Namibia
Namibia is a mid-range performer across all four categories of the Global State of Democracy framework. It performs among the world’s top 25 per cent of countries in several Civil Liberties subfactors, as well as in Predictable Enforcement and Civic Engagement. It is among the world’s bottom 25 per cent of countries in Basic Welfare, and declines in Economic Inequality and Absence of Corruption have marked the last five years. Namibia is one of the wealthiest countries in Sub-Saharan Africa, though it suffers from high levels of economic inequality. Mining, fishing, agriculture and tourism are key industries. Recent oil discoveries made in Namibian waters could transform the country into a major oil producer.
Namibia’s history contains several episodes of brutal colonial domination. In the late 19th and early 20th centuries, the country was a German colony. The Herero and Nama genocide (1904-1908), perpetrated by the Germans, still strains relations with Germany despite the recent agreement to pay reparations. From 1920 to 1990, Namibia was under South African rule and was called South-West Africa. During this time, South Africa’s apartheid laws were in force, depriving Black Namibians of basic political and social rights and freedoms. As a result of these policies, White Namibians continue to dominate business and commercial farm ownership, despite making up only five per cent of the population. Economic inequality remains the second highest in the world. The South West Africa People’s Organization (SWAPO) led the liberationist forces against South Africa’s apartheid government during the Namibian War of Independence, a conflict which led to the country’s independence in 1990. Since then, SWAPO (now a political party) has remained in power. Though initially overwhelmingly popular, SWAPO’s support has begun to erode in recent years, in part because of corruption scandals and allegations of mismanagement. Corruption is a key driver in Namibian politics and a major concern for the people. The recent Fishrot scandal involving politicians and wealthy business people is a notable case, with detrimental impacts on fisheries workers and programmes aimed at alleviating the impact of drought and unemployment.
Gender equality issues are politically salient, and the very high rates of intimate partner violence have sparked protests in recent years. Women’s parliamentary representation, however, is among the world’s highest and in 2023, the first female judges were appointed to the Supreme Court. LGBTQIA+ rights have also gained political prominence, following a Supreme Court ruling recognising same-sex marriages performed abroad and the subsequent passage of legislation purporting to override it. In 2024, the High Court struck down a colonial-era law criminalizing gay sex. Discrimination against the indigenous San people, particularly in healthcare, is another cause for concern. The San community have also been disproportionately affected by desertification, drought and depleting water supplies.
Looking ahead, it will be important to watch the competitiveness of the results of the November 2024 general election and the evolution of multipartyism in the country. Anti-corruption efforts should also be monitored, particularly the ongoing prosecution of the former politicians, businessmen and lawyers implicated in the Fishrot scandal, which is likely to test Namibia’s judicial system. Finally, the recent discovery of oil presents opportunities which could impact a range of indicators related to equality and rights.
Last updated: August 2024
https://www.idea.int/democracytracker/
June 2024
High Court strikes down colonial-era laws criminalising same-sex conduct
In a judgement delivered on 21 June, Namibia’s High Court struck down colonial-era laws criminalising same-sex conduct, ruling that they unfairly discriminated against gay men and were therefore unconstitutional. According to the Human Dignity Trust, an NGO, it is unclear whether, since independence, anyone engaged in consensual same sex activity had been convicted under the ‘sodomy’ and ‘unnatural sexual offences’ laws. It stated, however, that there had been arrests and that the laws had enabled stigma and discrimination that had affected the whole of the LGBTQIA+ community. The case was brought by prominent Namibian LGBTQIA+ activist, Friedel Dausab.
Sources: High Court of Namibia, The Conversation, Human Dignity Trust
July 2023
Namibian legislators approve anti-gay marriage bills overriding Supreme Court ruling
In July, majorities in both houses of Namibia’s parliament voted in favour of two bills purporting to override a ruling from the country’s Supreme Court in May 2023 that recognised same-sex marriages performed abroad. The draft legislation prohibits same-sex marriage, including those conducted abroad, by defining ‘marriage’ and ‘spouse’ in heterosexual terms and by criminalising the solemnisation, participation in, promotion, or advertisement of same-sex marriage in Namibia. Both bills were introduced in the National Assembly (the lower house) on 7 July as private members bills by a member of the governing SWAPO Party, before being passed by the Assembly on 12 July and the National Council (the upper house) on 19 July. Before becoming law, the bills will need to be approved once more by the National Assembly and signed by Namibia’s President. The speed of the legislative process was criticised by the country’s Ombudsman, who said that it prevented the necessary public scrutiny. Legal experts have also questioned the constitutionality of the bills.
Sources: Marriage Amendment Private Members Bill, Definition of Spouse Private Members Bill, International IDEA, The Namibian (1), The Namibian (2), The Namibian (3), Southern Africa Litigation Centre
May 2023
Supreme Court recognises same-sex marriages performed abroad
In a judgement delivered on 16 May, the Namibian Supreme Court ruled that the state must, for the purposes of immigration, recognise same-sex marriages validly concluded abroad between a Namibian and a non-citizen. It found that the Ministry of Home Affairs and Immigration’s denial of residency permits to foreign spouses in two such marriages, violated the couples’ constitutional right to equality and dignity. The ruling makes Namibia the second African country, after South Africa, to recognise foreign same-sex marriages. However, the law in Namibia prevents same-sex couples from entering marriages and civil-partnerships and criminalises same-sex activity within the country.
Sources: Namibian Supreme Court Judgement, Human Rights Watch, Voice of America
March 2023
First female judges appointed to Namibia’s supreme court
For the first time since its independence in 1990, Namibia has appointed female judges to serve on its supreme court. Lady Justice Rita Makarau, Lady Justice Johanna Prinsloo, and Lady Justice Esi Schimming-Chase will serve as temporary, Acting Supreme Court Judges from 1 April 2023 to 31 March 2024. Three male Acting Supreme Court Judges were appointed to serve one-year terms in January 2023. Under the Namibian constitution, Acting Judges can be appointed to the Supreme Court to fill casual vacancies or on an ad hoc basis where their expertise is required by a particular case. The small number of permanent Supreme Court Judges (presently four) and case backlogs have meant that there has been a significant demand for Acting Judges. The appointments were welcomed by gender equality activists in Namibia as the shattering of ‘a huge glass ceiling.’ However, the country’s Minister of Justice, Yvonne Dausab, cautioned that more needed to be done to transform the leadership of Nambia’s senior courts, which she said remained male-dominated.
Sources: Judicial Service Commission, Voice of America, Namibia Daily News, Namibian Government Gazette, Constitute Project, Citizenship Rights in Africa Initiative, Namibian Broadcasting Corporation, Ministry of Justice, Namibia Equal Rights Movement
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