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Chapter 3 of the Namibian Constitution enshrines
the fundamental human rights and freedoms of all people within the
country. These rights and freedoms must be respected by all and
can be enforced by law.
Article 5 Protection of Fundamental Rights
and Freedoms
The fundamental human rights and freedoms in the Constitution must
be respected and upheld by government and all people in Namibia.
Human rights and freedoms are enforceable by Courts of law.
Article 6 The Right to Life
Every person in Namibia has the right to life. The death sentence
cannot be imposed in Namibia, regardless of the crime that was committed.
Article 7 Protection of Liberty
No-one in Namibia can be deprived of their freedom, except according
to procedures established by law.
Article 8 Respect for Human Dignity
The dignity of all persons is inviolable. Respect for human dignity is to be
guaranteed during any judicial or governmental proceedings. No persons in Namibia
may be subject to torture or cruel, inhuman or degrading treatment.
Article 9 Slavery and Forced Labour
No-one in Namibia may be held in slavery or servitude or be required
to perform forced labour.
Article 10 Equality and Freedom from Discrimination
All the people of Namibia are equal before the law. Discrimination
on the grounds of sex, race, religion, colour, ethnic origin or
social or economic status is unconstitutional.
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Article 11 Arrest and Detention
A person can only be arrested if there is a fair reason and if the
correct legal procedure is followed. A person who is arrested must
be told the reason for the arrest in a language (s)he understands
and must appear before a magistrate within two days of the arrest.
Article 12 Fair Trial
A person who has been charged with a crime has the right to a fair
trial by an independent and impartial court. An impartial court
is one that is not influenced by a person's race, sex, political
belief or religion, and makes its decision based only on the facts
of the case. All trials must take place within a reasonable time,
if not, the accused must be released. This ensures that the accused
cannot be imprisoned indefinitely before being granted the opportunity
to defend him- or herself.
Article 13 The Right to Privacy
All persons have the right to privacy in their homes. No one may
invade this privacy, open mail or listen to telephone calls without
consent.
Article 14 The Right to Family
All adult men and women have the right to marry and have children,
irrespective of their ethnicity, religion, social or economic status.
Men and women have equal rights in marriage and divorce. No person
in Namibia can be forced to marry against their will.
Article 15 Children's Rights
All children in Namibia have the right to a name, nationality and
to be cared for by their parents. No child under the age of 14 may
be employed to work and no child under the age of 16 may be employed
to do work that is dangerous to their health or interferes with
their education. No child under the age of 16 may be detained.
Article 16 Right to Property
All people in Namibia have the right to own land or other property
in any part of Namibia and to bequeath such possessions to their
heirs.
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Article 17 Political Activity
All Namibian citizens have the right to participate in peaceful political
activities such as joining or forming any political group, participating
in the conduct of public affairs or choosing political representatives.
Every Namibian citizen who has reached the age of 18 years has the
right to vote. Every Namibian citizen who has reached the age of 21
years may be elected to public office. |
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Article 18 Administrative
Justice
Administrative bodies and Government officials must act according
to the laws of Namibia. Any person who feels aggrieved by the exercise
of such acts has the right to seek redress before a competent Court
or Tribunal.
Article 19 Culture
All people in Namibia have the right to practice, promote, maintain
and enjoy any culture, language, tradition and religion, provided
it does not interfere with the rights of other people or national
interest.
Article 20 Education
Every person in Namibia has the right to education. Primary education
will be provided free of charge by the Government. Every child in
Namibia must attend school until (s)he has either reached the age
of 16 years or has completed primary school.
Article 21 Fundamental Freedoms
All persons have the right to:
• Freedom of speech and expression which includes the
freedom of the press and other media.
• Freedom of thought, conscience and belief, which includes
academic freedom in institutions of higher learning.
• Freedom to practise any religion.
• Freedom to assemble peacefully and without arms.
• Freedom to move freely throughout Namibia
• Freedom to reside and settle in any part of Namibia.
• Freedom of association, which includes the freedom to
join any associations or union, including trade unions and political
parties.
• Freedom to withhold labour and the right to strike.
• Freedom to leave and return to Namibia.
• Freedom to practice any profession, or carry on any
occupation, trade or business.
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Article 23 Apartheid
and Affirmative Action
The practice of racial discrimination and apartheid is against the
law. Anyone who still practises this may be punished. This means,
for example, that all certain posts may not be kept for one ethnic
group only. Government may take steps to advance people who have been
discriminated against in the past to ensure that everybody in Namibia
will have equal opportunities. |
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Article 25 Enforcement
of Fundamental Rights and Freedoms
No-one, not even chief, a government official, Parliament or the President,
has the right to take your fundamental rights and freedoms away. If
citizens believe that their rights and freedoms have been violated,
they can seek redress in a court of law. The court will then issue
an order which protects these rights. Alternately, aggrieved
citizens may seek assistance from the Ombudsman. The Ombudsman is
a judge or advocate, appointed by the President on the recommendation
of the Judicial Service Commission, tasked with the protection fundamental
human rights and freedoms. Any person
may lodge a
complaint with |
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The Ombudsman will investigate the complaint free of charge. He or
she will not, however, investigate trivial matters. |
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Article 26 States of Emergency
The President and the National Assembly may declare a state of emergency,
when there is a situation that threatens the life of the nation,
or the existence of the government.
During a state of emergency, the President has the power to suspend
some fundamental rights and freedoms. The freedom of speech, the
right to human life and dignity, the right to consult a lawyer and
the right to go to a court for help, can, however, never be suspended.
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