Sues Ya Nangoloh and Grobler
On September 17 2009 Swapo Party official mouthpiece, Namibia Today, reported that
Swapo Party “has put up a strong legal team to sue investigative journalist John Grobler and
NSHR executive director Phil ya Nangoloh “for writing defamatory and libelous articles
against former Namibian President Sam Nujoma and other Swapo Party leaders” which had
“appeared in the Windhoek Observer under its old owners before and after the 2004 extra-
ordinary congress”. Swapo Party Secretary General Pendukeni Iivula-Ithana, who is also the
country’s Justice Minister and Attorney General, reportedly confirmed that Grobler and ya
Nangoloh would be sued severally for the defamation claims worth N$50 million.
Swapo Party also claimed that “a common thread that ran through Grobler’s articles “was
that Cde Nujoma was just a ‘dictator’ who had ‘single-handedly taken decisions alone’ and
who ‘brooks no dissenting views’.” Swapo Party accused NSHR executive director Phil ya
395
396
“Buying a subversive Newspaper is supporting it”, Swapo Party, September 28 2009
128
Nangoloh of having “persistently written articles which also appeared in the Windhoek
Observer […] alleging that Dr. Nujoma was a ‘CIA agent’ while National Assembly Speaker,
Dr. Theo-Ben Gurirab was a ‘CIA briefcase officer’.” Swapo Party furthermore claimed that
both Grobler’s and ya Nangoloh’s articles favored Hidipo Hamutenya in his bid to become
Swapo Party Presidential Candidate.397
2.10.1.15. Ya Nangoloh Called ‘a Coward’
On or around September 28 2009, Luderitz-based SPYL Task Force Chairperson Shavuka

Mbidhi described NSHR executive director Phil ya Nangoloh as inter alia a “political coward
who collaborated with the enemy as leader of the then so-called Parents’ Committee”.
Mbidhi’s characterization of ya Nangoloh came after Informanté weekly tabloid published an
article which ya Nangoloh had authored and which Midhi views as critical of former Namibian
President Sam Nujoma and SPYL Secretary Elijah Nurare.
Describing him as “the usual anti-SWAPO and pro-RDP Phil ya Nangoloh”, Mbidhi accused ya
Nangoloh of “treasonable arguments” and “political hallucinations” as well as of having
deployed “his programmed robots to write articles, send SMSes to newspapers and call in to
NBC phone-in programs” criticizing Nujoma and Ngurare.398
2.10.1.16. GoN Fails to Explain Mass Grave Saga
On September 21 2009, GoN, for the second time failed to shed more light on the alleged
disappearance of people following the 2008 discovery of mass graves by NSHR.399On
September 9 2008, the country’s human rights organization released a dossier containing
“circumstantial evidence” on several mysterious mass graves it had found just north of
Namibia-Angola borderline. NSHR suspects that those buried were alleged rebels and or
supporters of Angola’s UNITA movement who were hunted down by soldiers of the Namibian
and Angolan armies along Namibia’s northwestern, northern and northeastern border.
397
“N$50m law suit”, Namibia Today, http://www.swapoparty.org/50m_law_suit.html
398
“Namibia Today, http://www.swapoparty.org/phil_ya_nangolo_a_political_coward.html
399
129
2.10.1.17. SG Demonizes Probing Reporter
On September 9 2009 freelance investigative journalist John Grobler sued Justice Minister
Pendukeni Iivula-Ithana and Swapo Party for describing him as a “KOEVOET” whose ‘hands
are soaked in the blood of Namibian people’. This characterization of Grobler by Iivula-
Ithana came after Grobler wrote an investigative story implicating, among others, Iivula-
Ithana in illegal scheme of expropriating State property in the tourism industry. This
characterization of Grobler was contained in a column entitled The Spotlight which was posted
on the Swapo Party’s official website, www.swapoparty.org, a week earlier. In the highly
defamatory column Grobler was accused of inter alia having called former Namibian
President Sam Nujoma ‘a dictator’ through articles published in the weekly Windhoek
Observer newspaper two years previously.400
2.10.1.18. ECN Bans The Namibian
On September 7 2009, The Namibian accused ECN of withholding election information which
the latter had distributed to other newspapers in the country. ECN Director Moses Ndjarakana
stated that ECN had no authority to include The Namibian in its distribution of election
materials due to a 2000 Cabinet resolution banning GoN advertising in or buying copies of
The Namibian.401
Following the ban, both NSHR and MISA-Namibia severally registered their strong protests at
ECN for the reported exclusion of certain media houses and, by extension, for withholding
voter vital information from a large number of potential voters. In a media statement issued
on September 13 2009, MISA-Namibia listed at least 5 additional independent media houses
that were affected by the ECN ban.402
400
“Journalist Sues Iivula-Ithana, Swapo for Slander”, Informanté online, September 10 2009 and “Journalist
sues for slander”, The Namibian online, September 10 2009
401
“The Namibian sidelined by ECN”, The Namibian online, September 8 2009
402
http://www.pambazuka.org/en/category/advocacy/59156
130
2.10.1.19. Party Mouthpiece Demonize ya Nangoloh
On August 25 2009, The Namibian newspaper reported that NSHR executive director Phil ya
Nangoloh was suing Swapo Party’s mouthpiece, Namibia Today, for N$250 000. Ya
Nangoloh’s lawyers Koep and Partners wrote to Namibia Today demanding a public apology
after the Swapo Party mouthpiece described ya Nangoloh inter alia as a “noted twister of
facts and confirmed notorious and pathological liar”.403The ruling party’s newspaper also
claimed that ya Nangoloh was possessed by demons from the graves he allegedly dug open
in Angola in 2008 following the publication by NSHR on September 9 2008 of a dossier on
the discovery of several mass graves in southern Angola a few kilometers north of the
Namibian border.404
2.10.1.20. NamPol Detain SA Photographer
On August 4 2009, NamPol members acting on behalf the Ministry of Fisheries Officials and
Marine Resources officials detained a SA wildlife photographer Neel Herman for taking
pictures of a seal factory. Herman was reportedly taken to the offices of the Fisheries Ministry
where he was temporarily detained without a charge until the afternoon. He was later
released since no charges could be laid against him. Herman’s detention came about four
weeks after another two foreign journalists were arrested and fined for entering a “marine
protected area” at Cape Cross without the permission of the Minister of Fisheries and Marine
Resources.405
2.10.1.21. GoN Bars Independent Media from Colony
On July 27 2009, GoN barred The Namibian newspaper from accessing the Sea Seal colony
where a controversial annual commercial seal culling spree was taking place. Fisheries and
Marine Resources State Secretary Frans Tsheehama stated that “under no circumstances film
activities may take place during the harvesting of seals” and that only GoN-controlled media
403
http://africa.bizcommunity.com/Print.aspx?l=148&c=90&ct=1&ci=39264
404
“Ya Nangoloh to sue Swapo paper”, The Namibian online, August 25 2009
405
“Another SA photographer detained at Henties Bay”, The Namibian online, August 5 2009
131
institutions will be allowed to cover the exercise in accordance with certain terms and
conditions “agreed upon in writing”.
In response to the banning of independent media on August 3 2009, MISA-Namibia

“expressed its serious concern and condemnation of attempts by the Ministry of Fisheries and
Marine Resources to use non-existent statutes to ban legitimate media work as well as inhibit
access to areas of interest by both the local and foreign media”.
MISA-Namibia explained that The Namibian newspaper had applied to the said Ministry
seeking permission to enter the seal harvesting area and “report for the benefit of citizens on
how this is done”. The controversy over the harvesting of seals also followed complaints by
animal rights groups that the harvesting of seals is being done in an insensitive manner.406
2.10.1.22. State Security Agents Eject Cameraman
On July 19 2009, GoN state security agents barred independent One Africa TV cameraman
Sylvester Simubali from filming a visit to Namibia by Cuban President Raul Castro at
Windhoek’s Hosea Kutako International Airport. Simubali was eventually ejected from the
entire event. In a letter addressed to the Editor of One Africa TV on July 22 2009 MICT State
Secretary Mbeuta ua Ndjarakana reportedly confirmed the incident and explained that
“preferential treatment” was always accorded to State media during State visits and national
events. Ua Ndjarakana reportedly claimed that this excluding private media from such events
was “normal practice internationally”. One Africa TV is the country’s only independent
television broadcaster. Reacting to the incident, MISA-Namaibia called upon GoN to treat all
bona fide media houses equally and offer equal access to all for the coverage of national
events.407
406
government”, Press Release, August 3 2009
407
“Alert: Camera operator prevented from covering state visit”, MISA-Namibia, July 27 2009
132
2.10.1.23. GoN Detains Foreign Journalists over Seal Culling
On July 16 2009, NamPol members at Cape Cross arrested and detained two foreign
journalists for entering a “marine protected area” without the permission of the Minister of
Fisheries and Marine Resources. SA Filmmaker Bart Smithers and British investigative Journalist
Jim Wickens were reportedly arrested for trespassing and carrying out media work in a
‘prohibited’ area and without the requisite permission and accreditation from relevant
authorities. On July 17 2009, Smithers and Wickens pleaded guilty and were fined N$5 000
each.408
2.10.1.24. GoN Mum on Mass Graves
On June 21 2009, GoN missed a deadline, which WGEID had set for it to shed more light on
the alleged disappearance of people in the country. WGEID asked GoN to say whether or
not the NSHR facts are accurate, whether specific investigations have undertaken by GoN,
whether steps have been taken to assist the family members to ascertain the whereabouts of
their loved ones and whether there were any measures in place to bring to justice those
responsible for enforced disappearances as well as whether family members were protected
from threats and harassment.
WGEID approached GoN after NSHR submitted a dossier to WGEID to hold GoN
answerable for the mass graves which the human rights organization had discovered an in
southern Angola just north of Namibia’s northern border. In a General Information
communication addressed to the United Nations, NSHR informed WGEID said that there are
reasonable grounds to believe that enforced disappearances have occurred and are still
occurring on a massive scale in Namibia.409
408
government”, Press Release, MISA-Namibia August 3 2009
409
“Government misses UN deadline on mass graves”, The Namibian online, August 28 2009
133
2.10.1.25. Extraordinary Rendition for HRD
On June 4 2009, NSHR said that it had received information from reliable sources within the
MFA and MoJ that GoN was intent on extraordinarily rendering NSHR executive director Phil
ya Nangoloh to neighboring Angola in order for him to face prosecution for unspecified
criminal charges. The said crimes allegedly related to the discovery and subsequent
publication by NSHR on September 9 2008 of a dossier about inter alia ‘no name’ mass
graves committed along Namibia’s northern and northeastern border between 1994 and
2003. Sources said that ya Nangoloh’s rendition was scheduled to take place before
Namibia’s general elections scheduled for November 27-28 2009.
NSHR said it had “circumstantial evidence” that “a reactionary and highly intolerant faction of
the ruling Swapo Party” spearheaded the extraordinary rendition. NSHR said that since
September 9 2008, “we have been reading in the pro-Swapo Party print media and listening
to local NBC radio phone-in programs about persistent calls for the prosecution of ya
Nangoloh in Angola” because of the said ‘mass graves’ dossier. Prior to the said media
reports, ya Nangoloh had been systematically subjected to an intensive smear campaign and
called names, such as “a witch”, a “grave digger”, a “bone collector”, a “pathological liar”
and similar derogatory references.
This smear campaign also manifested itself through anonymous “letters to the editor” and
“opinion pieces” published in the State-funded and pro-Swapo Party New Era newspaper and
in the ruling Swapo Party’s own mouthpiece, Namibia Today, as well as on local NBC Radio
call-in programs.410NSHR also revealed that its sources said that Swapo Party Secretary
General Mme Pendukeni Iivula-Ithana who is also GoN’s Justice Minister had secretly traveled
to Angola inter alia to discuss the extraordinary rendition with her Angolan counterpart.
In a lengthy and evasive Press Release issued on June 4 2009, GoN swiftly strenuously denied
the extraordinary rendition allegations and said that the “visit to Luanda was in no ay
clandestine and was not motivated by ‘machinations’ to extraordinarily’ extradite any
410
“ALLEGED EXTRAORDINAY RENDITION OF PHIL YA NANGOLOH TO FACE PROSECUTION IN
ANGOLA”, Press Release, NSHR, June 4 2009
134
individual, Angolan or Namibian citizen”. However, MoJ and the Office of the Attorney
General admitted that Iivula-Ithana had, indeed, held talks with her Angolan counterpart and
a Memorandum of Understanding was concluded by the two Ministries of Justice in order “to
accelerate the ratification process of the Agreements of Extradition and Mutual Legal
Assistance in Criminal Matters signed in 2007 and to conclude and ratify the Draft Agreement
on the Transfer of Convicted Prisoners”.411
Experience had repeatedly shown that, in many undemocratic societies around the globe,
human rights defenders have been at risk of being detained or abducted or killed. Many
have been tortured or otherwise ill-treated during captivity, often in an attempt to force them
to confess to criminal activity or to retract accusations of human rights violations.
2.10.1.26. ECN Nixes NSHR Camerawoman
On March 17 2009, ECN Director of Elections (DoE) Moses Ndjarakana ordered NSHR
camerawoman, Martha Amalenge, to stop filming the proceedings of a much publicized
Electoral Symposium held at NamPower Centre in Windhoek. Ndjarakana’s order came
shortly after objections from SPYL activists as well as a vicious verbal attack by Zimbabwean
High Commissioner to Namibia Mme Chipo Zindoga. Mme Zindoga’s attack followed a case
study which made critical reference to Zimbabwe. She said that she “took strong exception” to
the reference in the presentation to Zimbabwe without her prior consultation and demanded
the withdrawal of the case study. In reacting to the filming ban, NSHR questioned “the
reasonability and fairness as well as the consistency and impartiality in an order this
afternoon, by DoE Ndjarakana, of an NSHR camerawoman to stop filming the proceedings of
a much publicized Electoral Symposium currently underway”.412
2.10.1.27. NBC Bans Popular Talk Show
On March 3 2009, NBC Radio summarily banned a popular phone-in radio show known as
the National Chat Show. Acting NBC Director General Andrew Kanime claimed that callers to
the program had “abused the Chat Show with hate speech, xenophobia, tribalism and attacks
411
Press Release, MoJ, June 4 2009
412
“Camerawoman ordered to stop filming symposium”, Press Release, March 17 2009
135
on politicians”. Rights groups condemned the move as an infringement of freedom of speech
and accused the ruling party of silencing opponents ahead of elections scheduled for the
year’s end. MISA-Namibia National Director Matthew Haikali described the shutting the Chat
Show as “an infringement on the freedom of speech as enshrined in the Namibian constitution”.
NSHR also condemned the Chat Show ban and described the incident as an “undemocratic,
unreasonable and unfair as well as a politically motivated move to suppress the freedoms of
expression and opinion”. NSHR executive director Phil ya Nangoloh accused the ruling Swapo
Party of trying to tighten its grip on the media ahead of general elections expected at the
year’s end. The rights body also accused NBC of bowing to pressure from some “intolerant”
SPYL activists who had systematically called upon NBC to shut down all call-in programs.413
The Chat Show ban came after a spate of complaints by several ruling Swapo Party instances
which have called upon GoN to cancel all discussions programs on NBC Radio. For example,
on February 2 2009, SPEC accused callers to the NBC Radio programs of “creating chaos
and anarchy” in the country for being critical of President Lucas Hifikepunye Pohamba and
former President Sam Nujoma.
On December 8 2008, the Swapo Party dominated NaCo also passed a motion calling on the
Office of the Ombudsman to investigate whether or not callers to the NBC Radio discussion
programs have abused their rights by “demonizing” Nujoma and Pohamba. The NBC move
mainly targeted callers which NBC linked to NSHR and RDP. Such callers are alleged to spend
most of their time attacking and discrediting senior Swapo Party leaders on National Radio
and the Oshiwambo Language Service.414
413
“Namibia-media-politics: Namibia shuts down phone-in radio show”, AFP online, March 4 2009 and “NBC
Chat Show banned”, The Namibian online, March 4 2009; “NBC maak stemme stil”, Republikein online, March
4 2009; “Groups condemn Nambia's shut down of radio”, Sapa-AFP online, March 4 2009; “Radio crackdown
‘undemocratic’”, The Namibian online, March 4 2009 and “Namibia shuts down phone-in radio show”, The
Citizen online, March 4 2009
414
“NBC Chat Show banned”, The Namibian online, March 4 2009
136
2.10.1.28. Swapo Party Car-Chase RDP
On February 7 2009, NSHR revealed in a Breaking News Press Release that 12 Swapo Party
supporters were “in hot pursuit of RDP members in the Oshikoto Region”. The incident occurred
after RDP members made a sign of their party through the windows of their car after
attending a political meeting. The Swapo Party supporters became incensed and after the
ensuing car chase one of the hunted down RDP supporters, Vilho ‘Kabila’ Hamunyela, had to
fire warning shots in order to fend off the Swapo Party supporter who pointed a hand gun at
one of the RDP members at Onyaanya village in the Oshikoto Region.
Swapo Party Secretary General Pendukeni Iivula-Ithana reportedly described the incident as
a “tussle between two individuals” adding that the incident as not politically motivated.
However, RDP President HH disputed Iivula-Ithana’s claim about the incident and said his
party had video and photographic evidence to prove that incident was politically-motivated.
Iivula-Ithana claimed that the media has reported on incidences of political violence in the
way it has done to “attract international condemnation” on the way the Swapo Party
conducted itself during the election period. She accused RDP and the media as well as NSHR
of “building a case against Swapo Party” and to “make the upcoming elections appear to
have been compromised”.
RDP President Hidipo Hamutenya (HH), on the other hand, was adamant that Swapo Party
supporters “are using violence against opposition parties to annihilate any form of opposition
to its march to power again.” HH also said his party has video and photographic evidence of
the car chase that ended at the bar as proof that incident was politically motivated. Reacting
to the incident, NSHR had expressed “grave concern” and warned that the proliferating
politically-motivated violence could jeopardize the integrity of the country’s upcoming
elections scheduled for November 2009.415
415
“Who is served by political violence?”, New Era online, February 13 2009
137
2.10.1.29. Nujoma Criticism Irks SPEC
On February 2 2009, SPEC called on The Namibian to stop publishing cell phone text
messages that criticized former President Nujoma. SPEC claimed that text messages, known as
SMS, fueled “chaos and anarchy”. SPEC also instructed MICT Minister Joel Kaapanda to take
unspecified drastic measures in order to stop “dangerous radio programs” on NBC Radio
“before the situation gets out of control”.
SPEC Secretary Kanana Hishoono claimed that The Namibian and NBC Radio were allowing
themselves to be used to propagate hatred and promote public discontent “whose
consequences will be too ghastly to contemplate”. Hishoono called upon veteran The Namibian
Editor Gwen Lister “to stop using the paper as an instrument of inciting and insulting people
and senseless attacks on the Swapo Party and its Government”. He also claimed that, SMS
users and NBC Radio phone-in programs callers criticized former President Sam Nujoma and
incumbent President Lucas Pohamba, wanted to create chaos and anarchy in the country.416
2.10.1.30. NaCo Adopts Anti-Freedom Motion
On December 8 2008, NaCo passed a motion calling on the Office of the Ombudsman to
investigate whether mobile phone text messaged published in The Namibian and callers to
NBC Radio talk shows have abused their rights by “demonizing” former President Sam
Nujoma and President Lucas Hifikepunye Pohamba. Maverick Swapo Party MP and Deputy
NaCo Chairperson Margaret Mensah-Williams tabled the motion calling for an independent
investigation into whether The Namibian has gone overboard by publishing the SMS texts
deemed as personal attacks upon Nujoma and Pohamba. Mme Mensah-Williams said NaCo
was not pleased with the tone and content of speech and expression by the public towards
Pohamba and Nujoma. The concerned text messages and calls were, respectively, published in
The Namibian and broadcast on NBC Radio between December 1 and 5 2008.417
416
“Namibia: SMSes Protected by Constitution – Experts”, The Namibian online, February 4 2009
417
“SMS free speech under NC investigation”, The Namibian online, December 9 2008
138
To the chagrin of certain Swapo Party members who accused the newspaper of “insulting”
among others former Namibian President Sam Nujoma through the text messages and on NBC
Radio phone-in programs, The Namibian has been publishing its readers’ text messages on a
daily basis since 2007. Prior to Mensah-William’s motion several Swapo Party activists have
been calling for the banning of NBC Radio talk shows Chat Show and Open Line, claiming that
NSHR and RDP activists dominated these.418The outcomes of the investigation, if any, by the
Office of the Ombudsman were unknown as the period under review ended.
2.10.2. FREEDOM OF ASSOCIATION
“Freedom of association” refers to the right to form or join or even to resign from any
associations. NC, UDHR and ICCPR guarantee the right to freedom of association, including
affiliation along political, religious or social lines.419This right is guaranteed even during a
state of emergency, national defense or martial law.420
Hence, the term “attacks on the freedom of association” includes the use of physical violence
or any form of political intolerance aimed at real or suspected members of Opposition
political parties or any GoN and or Swapo Party critics. The term also includes any forms of
propaganda for war, political intolerance, intimidation or incitement to violence aimed at
individuals or groups exercising the right to freedom of association.
Exercising this freedom is the only way in which citizens can collectively express their aims,
exert pressure as a group or promote and protect their own interests and those of others. This
freedom is therefore sine qua non in the maintenance and consolidation of a democratic
society. During the period of reporting, there were, however, numerous incidents or situations
which flagrantly threatened the right to freedom of association, including:
418
“NBC Chat Show banned”, The Namibian online, March 4 2009
419
Articles 17 and 21(1)(e) of NC and Article 20 of UDHR as well as Article 22 of ICCPR, respectively
420
Article 24(3) of NC
139
2.10.2.1. Swapo Party Attacks RDP Members
On November 8 2009, NamPol members had to use rubber batons to prevent close to 200
Swapo Party members from obstructing an RDP election rally at the town of Outapi in the
Omusati Region. Although the rally proceeded unhindered, soon after it had ended and
despite the presence of a large contingent of baton-toting NamPol members, between 500
and 700 Swapo Party supporters attacked convoys of RDP rally goers as they left Outapi
town. The Swapo Party attackers used stones and various objects and, in the process, several
RDP supporters and members of the media as well as Police officers sustained various injuries.
Following the violent incident, RDP activist Twelimona ya Nghiwewelwa (19), resident of
Omahenge village in the Ohangwena Region, some 35 kilometers north of Ondangwa, had to
receive medical treatment at St Mary’s Roman Catholic Hospital at the Oshikuku Settlement,
about 30 kilometers northwest of Oshakati. Paulus Nghifindwako (32), another RDP party
member and a resident of Onamutayi village in the Oshana Region had also sustained injuries
in the Outapi attack.421
2.10.2.2. Outapi Town Council Nixes RDP Rally
On October 28 2009, the Outapi Town Council nixed a mass RDP election gathering,
scheduled for Saturday, November 7 2009. Prior to the incident, a female source at the
Omusati Regional Council at Outapi had confidentially informed the human rights monitoring
advocacy organization that the Omusati Regional Council had made a decision in close
consultation with “a high authority to frustrate, as much as possible, RDP efforts to establish
any stronghold in the Omusati Region”. The RDP rally was nixed in favor of a “Workers Star
Rally” to be held by the Swapo Party-affiliated NUNW also slated for the same day,
November 7 2009.422
421
422
“Now Outapi Town Council Nixes RDP Rally”, Press Release, NSHR, October 30 2009
140
2.10.2.3. ‘I Hate RDP’ Activist Smashes RDP Vehicle
On November 1 2009, at Opuwo in the Kunene Region, a male Swapo Party activist who
shouted “I hate RDP” smashed the rear and then the left rear windows of a dark-blue Nissan
sedan, registration number N 739 OP. The vehicle belonged to RDP activist and Opuwo
resident Amon Kapi (44). At the time of the incident, the vehicle sported two big campaign
posters featuring RDP Presidential candidate HH.
The Swapo Party activist was identified as Pineas Shipiki Ekandjo who hailed from Outapi in
the Omusati Region. Ekandjo was immediately arrested by citizens and soon thereafter he
was handed over to members of the Opuwo Police. A criminal charge (CR 04/11/09) of
malicious damage to private property was registered against Ekandjo at the Opuwo Police
precinct.423
2.10.2.4. Swapo Party Man Knifes Girlfriend
On October 23 2009, a male Swapo party activist, a certain Shikulo ya Shikulo, resident of
the Mix Squatter Camp, 20 kilometers north of Windhoek, allegedly threatened to knife to
death his girlfriend, Pehehafo Moses (24), after she had joined RDP at the Camp. Ya Shikulo,
who was a street vendor at the Camp, also destroyed Moses’ RDP campaign materials. Moses
had threatened to lay a criminal charge of inchoate assault and malicious destruction of
property against ya Shikulo at the Wanaheda Police precinct. In a second incident of
intimidation, Erastus Sakeus (24) was evicted from his home by his uncle, a certain Iyambo ya
Moses, after the former formally joined RDP.424
2.10.2.5. SFF Father Evicts RDP Son
On October 23 2009, another RDP member, Lucky Simeon Shikongo (24), was evicted from
his home by his father because of RDP. Shikongo told human rights monitors that his father,
who is a Special Field Force (SFF) member since 1996, also set alight all Shikongo’s 4 RDP T-
423
424
141
shirts and caps as well as various campaign materials. Shikongo also accused his SFF father of
punching him in the face with a fist. Shikongo’s zinc-plate bedroom has also been dismantled
allegedly on the orders of his father.425
2.10.2.6. Swapo Party Man Assaults CoD Woman
On October 23 2009, a certain Ben, said to be a Swapo Party activist and businessman,
assaulted CoD activist Davida Ndahafa Kanamwene (21) over a CoD T-shirt. Kanamwene
sustained right eye and head injuries. A criminal case (Oshakati CR 3608/10/09) of assault
has been laid against Ben at the Oshakati Police precinct. Human rights monitors have
established that the suspect has since been arrested.426Meanwhile, on October 21 2009,
NSHR had reported that members of the Oshakati Police had nabbed (Oshakati CR
158/10/09) another alleged Swapo Party activist for seizing and then burning down a CoD
flag, also in the Upindi Township of Oshakati.427
2.10.2.7. Villagers Accuse Regional Councilor
On October 23 2009, residents of Elombe village, some 12 kilometers east of Oshakati in the
Oshana Region, told human rights monitors that they had foiled a plot by firebrand Swapo
Party Regional Councilor Fikameni Ekandjo to oust kindergarten teacher Ms. Kandjala
Ngenomesho at the village. On October 21-23 2009, Councilor Ekandjo “invited” villagers
and teachers as well as local village Headman Hailonga to an “extraordinary meeting” to be
held at the kindergarten. Prior to the meeting villagers bitterly complained at the local NSHR
office at Oshakati that Councilor Ekandjo was plotting to have Ms. Ngenomesho summarily
dismissed from her kindergarten on suspicion that she was an RDP member.428
425
426
“More Swapo Party violence and intimidation reported”, Press Release, NSHR, October 24 2009
427
“Police Nab Swapo Party Activist”, E-mail, NSHR, October 21 2009
428
“More Swapo Party violence and intimidation reported”, Press Release, NSHR, October 24 2009
142
2.10.2.8. RDP Campaigners Assaulted
On October 14 2009, a mob of Swapo Party supporters assaulted two (2) RDP house-to-
house elections campaigners at Oshaango village in the Ohangwena Region. Festus Ezra (22)
and Lucia “Katusha” Nangolo (26), both from Ondobe village, also in the Ohangwena Region,
told NSHR that they were assaulted while on a house-to-house campaign at the village. Ezra
and Nangolo told human rights defenders that a certain Kapembe instigated their attackers.
Reached by his mobile for his ‘side of the story’, Joseph Kapembe (33), who said he was “a
staunch” Swapo Party activist in the area, categorically denied the allegations. He, however,
said that “RADOPA” (i.e. derogatory reference to RDP) was not welcome in the area, as “they
have no supporters here because this is Swapo Party country”.429
2.10.2.9. Swapo Party Activist Brutalizes RDP Supporter
On October 13 2009, a male Swapo Party activist, whose name was made known, brutally
assaulted RDP supporter Wilhelm Lukas (24). Lukas, a resident of Epoli village, told field
human rights election monitors that, shortly before kicking him all over the body and assaulting
him with a fist on his left eye, the accused inter alia branded him “a traitor”. The incident
occurred at around 19h30 on October 13 2009, at the Ekango cuca shops, some 60
kilometers southwest of the town of Eenhana. The town is the regional capital of the
Ohangwena Region.430
2.10.2.10. TransNamib Purges GM over RDP Ties
On October 7 2009, Informanté reported that in a move seen as a political purge,

TransNamib Corporation boss Titus Haimbili axed General Manager for Marketing and Sales
Mike Kavekotora for featuring on RDP list. Informanté said that it was in possession of a memo
from Haimbili to all TransNamib General Managers and Acting General Managers informing
them that Kavekotora had resigned on September 25 2009. However, Kavekotora, who was
429
“RDP campaigners assaulted”, Press Release, NSHR, October 14 2009
430
“Yet another anti-“Radopa” violence reported”, Press Release, NSHR, October 15 2009
143
the Acting CEO of the transportation during Haimbili suspension on corruption allegations, has
vowed to fight what he described as “constructive dismissal tooth and nail”.431
2.10.2.11. Ithana Brands Lister ‘Big Snake’
October 3 2009, SWAPO Party Secretary General and Justice Minister Pendukeni Iivula-
Ithana branded The Namibian's editor Gwen Lister a "big snake in the country" and claimed
that Lister was a member of RDP. Ithana also charged that if there were to be a war in the
country, it would be because of Gwen Lister, “who is a white person and who always writes
bad things, especially about former President Sam Nujoma when he attacks white people”.432
2.10.2.12. Swapo Party Calls for RDP Sabotage
On September 26 2009, Swapo Party Oshikoto Region Coordinator, Armas Amukwiyu,

reportedly called upon the general public to sabotage the brick-making and retail business of
RDP supporter and Oshikoto Region businessman, David Ndungula (48). Amukwiyu, who was
speaking in his official capacity, made the call as he addressed a Swapo Party election rally
at Oshigambo village, some 20 kilometers north of Ondangwa. Education Minister, who
doubles as Swapo Party Deputy Secretary General Nangolo Mbumba, delivered the keynote
speech at the rally which was attended by approximately 250 people, mainly school
children.433
2.10.2.13. RDP Activist Called ‘Traitor’ and ‘Dog’
On June 22 2009, Swapo Party Regional Councilor for the Okatyali Constituency, Joseph
Mupetami, and several other Swapo Party leaders in the Oshikoto Region urgently held a
meeting at the Ondjamba village in order to prevent an election rally by RDP activists at the
village. Speaking at the said meeting Swapo Party District Coordinator, Sakeus Nuuyuni,
431
“TransNamib purge Kavekotora for RDP links”, Informanté, October 7 2009
432
433
“Swapo Party calls for Oshigambo business sabotage”, Press Release, NSHR, September 29 2009
144
publicly launched an attack on RDP Deputy Secretary for the Oshikoto Region, Sackeus Eden
Inyemba. Nuuyuni referred to Inyemba as “ombwa” (i.e.“a dog”), while Swapo Party
Councilor the Omuntele Constituency, Sackey Nangula, reportedly called Inyemba “epuli”(i.e.
“traitor”) that “must not be allowed to come to the cuca shops of Ondjamba and Onyoka
locations” to “confuse” the people. The village is located in the Omuntele Constituency of the
Oshikoto Region.434
2.10.2.14. Swapo Party Members Mob RDP Man
On April 14 2009, at Okuundu village in the Omuntele Constituency of the Oshikoto Region, a
mob of Swapo Party supporters assaulted RDP member Lazarus Johannes (25). Johannes told
NSHR that Honorable Sackey Nangula, who is Swapo Party Regional Councilor for the said
Constituency, first accused him of “wearing an RDP T-Shirt in my constituency” and then incited,
among others, his employees to assault Johannes. Johannes also told human rights defenders
that three Swapo Party activists, two males and an elderly woman, assaulted him with sticks
and bottles on the back and shoulders as well as on his left ear as “they tried to rip my T-shirt
off my body”.
When approached for comment to give his ‘side of the story’, Councilor Nangula first denied
any knowledge of the incident. However, when cornered he told human rights investigators
that he was after all aware of what he called “a provocative conduct” by an RDP member
who attended a Swapo Party rally at the said village and who had a knobkerrie and wore
an RDP T-shirt. Councilor Nangula was the main speaker at the rally. NSHR said it continued to
be “alarmed by the incessant incidents of political intolerance” in the country ahead of the
national elections scheduled for the year’s end.435
434
“NSHR condemns the ‘no-go zones’ strategy”, Press Release, NSHR, June 30 2009
435
145
2.10.2.15. Nujoma Promotes One-Partyism
On April 10 2009, The Southern Times weekly newspaper reported that former Swapo Party
President Sam Nujoma, who is also called “the Founding Father of the Namibian Nation” and
“the Leader of the Namibian Revolution”, claimed in an interview that his ruling Swapo Party
“is the only party” that must be respected by all citizens “as all Opposition parties in the
country will die a natural death”. Nujoma reportedly also said that there was “nothing wrong”
with a one party system if that was what the Namibian people had decided upon.
Nujoma’s version of democracy was a far cry from his successor’s (President Pohamba’s)
understanding of multiparty democracy as guaranteed under NC. In his State of the Nation
address on April 15 2009 President Pohamba repeatedly called for political tolerance in the
country “ahead of the National Assembly and Presidential elections billed for November
2009”. Phamba urged all political parties in the country, including his own Swapo Party, “not
to force or intimidate anyone through inter alia violence or hate expression”. “Rather”, said
Pohamba, “politicians must encourage citizens to freely choose their own leaders”. He called
for “the respect of the rule of law and the promotion of peace as well as stability especially
during the months preceding the elections”. Pohamba also reminded the nation about “the
urgent need to mould a new society based on the pillars of democratic governance and
respect for human rights as enshrined in the constitution”.
Reacting to the Nujoma utterances, NSHR said it was “deeply alarmed by the intolerant
remarks attributed to former Namibian and Swapo Party President Sam Nujoma at the
weekend”. NSHR added that it feared that political intolerance shown by leading
personalities in the society “such as the Founding Father of the Namibian Nation, constitute
undue influences with negative cumulative impact on free and fair elections” in the country.436
2.10.2.16. Swapo Party Regional Councilor Suspended
On February 26 2009, NSHR revealed in a Press Release that Swapo Party’s Regional
Councilor for Windhoek’s Moses Garoeb’s Constituency Helena Andreas had been barred
436
146
from participating in any activities in the name and or on behalf of the ruling party on
suspicion of RDP links. Citing “reliable sources” within the Swapo Party’s Khomas Regional
Executive Committee, the human rights monitoring organization said it was concerned about
“Stalinist pogroms” occurring within the ruling party. NSHR also said that it did not auger well
for the right to freedoms of conscience, expression and opinion as well as freedom of
association.437
2.10.2.17. Swapo Party Issue Ultimatum
On February 25 2006, the Afrikaans language daily newspaper, Republikein, reported that
“a sophisticated cell phone campaign” and “an ultimatum” were being enlisted to pressurize
seven senior GoN Ministers and other officials into “publicly declaring their allegiance to the
Swapo Party within 14 days or face summary axing”. The campaign, which targeted ethnic
Kwanyama and suspected RDP sympathizers, was reportedly spearheaded by SPYL and
NUNW leaders. However, SPYL Secretary Elijah Ngurare reportedly denied his organization’s
involvement in the alleged campaign and or in the issuance of an ultimatum.438
NSHR executive director Phil ya Nangoloh said in an NSHR Press Release on February 26
2009 that “we are deeply disturbed that these Stalinist pogroms infringe on the inviolable
freedoms of opinion, conscience and thought as guaranteed under Article 21(1) read with
Article 24 (3) of the Namibian Constitution”.439Since the formation of RDP on November 17
2007, President Lucas Pohamba and many respected individual political, traditional and
church leaders have strongly warned against deep-rooted political intolerance in the country.
2.10.2.18. Swapo Party Axes City Councilors
On February 25 and 26 2009, Swapo Party summarily removed four of its councilors from
the City of Windhoek on suspicion they were RDP ‘hibernators’. Aldermen Matheus Shikongo
(who is the Mayor) and Bjorn von Finckestein as well as Alderwomen Linea Shaetonhodi and
437
“Now intolerance plague Windhoek Council”, Press Release, NSHR, February 26 2009
438
439
147
Hileni Ilonga were instantaneously axed form their posts at the City Council for “constitutional
misconduct” after they were accused of being RDP sympathizers.
However, following mounting pressure from certain high-ranking Swapo Party officials, the
Swapo Party Khomas Regional Executive Committee on February 27 2009 made a U-turn
and decided to reinstate the four in their posts. Party insiders said that “whole cleansing
exercise was being engineered by those close to former President Sam Nujoma.” Sources also
said that the dramatic purge would “soon continue at several towns in the South such as
Keetmanshoop, Mariental and Rehoboth as well as Helao Nafidi and Oshakati”. All those
being booted have been accused of being RDP “hibernators”.440
2.10.2.19. Hardap Governor Incites Violence
On February 19 2009, local NBC TV evening news reported that firebrand Swapo Party’s
Hardap Governor Hanse-Himarwa had urged her party’s supporters to “never allow any
political party, or any enemy, in any form, or any nature, or any shape and or any color to
invade this territory, which we have declared a Swapo Party territory”. Governor Hanse-
Himarwa reportedly made the remarks while addressing a party rally held at Gochas village,
some 120 kilometers east of Mariental.
In a Press Release issued on February 22 2009, NSHR condemned “the violent and inciteful
utterances committed last week by the ruling Swapo Party’s firebrand Hardap Governor, Ms.
Katrina Hanse-Himarwa”. The country’s leading human rights organization said it was deeply
concerned about “the conflicting political messages emanating from the Swapo Party
leadership” and urged inter alia the Swapo Party leadership, NamPol and in particular ECN
“not only to view Ms. Hanse-Himarwa’s violent utterances in a very serious light, but also that
these State institutions must take drastic appropriate steps against Governor Hanse-Himarwa
in accordance with their respective constitutional and legal mandates”.441
440
“’Political cleansing’ gaining momentum”, The Namibian online, Monday, March 2 2009
441
“Hardap Governor incites violence”, Press Release, NSHR, February 22 2009
148
The NBC TV News report about Governor Hanse-Himarwa’s intolerant expressions came less
than three days after President Lucas Pohamba earnestly appealed for political tolerance
and for a violence-free Electoral Campaign 2009. Pohamba made the appeal as he
addressed the opening of the 9th session of the 4th Parliament.
2.10.2.20. Swapo Party SG Suspends Swartz
On February 19 2009, Swapo Party Secretary General Pendukeni Iivula-Ithana reportedly

axed Swapo Party Rehoboth East Branch Coordinator Willie Swartz from his post over RDP
links and indiscipline. The incident reportedly occurred during a branch executive meeting held
at Rehoboth. Mme Iivula-Ithana reportedly acted on a recommendation by the Swapo Party
Politburo made after a physical altercation between Swartz and firebrand Swapo Party
Hardap Governor Katrina Hanse-Himarwa during a party executive meeting at Rehoboth in
2008. Swartz is barred from participating in any Swapo Party activities for the next five
years.442
2.10.2.21. Alderman King Mandume Axed
On February 16 2009, the Swapo Party Walvis Bay District Executive Committee withdrew
Alderman King Mandume Muatunga from the Walvis Bay town council “with immediate
effect”. King Mandume and Walvis Bay Swapo Party District Secretary Loth Vatilifa were
accused of RDP links and indiscipline. For 11 years prior to his axing King Mandume had been
Walvis Bay Mayor. Sources told NSHR that the decision to suspend King Mandume and
Vatilifa was made on Jaunary 8 2009. Mandume’s and Vatilifa’s suspension letter inter alia
required them to publicly clear their names and declared their allegiance to the Swapo
Party.443
442
“Swapo boots three officials”, The Namibian online, February 24 2009
443
“Now intolerance plagues Windhoek Council, Press Release, NSHR, February 26 2009 and “Swapo boots
three officials”, The Namibian online, February 24 2009
149
2.10.2.22. Swapo Party Supporters Attack RDP
On February 7 2009, a group of about 12 Swapo Party supporters, one of them armed with
a semi-automatic Pistolet Makarova, attacked a group of 4 RDP activists at Onyaanya village
in the Oshikoto Region. When the attack took place, the RDP group was traveling from
Nkumbala village, also in the Oshikoto Region, where they attended a party election rally.444
2.10.2.23. Ekandjo Calls for Kandetu’s Axing
On February 3 2009, Swapo Party Secretary for Information and Mobilization called for the
sacking of the NBC DG Bob Kandetu after an RDP flag was shown on the screen after
President Lucas Pohamba’s New Year’s message. However, Kandetu’s axing followed months
of Pro-Swapo Party media allegations that he was a confidant of RDP President HH. State-
owned but pro-Swapo Party New Era newspaper reported that the NBC Board of Directors
had accused Kandetu of incompetence and lack of performance as the reasons for his
axing.445
2.10.2.24. GoN Axes NBC DG Over RDP
On February 2 2009, MICT Minister Joel Kaapanda summarily axed NBC DG Bob Kandetu
ostensibly over Kandetu’s alleged RDP links. Prominent Swapo Party politicians have been
calling for his axing following the incident, insisting that he should be held personally
accountable, hence drastic action needed to be taken against him. Kandetu’s axing followed
a protracted campaign to have him axed dating back to 2007. This campaign reached an
apex after NBC aired an RDP flag soon after President Pohamba’s traditional New Year
message.
444
“Another violent incident by Nujoma supporters”, Press Release, NSHR, February 9 2009
445
“CALL ON SWAPO PARTY GOVERNMENT TO ACT AGAINST ACTIVE RDP MEMBERS AND
CULPRITS AT NBC INVOLVED IN DISPLAYING RDP FLAG BEHING COMRADE PRESIDENT
DURING DELIVERY OF NEW YEAR’S MESSAGE”, Press Release, Swapo Party, January 8 2009
150
Before his axing, Kandetu was accused of an assortment of offenses such as incompetence,
lack of leadership, maladministration and mismanagement as well as numerous
irregularities.446Previous attempts by Swapo Party activists to have him removed had proved
futile. In a media statement issued on February 4 2009, Kandetu dismissed the accusations
leveled against him and described his axing as “victimization”.447
2.10.2.25. Swapo Party Supporters March on RDP
On January 11 2009, a group of some angry 70 Swapo Party members traveling in about 8
vehicles and shouting incendiary harangues marched to the residences of RDP supporters, viz.
Julia Jooste (43), Linea Shikongo (48) and Suama Kapweya (c 48) in Ruacana’s Oshifo
Township and attempted to forcibly enter the said residences. However, a contingent of about
10 NamPol members prevented the marchers from entering RDP residences.
Led by, among others, Rebekka Shilongo and certain Kanyanda, Chuku and Mbwale as well
as Eilo, the Swapo Party activists singing praises for former Namibian President Sam Nujoma
shouted provocative epithets, such as “We have cut Hidipo’s Tail off” and “Dogs of Hidipo
Hamutenya”. “Hidipo” and “Hidipo Hamutenya” are direct references to RDP President
Hidipo Hamutenya (HH).448
2.10.2.26. MoE Minister Abuses Position
On January 10 2009, Deputy Swapo Party Secretary General Nangolo Mbumba, who is also
doubling as the Education Minister, “warned” teachers and other public servants “not to attend
the meetings” of RDP. Speaking at a Swapo Party rally held at the town of Helao Nafidi in
the Ohangwena Region Minister Mbumba accused certain teachers of inter alia telling learners
to join RDP and teaching children how to overthrow the Swapo Party government, which is ‘the
hand that feeds you’. He warned that those teachers who encouraged their learners to join
RDP should to stop doing so or face dismissal.
446
“NBC Fires Kandetu”, New Era online, February 3 2009
447
Media statement by axed NBC Director General Bob Vezera Kandetu, February 4 2009
448
151
Ironically, Mbumba was speaking in front of several thousand school children and teachers as
well as other civil servants who were compelled to attend the Swapo Party political rally
especially Ohangwena Regional Governor and Swapo Party Central Committee Member
Usko Nghaamwa.
Reacting to Minister Mbumba’s utterances, NSHR accused Mbumba of flagrantly abusing his
position to engage in cheap politics for personal political gain. The human rights organization
also pointed out that in terms of Articles 17 and 21(1) (e) of NC, the right of very Namibian
citizen to form and or join any peaceful political parties and or associations of their choice
with a view to influence the composition and or policies of Government is absolute and cannot
be derogated from by anyone.
NSHR also said that to influence the composition and or policies of Government includes
peacefully and democratically overthrowing the current regime and installing an entirely new
one with or without Mbumba. NSHR also reminded Mbumba that, in terms of Article 18 of NC,
administrative officials are under the obligation to act fairly, reasonably and treat everyone
equally as contemplated under Article 10 of the same Constitution.449
2.10.2.27. Swapo Party Call for Kandetu Axing
On January 8 2009, Swapo Party called upon “Swapo Party Government” to summarily ax
NBC DG Bob Kandetu. In a Press Release Swapo Party said it “condemns in the strongest
possible terms deliberate and flagrant violation of journalistic ethics and necked abuse of the
Namibian Broadcasting Corporation (NBC) to advance political agenda and interest of the
RDP [sic!]”. Swapo Party Secretary for Information and Mobilization Jerry Ekandjo said his
party “emphasizes its displeasure over the placement of RDP flag behind Comrade President
and cannot but interpret this scandalous incident as well orchestrated to defame Comrade
President, the SWAPO Party and her government”. Ekandjo said “the blame for the
appearance of the RDP flag is directed and laid squarely at the feet of Bob Kandetu,
Director General of NBC, who cannot escape being an accomplice, either directly or
indirectly, to the deed”.
449
“Minister Mbumba abuses position”, Press Release, NSHR, January 14 2009
152
Ekandjo claimed that “Kandetu has been vividly and openly placating himself as a torch
bearer of RDP” and was “well known to be an active member of RDP”. He also claimed that
had Kandetu served as the campaign manager of RDP President HH at the 2004 Swapo
Party Congress and was loud to call Hamutenya a “presidential material” who was coming
back to politics “with a big bang when Hamutenya re-entered Parliament to replace
Comrade Paulus Kapia”. Kandetu’s preoccupation at NBC, claimed Ekkandjo, has been but
partisan and ensuring that NBC is littered with the likes of RDP members, collaborators,
supporters and sympathizers to drive and serve his party’s interests”.450
2.10.3. FREEDOM OF ASSEMBLY
“Freedom of assembly” refers to the right of people to come together and collectively
express, promote, pursue and defend common interests peaceably. NC and other human
rights laws provide for the right of everyone to freedom of peaceable assembly.451However,
several incidents and or situations amounting to blatant denial of this right occurred during the
period under consideration, including:
2.10.3.1. Swapo Party Activists Disrupt RDP Rally
On November 1 2009, at the Okongo Settlement in the Ohangwana Region a group of

between 30 and 50 boisterous Swapo Party supporters carrying various items in blue-red-
green colors and singing praises for former Swapo Party President Sam Nujoma attempted
to disrupt an RDP rally held at that Settlement.
However, the tentative disruption of the RDP rally failed after NamPol members from the
Okongo Police precinct timely intervened.452
450
“Call on Swapo Party government to act against active RDP members and culprits at NBC involved in
displaying RDP flag behing Comrade President during delivery of new year’s message”, Press Release, Swapo
Party, January 8 2009
451
Articles 21(1) (d) and 20(1) and 22 of NC, UDHR and ICCPR, respectively
452
153
2.10.3.2. Police Teargas ‘Struggle Kids’
On May 1 2009, NamPol members used teargas to disperse approximately 500 unemployed
"Children of the Liberation Struggle" after they had occupied Okandjengedi Bridge at
Oshakati to press for jobs and educational opportunities. The move brought traffic to a halt
and NamPol members had to use teargas to disperse the largely peaceful demonstrators. The
demonstrators had demanded to speak to President Lucas Pohamba to discuss their demands
for employment. Six (6) of the demonstrators were hospitalized as a result of their injuries.453
2.10.3.3. Swapo Party Supporter Surround RDP
On February 8 2009, human rights monitors witnessed a violent act of provocation directed at
RDP activists by a group of Nujoma supporters. RDP supporters assembled in the Havana
settlement of Windhoek in order to set up structures of their party when a group of some 100
Swapo Party activists singing praises for former Namibian President Sam Nujoma converged
on the venue where the RDP group had assembled and sang: “Down Nyamu!”, “Down Hidipo!”
and “We have our Sam”. Furthermore, as RDP supporters were returning to their homes after
the meeting, Nujoma supporters charged at them with stones. The stone throwers only
dispersed after a small contingent of NamPol officers fired several warning shots in the air in
order to restore law and order.
The incident prompted NSHR executive director Phil ya Nangoloh to point out that “the
integrity of any democratic electoral process is inextricably connected to freedom of speech,
assembly, association and movement, and, most of all, freedom from fear for all stakeholders,
including any political parties and candidates” Ya Nangoloh warned that “unless electoral
violence is curbed now, there is no way a truly impartial Electoral Commission of Namibia
could, at the end of the day, declare a free and fair election after a vicious campaign of
hate speech, provocative acts, and other forms of politically motivated violence”. NSHR called
453
“Internal monitoring reports, NSHR, May 1 2009 and “’Sturggel kids’ take bridge, teargassed by Police”, The
Namibian online, May 5 2009
154
upon ECN to consider “disqualifying any political party, ruling or Opposition, which
deliberately and defiantly violates the Code of Conduct for Political Parties”.454
2.10.3.4. Swapo Party Supporters Block RDP
On February 8 2009 RDP Deputy Youth League Secretary Sam Hamunyela laid a charge of
attempted murder after a Swapo Party member allegedly fired shots at him and held a gun
to his head during a fistfight at Onyaanya village on February 7 2009. On the same day a
group of about 50 potentially violent Swapo Party members, singing praises for former
Namibian President Sam Nujoma, tried in vain to prevent an RDP motorcade from entering
Nkumbula village, in the Oshikoto Region, before NamPol members stopped them. Swapo
Party Regional Councilor for Eengodi Constituency Valde Shejavali allegedly led the Swapo
Party group, which waited the RDP convoy some five kilometers outside the village.
Hamunyela told human rights monitors that Councilor Sheyavali personally drove around the
RDP branch rally meeting in his red 4 x 4 Toyota LDV “hooting loudly and trying to disturb
our meeting.”
On February 8 2009, NamPol’s Oshana Regional Commander Deputy Commissioner

Ndahangwapo Kashihakumwa reportedly confirmed the pistol incident and also confirmed the
criminal case (register number CR 42/02/2009) against Hamunyela’s Swapo Party
assailant.455
2.10.3.5. Education Minister Nixes RDP Meet
On December 4 2008, MoE Minister Nangolo Mbumba tried to abuse his position and
authority to prevent RDP from holding their convention at the Windhoek College of Education
(WCE) but the High Court stopped him and others from implementing his unconstitutional and
illegal obstruction.456On December 5 2008, RDP won a High Court victory after its lawyers
454
“Another violent incident by Nujoma supporters”, Press Release, NSHR, February 9 2009 and “Swapo crowd
holds RDP meeting hostage”, The Namibian online, February 10 2009
455
“Political violence in North Attempted murder charge laid against Swapo man”, The Namibian online,
February 9 2009
456
“RDP kicked out of its planned congress venue”, The Namibian online, December 5 2008
155
filed an urgent application to keep WCE as venue for the party congress. The move came
within three days after MoE canceled RDP’s booking at short notice.
On December 4 2008, RDP head office received a phone call from WCE official canceling
the booked and paid venue. The WCE official was acting at the instruction of MoE State
Secretary Vitalis Ankama. No reasons were given the sudden cancellation and when RDP
requested MoE’s cancellation decision in writing, this was refused.457
2.10.4. FREEDOM OF MOVEMENT
“Freedom of movement” or mobility rights or the right to travel refers to the right of every
citizen or resident, without distinction of any kind, such as race, color, sex, sexual orientation,
age, disability, language, religion, political or other opinion, national or social origin,
property, birth or other status, to leave and return to the country as guaranteed under NC,
UDHR and ICCPR.458This includes the freedom of everyone to travel extraterritorially
wherever he or she is welcome, and, with proper documentation, return to the country at any
time. In addition, this freedom also includes the right of everyone to travel to, reside and
settle in, and or to work in, any part of the country where he or she wishes without interference
but within the legal framework.
The denial of the right of persons to freedom of movement within national and international
borders can have profound effects upon other basic human rights also outlined in UDHR and
other human rights treaties. Without the right to leave ones home, an individual may be
politically repressed, prevented from observing his or her chosen religion, prevented from
enjoying the basic right to marriage or family life, or blocked from a job or an education that
ultimately could enhance his or her quality of life.
Thus, while free movement may seem on the surface to be a fairly minor and obvious human
right, it actually is one of the most basic rights that in many nations around the world, when
violated, it causes numerous problems and cases of suffering. During the period under
457
“Namibia: Opposition wins right to hold congress at WCE”, The Namibian online, December 8 2008
458
Article 21(1)(g),(h) and (i) of NC and Article 13 of UDHR and Article 12 of ICCPR
156
consideration there were incidents constituting or amounting to violations of the right to
freedom of movement, including:
2.10.4.1. Swapo Party Activists Stop CoD Campaign
On November 8 2009, close to 100 Oshiwambo-speaking Swapo Party supporters mobbed

a group of about 30 CoD election campaigners. The Swapo Party activists, singing praises for
former Namibian President Sam Nujoma, seized and or destroyed at least 4 small CoD flags.
The incident occurred between 12h00 and 12h00 at the Aussenkehr Settlement in the Karas
Region. The Swapo Party supporters also prevented the CoD activists from campaigning any
further at the Settlement.
CoD National Assembly Candidate Elma Dienda (44), who led the CoD expedition, told NSHR
that Swapo Party supporters had told CoD activists that Aussenkehr and other places in the
deep South were ‘no go areas’ to other parties. Dienda had laid several charges of
intimidation and obstruction as well as malicious destruction of property at the Aussenkehr
Police precinct.459
2.10.4.2. Swapo Party Supporters Mob RDP Convoy
On November 8 2009, NamPol members had to use rubber batons to prevent close to 200
Swapo Party members from obstructing an election rally by RDP from taking place at the
town of Outapi, in the Omusati Region. However, soon after the end of the RDP rally and
despite the presence of a large contingent of NamPol members, between 500 and 700
Swapo Party supporters attacked the convoys of RDP rally goers as they left Outapi town.
The attackers used stones and various objects in the attack. In the process, several RDP
supporters and members of the media as well as Police officers sustained injuries to the legs
and heads.460
459
460
“Violence Rocks Outapi”, The Namibian online, November 12 2009 and “Swapo Party Sows Seeds of
Conflict and Instability”, Press Release, NSHR, November 9 2009
157
2.10.4.3. Swapo Party Sieges RDP Group
On November 5 2009, a highly provocative and angry mob of approximately 100

Oshiwambo-speaking Swapo Party supporters laid siege to a group of RDP election
campaigners at the town of Grootfontein in the Otjozondjupa Region. A defiant RDP Khomas
Region Women’s League Secretary for Information and Mobilization, Martha “Kaptein”
Hendjala (47), told human rights monitors that the Swapo Party supporters had seized several
RDP electoral campaign posters and had also broken an RDP table. The Swapo Party group
also hurled insults and other incendiary epithets at the RDP party.461
2.10.4.4. Swapo Party at Okahao Mobs RDP
On November 4 2009, Swapo Party supporters laid siege to a group of 19 RDP elections
campaigners at the town of Okahao in the heartland of the Omusati Region. The RDP group,
under the leadership of Nicanor Ndjoze (30), was just about to start its house-to-house
electoral campaign at the town when a large swarm of between 700 and 900 violent school
children descended on the RDP party and rained it with stones. The mob stoned the RDP team
for about 15 minutes next to the Miami Mobile shebeen and the windscreen on one of the
three RDP vehicles was damaged. At least one RDP member has been injured.
The school children, who stormed out from the nearby Nangombe Combined School appeared
to have been instigated by someone as some of them shouted “decapitate Ndjoze” referring
to Ndjoze, the close to 1.9m RDP youth leader. The Swapo Party has constructively declared
the Omusati Region as a ‘no go area’ for other political parties taking part in the increasingly
violence-ridden electoral process. About 9 mainly female NamPol members tried in vain to
intervene but they were told that Okahao is ‘no go area’ for RDP.462
Okahao is birth place of former Namibian President Sam Nujoma, who at a Swapo Party
election rally held at Ongwediva on September 19 2009, had angrily blamed Western
countries for the existence of Opposition parties on the African continent.
461
“Yet another RDP siege”, Press Release, NSHR, November 5 2009
462
“Now RDP under siege at Okahao”, Press Release, NSHR, November 4 2009
158
2.10.4.5. Swapo Party Blocks RDP in Mix Camp
On Saturday October 31 2009, a group of five (5) Swapo Party activists attempted to lay a
siege to two (2) of a group of 30 RDP house-to-house campaigners at the Mix Squatter
Camp, some 20 kilometers north of Windhoek. In an apparent attempt to block the passage
of an RDP house-to-house party, Swapo Party activists placed an old tire in the road. Even
after the highly tolerant RDP campaigners left the impoverished Squatter Camp, the Swapo
Party provokers chased after them for about six kilometers up to Okahandja Park Informal
Settlement. They were traveling in a Toyota Conquest with the registration number N
35608W. The Swapo Party provokers only ran away after RDP activists, traveling in seven
vehicles, threatened “to deal” with them.463
2.10.4.6. Violent Swapo Party Mob Block RDP
On October 28 2009, at the village of Onesi in the Omusati Region, a potentially violent mob
of some 170 Swapo Party obstructionists--led by unidentified persons traveling in three
private vehicles with registration numbers N 2054 UP, N2870 SH and N474 UP--allegedly
blocked a group of 22 RDP supporters on a house-to-house election campaign at Onesi
village in the Omusati Region. The Swapo Party supporters sang praises for former Namibian
President Sam Nujoma during the incident. A woman, who is said to be a member of the
Swapo Party group, threatened to set an RDP vehicle alight. The two groups were separated
by a group of 6 NamPol members at the village.464
2.10.4.7. Swapo Party Members Surround RDP
On October 27 2009, a mob of about 200 Swapo Party supporters surrounded a group of
14 RDP activists at the town of Outapi. Shortly prior to the siege, three unidentified hammer-
toting male Swapo Party members had blocked the RDP activists for about 15 minutes and
threatened to “hammer” both the RDP campaigners and their vehicle supposedly because they
have entered the town “without a mandate”. The incident occurred at the Yellow Complex at
463
464
“Breaking News: Another Swapo Party Obstruction: Omusati Is ‘No Go Area’”, Press Release, October 28
2009
159
the town. RDP youth leader Nicanor Ndjoze (30) told NSHR that the three potential attackers
traveled in a yellow 2.7 liter Toyota 4 x 4 LDV, with registration number N 74 UP.465
2.10.4.8. Swapo Party Supporters Block RDP
On October 23 2009, several Swapo Party activists at the Mix Squatter Camp led by a
certain Sakeus Aipanda, who claimed to be the Secretary of Mix Camp Residents Committee,
blocked RDP campaigners from entering the Camp. The Swapo Party activists claimed that the
Camp was a ‘no go area’ for Opposition parties. Although a group of ten Police officers
arrived from Windhoek and tried to explain to the Swapo Party activists that blocking other
parties from campaigning anywhere was illegal in terms of the Electoral Act 1992 (Act 24 of
1992) as well as the Code of Conduct for Political Parties, the Swapo Party activists would
not budge. The RDP team had to withdraw in order to avoid a violent confrontation.466
2.10.4.9. Swapo Party Councilor Declares ‘No-Go’ Area
On June 30 2009, on popular NBC Oshiwambo Service’s official messages program Swapo
Party Regional Councilor for Okatyali Constituency in the Oshana Region, Josef Mupetami,
announced that, “there are now some designated areas for other political parties’ meetings in
Okatyali Constituency and that it is only the Swapo party which is free to hold its political
meetings anywhere”. Referring to the announcement in Press Release issued on June 30 2009,
NSHR condemned “the continuous attempts by certain Swapo Party leaders in the northern
part of the country to declare some areas as “no-go zones” for Opposition political
parties”.467
465
“Breaking News: RDP team under siege at Outapi”, Press Release, NSHR, October 27 2009 and “Political
tensions flare”, The Namibian online, October 28 2009
466
467
“NSHR condemns the ‘no-go zones’ strategy”, Press Release, NSHR, June 30 2009
160
2.10.5. FREEDOM OF RELIGION
Both NC and ICCPR guarantee the right of everyone to freedom of thought, conscience and
religion.468This freedom may not be suspended even during a state of emergency, national
defense or martial law. There were no known attacks on the freedom of religion during the
reporting period. Both NC and ICCPR guarantee the right of everyone to freedom of thought,
conscience and religion.469This freedom may not be suspended even during a state of
emergency, national defense or martial law. There were several attacks on the freedom of
religion during the reporting period, including:
2.10.5.1. Nujoma Targets ‘New Churches’
On or around May 23 2009 former Namibian President Sam Nujoma furiously attacked some
Pentecostal churches and accused them of being “false churches” that are out to “disturb
peace and stability” and of “misguiding the people”. Nujoma made the remarks as he spoke
at a Swapo Party rally held at Helao Nafidi town in the Ohangwena Region.470
2.10.5.2. Nujoma Aims at DELK
On June 14 2009, former Namibian President Dr. Sam Nujoma threatened violence against a
faith-based organization (FBO) in the country and angrily singled out the Deutsche
Evangelische Lutherische Kirche in Namibia (DELK). Nujoma accused this FBO of inter alia
“having collaborated with the enemy prior to Namibian independence and possibly still
remaining an enemy.”
Referring to DELK Nujoma said furiously: “We are only tolerating them. But if they don’t
behave, we will attack them. And even if they go and call their fellow whites from Germany
and so on to come to their defense, we will shoot them in the heads.” Nujoma was addressing
468
Articles 19 and 21(1)(b) and (c) of NC as well as Article 18 of ICCPR
469
Articles 19 and 21(1)(b) and (c) of NC as well as Article 18 of ICCPR
470
Angolans” The Namibian online, May 26 2009
161
a Swapo Party election rally at Onheleiwa village near the town of Ongwediva when he
made the inflammatory remarks.471
3. RIGHT TO COMMUNITY SECURITY
“Community security” refers to the protection of minority and or other traditional communities
from sectarian and ethnic violence. Both NC472and ICCPR473and several other international
human rights treaties which GoN has ratified, such as the Rome Statute of the ICC and the UN
anti-Genocide Convention of 1948, guarantee the protection of especially communities
against sectarian and or racial violence.
Furthermore, ICCPR strictly prohibits any propaganda for war and any advocacy of national,
racial or religious hatred that constitutes incitement to discrimination, hostility or violence.
internal or external to the State concerned.474
However, NSHR remains concerned that certain furtive as well as unfair actions and or
inactions by GoN have continued to create conditions for the exacerbation of the hitherto
existing inter-ethnic and intra-ethnic tensions and or for the emergence of altogether new
ones. Speaking at the 12th Annual Meeting of the Council of Traditional Leaders (CTL) in
Windhoek on December 7 2009, President Pohamba expressed concern about the
proliferation of traditional authorities in the country and cautioned that such situation can lead
to fragmentation and disunity among the citizens if recognition of more traditional authorities
is approved without proper consideration.475As the period under review ended, there were
471
“Nujoma not making friends”, Republikein online, June 26 2009 and Nujoma: Kerke loop weer deur”,
Republikein online, June 17 2009
472
Articles 10, 19 and 66 of NC
473
Articles 2, 18 and 27 of ICCPR
474
475
“Mushrooming of traditional authorities irks Pohamba”, New Era online, December 8 2009
162
altogether 49 recognized traditional authorities in the country while dozens more were
seeking recognition as independent traditional authorities.476
Following its 73rd session held in Geneva between July 28 and August 15 2008, CERD
expressed concern about GoN failure to provide sufficient information on the criteria used to
recognize certain traditional leaders while withholding such recognition to others. Hence, CERD
also requested GoN to provide it with detailed information on the criteria used to recognize
traditional leaders and urged GoN to ensure that the criteria used for the recognition of
traditional leaders under the Traditional Authorities Act 2001 (Act 17 of 2001) are objective
and fair and, further, that the application process is monitored by an independent body
charged with assessing the legitimacy of applications for recognition by indigenous groups.477
As the period under review ended, NSHR remained concerned about seven (7) instances of
grave threats to the right to cultural, economic and physical security of several traditional and
minority communities throughout the country.
4. CPR VIOLATION INDICATORS 2009
As described in greater details under Chapter II (B), above, several threats to the right to
political security have occurred during the period under review. Below are statistical graphics
on the state of the right to political and community security in the country between October
2008 and December 2009. These graphics reflect the various cases of human rights violations,
including summary executions, other killings, torture, arbitrary deprivation of liberty, abuse of
power and exile, disappearances and disrespect for the rule of law, discrimination and
deprivation of fundamental freedoms:
476
“Mushrooming of traditional authorities irks Pohamba”, New Era online, December 8 2009
477
“UN censures GoN over race treaty”, Press Release, NSHR, August 20 2008, “UN lambastes the country for
discrimination”, The Namibian online, August 21 2008 and “Namibia: UN lambastes the country for
discrimination”, http://www.afrika.no/Detailed/16990.html
163
40
35
30 19 9 9
2000
25 2001
2002
2003
20 2004
2005
15 2006
2007
2008
10 2009
5
0
Summary Executions or Threats of Execution
30
25
1999
20 2000
2001
2002
2003
15 2004
2005
2006
2007
10 2008
2009
0 Other Killings Or Threats of Killing
164
20
18
16
1999
14 2000
2001
12 2002
2003
10 2004
2005
8 2006
2007
6 2008
2009
4
2
0
Torture & Other Inhuman Treatment
14
12
10
8 2005
2006
2007
6 2008
2009
0
Arbitrary Deprivation of Liberty
165
30
25
20 1999
2000
2001
2002
15 2003
2004
2005
2006
2007
10 2008
2009
0
Abuse of Power & Exile
12
10 1999
2000
2001
8
2002
2003
6 2004
2005
4 2006
2007
2 2008
2009
0
Freedom Enforced Disappearances
166
3
2.5
2 1999
2000
2001
2002
1.5 2003
2004
2005
2006
1 2007
2008
2009
0.5
Right to Privacy
18
16
14
12
2003
2004
10 2005
2006
8 2007
2008
6 2009
0
Disrespect for the Rule of Law - Corrupt Practices
167
30
25
1999
20 2000
2001
2002
2003
15 2004
2005
2006
10 2007
2008
2009
0
Disrespect for the Rule of Law - Right To Fair & Public Trial
35
30
25
19 9 9
2000
2001
20 2002
2003
2004
15 2005
2006
2007
2008
10 2009
0
Freedom from Discrimination
168
60
50
40 1999
2000
2001
2002
30 2003
2004
2005
20 2006
2007
2008
2009
10
0
Freedom of Opinion & Expression
40
35
30 1999
2000
25 2001
2002
2003
20 2004
2005
15 2006
2007
2008
10 2009
0
Freedom of Association
169
5
4.5
4
1999
3.5 2000
2001
3 2002
2003
2.5 2004
2005
2 2006
2007
1.5 2008
1 2009
0.5
0
Freedom of Assembly
9
8
7
1999
6 2000
2001
2002
5 2003
2004
4 2005
2006
3 2007
2008
2009
2
1
0
Freedom of Movement
170
7
5 1999
2000
2001
4 2002
2003
2004
3 2005
2006
2007
2 2008
2009
0
Freedom of Religion
III. NSHR ACTIVITY IMPACT INDICATORS 2009
In addition to its proactive human rights monitoring operations referred to under Chapters II,
supra, NSHR also carried out several other human rights activities in support of
democratization. These included gathering and dissemination of human rights information,
advocacy and mobilization of public opinions that are central to NSHR’s mission statement.
These activities included civic education programs and training as well as the rendering of
vital services to the various categories of NSHR’s beneficiaries. In order to monitor and
evaluate the impact of these services, NSHR has developed its own impact monitoring tools
and indicators, including:
171
1. VISITORS’ REGISTER DATABASE (VRD)
VRD is a counter which tracks the number of people visiting NSHR offices during the period
under consideration as well as the reason given for the visit and who referred the visitor to
NSHR. During the period under consideration, a total of 13 447 people visited in persona the
Organization’s Head Office in Windhoek and the six RMOs in the Caprivi, Hardap, Kavango,
Kunene, Ohangwena and Oshana regions of the country [vide Fig.1.1 Combined VRD
Reference Table, infra].
This figure, which is by 341 persons less than the 13 788 people that had passed through
NSHR’s doors during the previous period of reporting, is attributed to inter alia the closure of
the Organization’s Oshakati RMO for at least three months due to heavy flooding in the
Cuvelai delta basin. Another slightly more than 4 800 citizens and non-citizens alike phoned
NSHR offices nationally for legal and other advice about their rights and responsibilities.
OFFICES MEDIA FRIENDS STAFF SUMMONS POLICE FLAGS OTHERS TOTAL

MEMBERS
HEAD
OFFICE 768 2 693 199 191 16 2 141 4 010
CAPRIVI
RMO 389 551 90 0 0 0 1 1 031
EENHANA
CEAC 29 1 223 245 137 225 9 4 1 872
MARIENTAL
RMO 36 2 296 24 122 2 4 0 2 484
OSHAKATI
RMO 139 685 103 137 42 0 24 1 130
OPUWO
RMO 6 1 738 21 31 1 0 10 1 807
RUNDU
RMO 237 746 107 19 3 0 1 1 113
TOTAL 1 604 9 932 789 637 289 15 181 13 447
Fig.1.1. Combined VRD Reference Table
From F.1.1, supra, and Fig.1.2, infra, it becomes clear that the slightly more than 9 900 or 74
percent of the people who visited NSHR offices countrywide said their “friends” informed
them about the services the Organization renders to the general public. Slightly more than 1
172
600, close to 800 and 640 visitors said they learned about the Organization from the media,
staff members and summons, respectively, while additional 290 visitors said the Police
referred them. These represent 12, 6, 5 and 2 percent of all office visitors during the period
of reporting. Only 15 of the total of 13 447 people said that flags alerted them to NSHR
offices countrywide.
COMBINED VRD REFERENCE NOVEMBER 2008-NOVEMBER 2009

ALL OFFICES: TOTAL NUMBER OF PEOPLE POLLED: 13 447
Media
12% Staffmembers
6%
Police
2% Media
Summons
5% Staffmembers
Flags Police
0%
Summons
Others Flags
1% Others
Friends
Friends
74%
Fig: 1.2: Combined VRD Reference Pie
2. PARALEGAL CASE DATABASE (PCD)
OFFICES SOCIAL MTNC LABOR REFUGEE GENERAL TOTAL PHONE GRAND

DISPUTES CASES CASES CASES CASES CASES CASES TOTAL
HEAD 74 41 573 60 330 1 078 3 245 4 323

OFFICE
CAPRIVI 0 32 45 0 314 391 0 391

RMO
EENHANA 52 13 81 0 141 287 206 493

CEAC
MARIENTAL 4 8 403 0 49 464 230 694

RMO
173
OPUWO 180 1 64 0 92 337 107 444
RMO
OSHAKATI 108 16 57 0 53 234 908 1 142

RMO
RUNDU 3 8 11 0 49 71 135 206

RMO
TOTAL 421 119 1 234 60 1 028 2 862 4 831 7 693
Fig. 2.1: Combined Office PCD Table
PCD database records the number of complaints brought to NSHR’s attention by victims of
human rights abuses and other members of the general public during the period being
reviewed.
COMBINED PCD CASES FROM NOVEMBER 2008-NOVEMBER 2009

ALL OFFICES: CASES HANDLED: 2 862
Social disputes Social disputes

5% Maintenance Cases
2%
Maintenance Cases
Labor Cases
16%
Labor Cases
Refugee Cases Refugee Cases

1%
General Cases
General Cases
Telephone Cases Telephone Cases
13%
63%
Fig.2.2. Combined Office PCD Pie
From PCD figures [(vide Fig: 2.1. Combined Office PCD Table supra)], it is clear that slightly
more than 2 862 [3 354] aggrieved persons who visited NSHR offices countrywide
complained about social (i.e. interpersonal) disputes, child maintenance, labor disputes and
refugee problems as well as general grievances. Another 4 831 [4 312] citizens and non-
174
citizens alike phoned the Organization nationally for legal and other advices about their
rights and responsibilities [(vide also Fig.2.1 Combined Office PCD Table supra)]. The
cumulative decline by 493 cases can be attributed to the closure of the Oshakati RMO for at
least three months due to heavy flooding in the Oshana, Oshikoto and Omusati regions.
NATURE OF CASES CASES RESOLVED CASES UNRESOLVED TOTAL NUMBER OF

CASES
Social Disputes 276 145 421
Maintenance Cases 98 21 119
Labor Cases 840 394 1 234
Refugee Cases 60 0 60
General Cases 730 298 1 028
Total 2 004 858 2 862

Fig 2.3: Office PCD Achievement Table
3. PUBLICATIONS DISTRIBUTION DATABASE (PDD)
With regard to the promotion and consolidation of democracy, respect for human rights and
good governance (DHRGG), NSHR has developed PDD to record the number of civic
education series distributed and their contents disseminated over a period being considered.
NSHR’s civic education and other awareness-creation activities, such as crash courses,
workshops, voter education programs and radio phone-in programs as well as letters to the
editor play a major role in the increase in inter alia informed and active citizens’ participation
in public affairs as envisaged under of NC.478
478
Articles 17, 21 and 95(k) of NC
175
According to PDD, a total of 11 629 civic education publications have been distributed
countrywide during the period being reviewed [vide Fig.4.1: Combined PDD Indicator Table
infra)]. However, this figure is by 7 784 less than the 19 413 civic education materials which
were distributed and disseminated during the previous period of reporting. This huge drop
was caused by the fact that the supply of MRTP civic education series has been depleted.
OFFICE AFRIKAANS ENGLISH HERERO OSHIWAMBO SILOZI RUKWANGALI TOTAL

HEAD
OFFICE 689 939 0 238 31 181 2 078
CAPRIVI
RMO 0 35 0 2 956 1 994
EENHANA
CEAC 0 77 0 341 0 0 418
MARIENTAL
RMO 1 611 604 1 301 60 443 3 020
OPUWO
RMO 378 287 0 352 57 1 975
OSHAKATI
RMO 0 549 20 728 0 0 1 297
RUNDU
RMO 58 196 0 0 88 2 505 2 847
TOTAL 2 736 2 687 21 1 962 1 192 3 131 11 629
Fig.4.1: Office PDD Indicator Table
With 3 131 or 27 percent of the total, Rukwangali-speakers received the largest quantity of
the civic education materials distributed, followed by Afrikaans, English, Oshiwambo and
siLozi-speakers who received 2 731, 2 687, 1 962 and 1 192 MRTP civic education series,
respectively [(vide Fig.4.1 Combined PDD Table supra and Fig 4.2 Combined PDD Pie infra)].
With a total of 3 020 or close to 26 percent of all the materials, the Mariental RMO had
distributed the largest number of MRTP civic education series. This is followed by the Rundu
RMO and Head Office, with 2 847 and 2 078 materials, respectively. From Fig.4.1 it is clear
that only the Mariental RMO has rendered services to speakers of all the six languages in
which the civic education materials have been produced.
176
PUBLICATIONS DISTRIBUTION DATABASE FOR ALL OFFICES
FROM NOVEMBER 2008-NOVEMBER 2009
NUMBER OF BOOKS: 11 629
Rukwangali Afrikaans
27% 23%
Afrikaans
English
Herero
Oshiwambo
Silozi
Silozi English Rukwangali

10% 23%
Oshiwambo Herero
17% 0%
Fig.4.2. Combined PDD Pie
3. VISITORS’ OPINION ASSESSMENT REGISTER (VOAR) DATABASE
This impact monitoring tool assesses the opinions of visitors to NSHR offices about especially
the socio-economic problems plaguing the visitor’s area of residence. During the period under
consideration, VOAR indicators show that with 74 percent, Oshakati RMO recorded the
highest unemployment rate in the country, followed by the Head Office, Eenhana CEAC and
the Mariental RMO with 63, 60 and 58 percent, respectively. Regarding poverty, the Rundu
RMO [see Fig.3.7, infra] recorded the highest poverty rate (35 percent), followed by Opuwo
RMO, Eenhana CEAC, Mariental RMO and Oshakati RMO, with 25, 15, 12 and 11 percent,
respectively. Surprisingly, the Caprivi RMO [see Fig. 3.2, infra] recorded no poverty rate!
After the unemployment rate of 41 percent, the lack of water and electricity was the biggest
threat to human security recorded by the Opuwo RMO [vide Fig.3.5, infra], while rated at 10
percent, ADA was the third biggest problem at the Mariental RMO after unemployment (at
58 percent) and poverty ( rated at 12 percent).
177
VISITOR'S OPINION ASSESMENT REGISTER (VOAR)
FROM NOVEMBER 2008-NOVEMBER 2099
HEAD OFFICE: NUMBER OF PEOPLE POLLED: 656
Lack of Housing Crime

Crime
5% 2%
No Problem Lack of
Water & Electricity 7% Housing
11% No Problem
Noise Pollution
1%
Noise Pollution
Others
7%
Others
Poverty
2%
Poverty
Sanitation Sanitation
2%
Unemployment
Water &
Unemployment Electricity
63%
Fig.3.1: Head Office

NOVEMBER 2008-NOVEMBER 2009
CAPRIVI RMO: NUMBER OF PEOPLE POLLED: 945
Crime
2% Lack of Clinics & health
facilities Crime
Water & Electricity 1%
1% Lack of Clinics &
Lack of Development health facilities
16%
Lack of
Development
Lack of Housing Lack of Housing
Unemployment 7%
49% Lack of Roads
Sanitation
Unemployment
Lack of Roads
19%
Water & Electricity
Sanitation
5%
Fig.3.2: Caprivi RMO
178
NOVEMBER 2008-NOVEMBER 2009 EENHANA CEAC
NUMBER OF PEOPLE POLLED: 276
Lack of Clinics & health Lack of Roads
facilities 1%
3%
No Problem Lack of Clinics &
0% health facilities
Water & Electricity Lack of Roads

16% Others
5%
No Problem
Poverty
15%
Others
Poverty
Unemployment
Water & Electricity
Unemployment
60%
Fig.3.3: Eenhana CEAC
VISISTORS OPINION ASSESMENT REGISTER (VOAR)

MARIENTAL RMO: NUMBER OF PEOPLE POLLED: 1 261
Water & Electricity

0%
Alcohol & Drug
10% abuse
Crime
4% Crime
Lack of Housing
Lack of Housing
1%
Others
Others
10% Poverty
Sanitation
Unemployment
58%
Unemployment
Poverty
12% Water &
Electricity
Sanitation
5%
Fig.3.4: Mariental RMO
179
OPUWO RMO: NUMBER OF PEOPLE POLLED: 198
No Problem
2%
Others
Water & Electricity 6%
No Problem
26%
Others
Poverty
25% Poverty
Unemployment
Water &
Electricity
Unemployment
41%
Fig.3.5: Opuwo RMO

OSHAKATI RMO: NUMBER OF PEOPLE POLLED: 61
Water & Electricity

5% No Problem
3%
Others
7%
No Problem
Poverty
11%
Others
Poverty
Unemployment
Water &
Electricity
Unemployment
74%
Fig.3.6: Oshakati RMO
180
NOVEMBER2008-NOVEMBER 2009
RUNDU RMO: NUMBER OF PEOPLE POLLED:174
Water & Electricity No Problem

11% 5%
Others
15% No Problem
Others
Poverty
Unemployment
34% Unemploymen
t
Water &
Poverty Electricity
35%
Fig.3.7: Rundu RMO
VISITOR'S OPINION ASSESMENT REGISTER (VOAR) NOV08-NOV09

ALL OFFICES: NUMBER OF PEPLE POLLED: 3 571
Lack of Clinics & health

Crime facilities
Alcohol & Drug abuse 1%
3%
3%
Lack of Development
4%
Water & Electricity Crime
6% Lack of Housing
3% Lack of Clinics & health facilities
Lack of Roads Lack of Development
5%
Lack of Housing
No Problem
2% Lack of Roads
Noise Pollution No Problem
0%
Noise Pollution
Others
8% Others
Poverty
Poverty
Unemployment 8% Sanitation
54%
Unemployment
Sanitation
3% Water & Electricity
Fig.3.8: Combined VOAR Pie
181
IV. THE MEDIA AND NAMIBIA HR REPORT 2008
As in past cases the Namibia Human Rights Report 2008 also enjoyed extensive and prominent
coverage in both local and international media. Some of the media reports are reprinted
hereunder in full with only minor typographic corrections, including:
POLITICAL INTOLERANCE MARS HUMAN RIGHTS RECORD – NSHR479
DTA MP, McHenry Venaani, has called on Government and in particular the Office of the
President to appoint a special envoy and team of negotiators to “speedily” resolve the
“lingering tussle” between Namibia and South Africa over territorial rights of the Orange
River.
Since independence, rights to the river have been a moot point between the two governments,
with South Africa assuming all rights to it – in apparent contravention of international laws –
and have seemingly moved to the backburner of foreign relations between the two countries.
Speaking at the launch of the Namibia Society for Human Rights 2008 report on human rights
yesterday, Venaani cast his net further by urging SADC leaders currently meeting in South
Africa on the ongoing political stalemate in Zimbabwe’s power-sharing deal to support calls
for a free Zimbabwe where the citizens’ rights there are respected and upheld by the
political leadership.
And turning to domestic issues, he said the separation of powers between Parliament and the
Cabinet is being merged with 42 of the 72 members of the National Assembly being
members of the executive. He said discourses on these issues, as well as the independence of
the judiciary, should be kept alive, and recommended appropriate remedies to governance
“deficiencies”. NSHR 2008 report concentrated on seven areas of human security – or
insecurity – which constitute different focus from the previous strictly human rights violations
approach.
479
by Catherine Sasman, New Era online, January 28 2009
182
Although the report reflects progress made in some areas, the general tone of it spells a
gloomy picture of growing political and racial/tribal intolerance, economic insecurity (arguing
that unemployment could be as high as 60 percent judged by the reports from people visiting
NSHR offices as opposed to the official estimation of 36 percent), environmental degradation
due to climate change, marginalization of certain communities in the country, the decline in the
standard of education, and the precarious food security situation.
Highest on the list of concerns for Namibia according to the report, said Director of NSHR Phil
ya Nangoloh, was the unprecedented rise in political intolerance, with 40 new incidents
recorded than in the previous report. The 2008 report covers the period between September
2007 and October 2008. During this period, said NSHR, there has been a 1900 percent
increase in incidents of assaults on the right to freedom of association.
It charged that with the exception of one – lecturers suspended from their positions at UNAM
for their party-political activities – all other incidents were perpetrated by ruling party
Swapo Party activists and officials primarily against Rally for Democracy and Progress (RDP)
membership.
NSHR further reported 86 (as opposed to 40 in the previous report) attacks on freedoms of
opinion and expression. The organization monitored 38 new attacks on freedom of
expression, which it said was in the form of explicit or veiled smear attacks, or character
assassinations and hate speech.
It also reported on four violations of the right to freedom of movement against RDP members
by Swapo Party supporters. The human rights report further cited at least 10 communities
[where ‘community security’ refers to the protection of minority and other traditional
communities from sectarian and ethnic violence] accusing Government of “systematic
marginalization and discrimination”, with another seven additional communities having been
plagued by inter-ethnic and intra-ethnic conflict. Law enforcement agencies, said NSHR, fared
better on the human rights score than previous years.
183
During the period under review, NSHR monitored six cases of torture, with 45 citizens having
accused the Namibian Police, Prison Service and the Special Field Force members of torture.
This figure, however, is lower than the previous report’s 12 cases and 134 written accusations.
NSHR reported another significant decrease – 43 percent – in “arbitrary deprivation of
liberty”. Trial-awaiting detainees in letters to NSHR monitored 96 allegations of police
brutality – as opposed to 144.
HASSREDEN FÖRDERN TRIBALISMUS: MENSCHENRECHTS-BERICHT FÜR 2008

VORGESTELLT – KRITIK AN POLITIKER-VERHALTEN480
Die Veränderung des politischen Klimas in Namibia hat zur Verschlechterung der
Menschenrechte in diesem Land geführt. Das konstatiert die namibische
Menschenrechtsgesellschaft NGfM in ihrem jüngsten Bericht. Vor allem Hassreden von
Politikern wurden verurteilt
Windhoek – Das Fazit des rund 300 Seiten dicken Dokuments, das gestern in Windhoek
vorgestellt wurde, ist alles andere als positiv: Die Sicherheitssituation bei bürgerlichen und
politischen Rechten habe sich „ernsthaft verschlimmert und sehr gefährliche Ausmaße
angenommen“, erklärte NGfM-Direktor Phil ya Nangoloh bereits im Vorfeld der Präsentation.
Seine Mitarbeiterin Dorkas Phillemon wies zur besseren Einordnung des Berichts darauf hin,
dass sich alle Ergebnisse, Vergleiche und Schlussfolgerungen aus dem Bezug der namibischen
Verfassung ergeben würden, welche die Grundlage gebildet habe.
Angesichts des Themas Menschenrechte rief Gastredner McHenry Venaani, Generalsekretär

der Oppositionspartei DTA, zunächst die Situation im Nachbarland Simbabwe ins Bewusstsein.
Dort hätten die Verletzungen der Menschenrechte und die Gewalt jegliche Ausmaße
überstiegen. Er appellierte deshalb an alle Staatschefs der SADC-Länder, Simbabwes
Präsident Robert Mugabe zur Machtteilung aufzufordern. Im namibischen Kontext monierte
der Politiker die fehlende Trennung von Amt und Mandat, weil im Parlament 42 Abgeordnete
sitzen, die als Minister und Vizeminister zugleich Mitglieder der (staatlichen) Exekutive sind.
480
AZ online, January 27 2009
184
Überdies bemängelte Venaani, dass nur der Staatspräsident die Richter in diesem Land beruft
oder abberuft.
Beim Thema „zivile und politische Sicherheit“ übte Venaani deutliche Kritik an Politikern mit
ihren „Hassreden gegen bestimmte Personen und Gruppen“. Dies sei ein ernst zu nehmendes
Problem, denn es fördere den Tribalismus. Der Parlamentarier erinnerte daran, dass der
Völkermord in Ruanda Mitte der 90er Jahre eine Folge solcher Hassreden und Aufhetzungen
gewesen sei. NGfM-Chef ya Nangoloh will sogar eine Zunahme solcher Hassreden
ausgemacht haben. Des Weiteren ging Venaani auf den Umgang mit (Oppositions-) Parteien
ein. „Die Wähler gehören nicht den Parteien“, sagte er und wies darauf hin, dass es ein
Grundrecht eines jeden Bürgers sei, Veranstaltungen von welcher Partei auch immer zu
besuchen und sich bei der Wahl für irgendeine Partei zu entscheiden.
Phil ya Nangoloh kommt zu folgender Erkenntnis: „Die Demokratisierung (in Namibia) hat nicht
funktioniert“, der Prozess sei „gescheitert“. Der Menschenrechtler sieht grobe Verletzungen der
Rechte von Einzelpersonen und Gemeinschaften durch „Diskriminierung, basierend auf Rasse,
Farbe Sprache, Religion, politische oder andere Meinungen sowie nationale Herkunft oder
sozialen Status“. Der NGfM-Chef resümiert: Der „politische Übergang vom Apartheitsregime
zur Unabhängigkeit (…) hat zur Entstehung einer autoritären und von der SWAPO
dominierten Herrschaft geführt.“ Als Hauptursache dafür macht er den „Nujoma-
Faktor“verantwortlich. Dem Ex-Präsident wirft er u.a. „Autokratie, personalisierte Führung,
Personenkult, eine Kultur des Anspruchs, Patronat, Kontrolle des NBC-Radios und -Fernsehens
sowie Ausbleiben von Rechenschaft und Transparenz“ vor.
Überdies gebe es in Namibia etliche Fälle von Verletzungen der persönlichen Sicherheit, vor
allem durch „inoffizielle physische Gewalt“, wie durch Mord, Abtreibung, bewaffneten Raub,
häusliche Gewalt und Vergewaltigung. Überdies macht die NGfM die Verschlechterung der
Menschenrechtssituation an steigender Armut fest, was sich hauptsächlich in der Arbeitslosigkeit
zeige. Diese beziffert die Menschenrechtsgesellschaft mit 61 percent– im Gegensatz zur
offiziellen Statistik (37 percent). Ein weiteres großes Manko sehen die Menschenrechtler beim
Recht auf Gesundheitsvorsorge, bedingt durch hohe Infizierungsraten von HIV-AIDS,
185
Tuberkulose, Malaria und Cholera. An der nicht zufriedenstellenden Situation habe sich „nichts
geändert“, so ya Nangoloh.
In dem Menschenrechtsbericht 2008 werden die Beobachtungen der NGfM aus dem Zeitraum
von Oktober 2007 bis Oktober 2008 dargestellt. Dabei seien „sieben Domänen menschlicher
Sicherheit“untersucht worden: Ökonomie, Nahrungsmittel (versorgung), Gesundheit, Umwelt
sowie persönliche-, politische und gemeinschaftliche Sicherheit. Bei den Statistiken beruft sich
die NGfM auf Angaben und Informationen von 2602 Namibiern, die das Büro der
Organisation in dem genannten Zeitraum aufgesucht hätten. Der vorläufige Bericht mit den
Kernaussagen wurde bereits Mitte Dezember vergangenen Jahres den Medien zugänglich
gemacht (AZ berichtete).
LEEFGEHALTE SWAKKER IN 2008481
DIE Namibiese menseregteverslag vir 2008 wat verlede week bekendgestel is, skets ’n
somber prentjie vir menseregte in die land. Positiewe punte word wel in die verslag uitgelig.
Volgens die verslag wat deur die Nasionale Vereniging vir Menseregte (NSHR) opgestel is,
het die algehele toestand vir menslike veiligheid in die land die afgelope jaar versleg.
Op die gebiede van ekonomiese, voedsel-, gesondheids-, omgewings-, persoonlike en

politieke asook gemeenskapsekuriteit was daar agteruitgang. “Hierdie algehele onveilige
menslike toestand word openbaar in die stygende vlakke van hongersnood, armoede,
oordraagbare en nie-oordraagbare siektes, sterftesyfers, werkloosheid en
omgewingsaftakeling.
Die toestand kom ook na vore deur fisieke en ander soorte geweld, asook ’n aantal ander
bedreigings van persoonlike, politieke en gemeenskapsekuriteit,” lui die verslag. Die
hoofspreker by die bekendstelling, die DTA-parlementslid mnr. McHenry Venaani, het gesê
die verslag wys duidelik dat die bevolking van die land die stryd teen MIV-VIGS verloor en
dat siektes soos tuberkulose en malaria ’n hindernis is.
481
“LEEFGEHALTE SWAKKER IN 2008”, Republikein online, February 2 2009
186
“Die toestand van ons gesondheidsekuriteit is power, hoewel daar aansienlike verbetering is
op die gebied van die voorsiening van anti-retrovirale middels en die oordrag van MIV van
moeder tot kind,” het mnr. Venaani gesê. Hy het bepleit dat meer bewustheid geskep word
oor die houding en seksuele optrede van inwoners indien die doelwitte van Visie 2030
behaal wil word. Mnr. Venaani sê menseregte is universeel vir die mensdom.
Verslae soos hierdie moet aandag kry met dade om die toestand van menseregte te
verbeter. Die Namibiese Menseregteverslag is ’n omvattende waardebepaling van die
toestand van menseregte in die land. Die verslag streef om vas te stel tot watter mate die
toestand van menseregte oor ’n tydperk van 12 maande in Namibië verbeter of versleg. Dit
dien ook as barometer en ’n vroeë vooruitskatting vir die volgende 12 maande.
Die uitvoerende direkteur van NSHR, mnr. Phil ya Nangoloh, het by die bekendstelling gesê
die vlak van sosio-ekonomiese swaarkry skep die indruk dat die Regering nie oor die
politieke wil of administratiewe bevoegdheid beskik om maatskaplike geregtigheid, soos
voorsien in die Grondwet en verwante internasionale verdrae en wette, te laat geld nie.
Hy meen staatsamptenare, asook die regerende Swapo, gaan voort om die skuld vir hul
mislukkings of onbevoegdheid op apartheid, kolonialisme en die ekonomiese praktyke van
ryk nasies in die Noordelike Halfrond te pak. Volgens die verslag het misdaad in die land
toegeneem en lyk dit asof die owerhede landwyd sukkel om misdaad effektief te bekamp.
Mnr. ya Nangoloh meen die ware werkloosheidsyfer is nader aan 60 percent as die
amptelike syfer van 37 percent. Hy sê NSHR het hierdie syfers bekom deur onderhoude en
statistiek met 2 602 mense uit meer as 13 000 besoekers aan NSHR-kantore tydens die
tydperk onder hersiening. Die verslag bevind ook dat die Namibiese onderwysstelsel nie in sy
doel slaag nie.
Vloede en droogtes, omgewingsaftakeling deur oorbeweiding, ontbossing, indringerbos en

gronderosie is bydraende faktore tot die kroniese voedseltekorte en -onsekerheid in Namibië,
lui die verslag. Die stygende pryse van basiese voedselitems maak dit byna onbekostigbaar
vir kwesbare groepe in die gemeenskap.
187
Selfs die afskaffing van belasting op toegevoegde waarde op sekere voedselitems het nie
gehelp nie, sê die verklaring. Mnr. ya Nangoloh het ook die desentralisasiebeleid van
regeringsdienste gekritiseer. Hy het gewys op die tekort aan geskikte behuising, sanitêre
geriewe en landelike ontwikkelingsprojekte.
Oor die maatskaplike en politieke toestand wys die verslag op algehele agteruitgang. Dit
word toegeskryf aan die aftakeling van verskeie sosio-politieke en kulturele faktore, wat die
reg tot persoonlike, politieke en gemeenskapsekuriteit insluit. Volgens die verslag ontbreek
ware politieke vryheid en demokrasie in Namibië, wat ’n aanduiding is van ’n elitistiese,
onaantasbare regerende groep.
In die verslag word genoem dat sedert onafhanklikwording in 1990, polities gemotiveerde
menseregteskendings voorgekom het as ’n uitvloeisel van ’n onverdraagsame politieke
omgewing. Die oorsake is onder meer ’n mislukte demokratiseringsproses, strukturele
tekortkominge soos swak opposisiepartye, opportunisme en die klem op etniese identiteit in
die politiek.
“Die reg om politieke sekuriteit te geniet, hang af van die aktiewe uitoefening van die
burgery se vryheid van denke, geloof, vreedsame vergadering en die vryheid van spraak en
opinie,” lui die verslag. Die verslag stel dit duidelik dat menseregte van nasionale, etniese,
godsdienstige, taalverwante en minderheidsgroepe ook beskerm en gewaarborg moet word.
Een van die ergste bedreigings van politieke sekuriteit is die publiek se onkunde oor politieke
en demokratiese regte.
Ander bedreigings vir politieke sekuriteit vir individue en gemeenskappe is diskriminasie

gegrond op ras, kleur, taal, geloof, maatskaplike status en nasionaliteit. Aan die positiewe
kant sê mnr. ya Nangoloh NSHR het ’n afname waargeneem in die aantal voorvalle van
fisieke geweld deur die polisie en gevangenisdiens op verdagtes en gevangenes in die
betrokke tydperk.
188
Ses sulke gevalle van marteling, teenoor 12 verlede jaar, is vanjaar aangemeld en minstens
45 teenoor 134 het skriftelik die polisie, die gevangenisdiens of spesiale taakmag van
marteling en ander onmenslike of afbrekende behandeling beskuldig.
Oor die mislukte demokratiseringsproses sê die verslag daar is verskeie faktore wat Namibië
hierin kortwiek. Dit strek van sosio-ekonomiese en sosiokulturele tot sosiopolitieke prosesse.
“Daar is konsensus dat demokrasie floreer in ’n omgewing waar geen vrees bestaan nie,” lui
die verslag.
Hierteenoor het die politieke oorskakeling van ’n apartheidsregering onder Suid-Afrika, ná

onafhanklikwording bloot gelei tot die ontstaan van ’n outoritêre en dominerende
Swaporegering. “Na byna 19 jaar van onafhanklikheid kon die post-apartheidsregering nie
slaag om die land in ’n ware demokratiese rigting te stuur waar die reg tot politieke sekuriteit
moontlik is nie,” lui die verslag.
Die verslag sê die inherente rede hiervoor is die “Nujoma-faktor” wat waargeneem kan word
in verskynsels soos outokrasie, verafgoding en die wanvermoë van Swapo om homself te
omskep van ’n monolitiese Stalinistiese vryheidsbeweging tot ’n ware demokratiese en
dienslewerende politieke party vir die mense. NSHR se menseregteverslag van 2008 is by sy
kantoor beskikbaar.
END
189

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NAMIBIA:

WINDHOEK NAMIBIA APRIL 26 2010

“We will only work together and cooperate with those

Former Namibian President Sam Nujoma

or inclusion or any loss resulting from reliance on this Report.

National Society for Human Rights

ACRONYMS AND ABBREVIATIONS 05

ACC Anti-Corruption Commission

Furthermore, administrative bodies and administrative officials are constitutionally required to

II. GENERAL STATE OF HUMAN SECURITY

A. STATE OF ECONOMIC SECURITY

Furthermore, the continued proliferation of socio-economic hardships as well as high incidences

1. RIGHT TO ECONOMIC SECURITY

1.1. RIGHT TO FOOD SECURITY

1.2. RIGHT TO EDUCATION

1.3. RIGHT TO WORK

Lack of Clinics & health

Fig.1.3: Combined VOAR Pie

1.4. RIGHT TO SOCIAL SECURITY

2. RIGHT TO HEALTH SECURITY

2.6. SWINE FLU

3. RIGHT TO ENVIRONMENTAL SECURITY

Furthermore, Namibia is a party to the United Nations Framework Convention on Climate

4. RIGHT TO HOUSING SECURITY

B. STATE OF CIVIL AND POLITICAL SECURITY

1. RIGHT TO PERSONAL SECURITY

1.1.1. ARMED ROBBERY

1.1.2.1. Murder Per Se

1.1.2.3. Baby Dumping

1.1.4. GENDER-BASED VIOLENCE

However, GBV remains a chronic and an ever-increasing problem in Namibia with

1.1.5. SOCIETAL VIOLENCE

1.1.6. HUMAN TRAFFICKING

"Trafficking in persons" or “human trafficking” (HT) refers to the recruitment, transportation,

However, Namibia is among several SADC countries suspected of having a serious HT

2. RIGHT TO POLITICAL SECURITY

Competent public institutions, such as an independent judiciary, an effective and

“Summary, arbitrary or extra-judicial executions” refers to actual or tentative politically

Moreover, the prohibition referred to in ICCPR is directed against any propaganda or

2.1.1. Previous Summary Executions

On August 17 2006, UN Special Rapporteur on Extra judicial, summary or Arbitrary

2.1.2. New Instances of Summary Executions

2.1.2.1. Hamata and ya Nangoloh Hit Listed

2.1.2.2. NSHR Discovery of More Mass Graves

2.1.2.3. Swapo Party Man Knifes Girlfriend

2.1.2.4. Nujoma Incites Hate Crime

2.1.2.5. Nujoma’s Death Wishes for “Enemies”

2.1.2.6. Nujoma Urges Execution of ‘Criminals’

2.1.2.7. Nujoma Threatens To Shoot Germans

2.1.2.8. Nujoma Issues Death Threats

2.1.2.9. Swapo Party Supporters Attack RDP

On February 7 2009, a male Swapo Party supporter pointed a semi-automatic Pistolet

2.1.2.10. Swapo Party Members Call for RDP Killings

2.2. OFFICIAL KILLINGS

“Official killings” refers to actual or threatened non-politically motivated incidents or situations

2.2.1. Police Inaction Leads to Woman’s Murder

2.2.2. CityPol Shoots Student

2.2.3. CityPol Kills Armed Robbers

2.2.4. CityPol Members Kill Anton

2.2.5. CityPol Officers Execute Suspect

2.2.6. DWIA Officer Kills Pedestrians

2.2.7. Officer Shoots Shebeen Owner

2.2.8. Officers Kill Torture Patient

2.3.1. Spartan Detention and Prison Conditions