32/4 Report of the Working Group on the Universal Periodic Review - Namibia

GE.16-06213(E)



Human Rights Council Thirty-second session

Agenda item 6

Universal periodic review

Report of the Working Group on the Universal Periodic Review*

Namibia

*

The annex is being circulated in the language of submission only.

Contents

Page

Introduction ...................................................................................................................................... 3

I. Summary of the proceedings of the review process ......................................................................... 3

A. Presentation by the State under review .................................................................................... 3

B. Interactive dialogue and responses by the State under review ................................................. 5

II. Conclusions and/or recommendations .............................................................................................. 14

Annex

Composition of the delegation ......................................................................................................... 28

Introduction

1. The Working Group on the Universal Periodic Review, established in accordance

with Human Rights Council resolution 5/1, held its twenty-fourth session from 18 to 29

January 2016. The review of Namibia was held at the 1st meeting, on 18 January 2016. The

delegation of Namibia was headed by the Minister of Justice, Albert Kawana. At its

10th meeting, held on 22 January 2016, the Working Group adopted the report on Namibia.

2. On 12 January 2016, the Human Rights Council selected the following group of

rapporteurs (troika) to facilitate the review of Namibia: Latvia, Morocco and the Republic

of Korea.

3. In accordance with paragraph 15 of the annex to Human Rights Council resolution

5/1 and paragraph 5 of the annex to Council resolution 16/21, the following documents

were issued for the review of Namibia:

(a) A national report submitted/written presentation made in accordance with

paragraph 15 (a) (A/HRC/WG.6/24/NAM/1);

(b) A compilation prepared by the Office of the United Nations High

Commissioner for Human Rights (OHCHR) in accordance with paragraph 15 (b)

(A/HRC/WG.6/24/NAM/2);

(c) A summary prepared by OHCHR in accordance with paragraph 15 (c)

(A/HRC/WG.6/24/NAM/3).

4. A list of questions prepared in advance by the Czech Republic, Germany,

Liechtenstein, Mexico, Slovenia, Spain, Sweden and the United Kingdom of Great Britain

and Northern Ireland was transmitted to Namibia through the troika. These questions are

available on the extranet of the universal periodic review.

I. Summary of the proceedings of the review process

A. Presentation by the State under review

5. The delegation of Namibia stated that Namibia valued the distinct universal and

peer-review nature of this mechanism. Namibia had submitted a second-cycle report, which

provided information on the implementation of recommendations and on other progress

made. The report also provided information on the challenges faced in implementing some

of the recommendations. Namibia valued the contribution of civil society in the preparation

of the report.

6. Namibia had submitted all outstanding reports on international and regional

instruments to which it was party.

7. The Government of Namibia remained committed to delivering on the promises

made to build on the progress achieved during the era of peace and stability, and to move

into the era of economic emancipation and prosperity for all, where no Namibian would be

left behind.

8. Namibia was the driest country in sub-Saharan Africa and frequently bore the brunt

of global climate changes in the form of droughts and floods. Namibia was currently

experiencing a severe drought that was entering its second year. As a result, the

Government had been forced to, inter alia, redirect resources from education, health and

infrastructure development to drought relief.

9. The budget of the Office of the Ombudsman had been increased to enable cases of

human rights abuses to be investigated and awareness-raising programmes to be carried out.

The Office of the Ombudsman had recently completed a draft white paper on the rights of

marginalized communities, and had facilitated the process for the preparation and drafting

of the National Human Rights Action Plan, which had been adopted by the Government in

December 2014.

10. Namibia continued to do well on media freedom. The Reporters Without Borders

World Press Freedom Index of 2015 had ranked Namibia seventeenth out of 180 countries

in the world and first in Africa in the areas of media pluralism and independence, respect

for the safety and freedom of journalists, and the legislative, institutional and infrastructural

environment in which the media operated.

11. The overriding challenges experienced by Namibia were in effectively tackling and

overcoming unemployment and persistent poverty. As shown by the Gini coefficient,

Namibia was one of the most unequal societies in the world, with a huge income gap

between the rich and the poor that had been inherited at independence. Namibia was

regarded as an upper-middle-income country, mainly due to its per capita gross national

income, relatively world-class infrastructure, sophisticated banking system, good coverage

of medical services, stable democracy and many other amenities reminiscent of a developed

country. Consequently, Namibia had experienced the withdrawal of many international

social partners, which had aggravated the challenges.

12. In 2015, the Ministry of Poverty Eradication and Social Welfare had been

established, with a mandate of coordinating all programmes aimed at eradicating poverty.

The percentage of people receiving social grants, such as disability grants, old age pension,

and grants for orphans and vulnerable children, had drastically increased. The Wage Order

for Domestic Workers Regulations (under the Labour Act of 2007) which had come into

force on 16 December 2014 set the minimum wage and supplementary minimum

conditions for employment for domestic workers.

13. A draft law to be tabled in Parliament before the end of 2016 defined the crime of

torture in accordance with the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment.

14. In 2015, Parliament had passed the Child Care and Protection Act, which dealt,

among other things, with juvenile justice, adoption, and protection from harmful cultural

practices. The first children’s advocate had been appointed in the Office of the

Ombudsman.

15. In 2014, the Government had implemented free universal primary education in

public schools, which had been extended to secondary education in public schools.

16. Violence against women and children remained a serious concern. The Combating

of Domestic Violence Act was currently being reviewed with a view to increasing

penalties.

17. In March 2010, a revised National Gender Policy, for 2010-2020, had been

launched. The overarching goal was to achieve gender equality and the empowerment of

both men and women. Following elections in 2014 and 2015, women made up 41.6 per cent

of the representatives in the National Assembly, 23.8 per cent of the representatives on

regional councils and 48.2 per cent of the representatives on local authority councils.

18. Maternal mortality remained a concern and measures to reduce maternal mortality

had been introduced. Those measures included a road map for an acceleration in the

reduction in maternal and neonatal mortality and for a revision of the scope of practice for

the health-care profession (nurses and midwives), an increase in capacity-building,

information and awareness campaigns on health issues, and prevention of the mother-to-

child transmission of HIV. The 2013 World Health Organization (WHO) guidelines on

starting antiretroviral treatment earlier had been adopted.

19. The judiciary had introduced a number of measures aimed at reducing the backlog of

criminal cases in the courts. The Criminal Procedure Act of 1977) had been amended to

give prosecutors authority to issue admission-of-guilt fines in specified cases and

circumstances, making court appearances unnecessary. The Magistrates’ Commission, an

independent body, was considering the possibility of operating Saturday courts specifically

in order to deal with the backlog of cases. In addition, the Constitution was amended in

2014 and the Judiciary Act was passed in 2015 to further enhance the independence of the

judiciary, with a separate budget and separate administrative staff. Mobile courts would be

introduced in 2016.

B. Interactive dialogue and responses by the State under review

20. During the interactive dialogue, 96 delegations made statements. Recommendations

made during the dialogue are to be found in section II of the present report.

21. Panama welcomed the adoption of the National Plan on Human Rights 2015-2019, and efforts to provide universal access to education and to end gender inequality, child

marriage and sexual violence.

22. The Philippines appreciated the recognition by Namibia that gender-based violence

was a serious concern as well as its achievement in providing universal access to health

services and to education.

23. While applauding the adoption of gender policies, Portugal was concerned at

discrimination against minorities, and at the lack of access to basic rights such as the rights

to drinking water, sanitation and education.

24. The Republic of Korea noted the efforts made by Namibia to advance gender

equality at all levels, especially through its National Gender Policy and its cooperation with

the International Labour Organization (ILO) on the elimination of child labour.

25. Romania commended Namibia for the particular attention it had paid to the universal periodic review process, notably by its presentation of a mid-term report on the

implementation of the accepted recommendations.

26. The Russian Federation noted that, despite a number of existing problems, Namibia

had taken effective measures to build democracy and the rule of law through, inter alia, the

institution of mechanisms monitoring the implementation of human rights.

27. Senegal welcomed progress on reforming the property laws relating to land and the

reducing poverty within the framework of the Vision 2030 project, and efforts in the field

of education and health.

28. Serbia acknowledged the efforts that Namibia had made to combat discrimination on

all grounds, and encouraged Namibia to take all necessary legal actions to guarantee equal

protection of women before the law.

29. Sierra Leone noted the commitment made by Namibia to preventing gender-based

violence and to providing universal access to compulsory basic education, which included

the creation of mobile schools for nomadic communities.

30. Singapore commended the efforts made by Namibia in protecting the rights of the

child and children’s welfare, enhancing access to quality education, achieving gender

equality and eliminating gender-based violence.

31. Slovakia noted that the backlog of cases in the criminal justice system remained a

challenge. Slovakia also noted the persistence of harmful practices against women, despite

the Government’s focus on achieving gender equality.

32. Slovenia welcomed the creation of human rights institutions and the adoption of

policies and measures on human rights, but noted the persistence of harmful practices and

the prevalence of violence against women.

33. South Sudan appreciated the strengthening of the institutional human rights

framework, the establishment of a human rights department in the Namibian Police Force,

and the empowerment of persons with disabilities.

34. Spain commended the ratification of almost all international and regional human

rights conventions, and the development of a wide legal framework at the national level.

Spain stated that more should be done for the inclusion of indigenous peoples.

35. Sri Lanka observed that the Office of the Ombudsman had maintained “A” status in

terms of the principles relating to the status of national institutions for the promotion and

protection of human rights (Paris Principles) consecutively for the past nine years, and

welcomed efforts at promoting gender equality and protecting children against sexual

violence.

36. The State of Palestine welcomed progress made in addressing poverty and

underdevelopment, despite several challenges such as droughts, a lack of available

resources, and insufficient assistance from the international community.

37. Swaziland was pleased that the wage order and regulations for domestic workers

setting the minimum conditions for their employment had come into force in 2014.

Swaziland also welcomed the emphasis given by Namibia to children’s rights and welfare.

38. Sweden welcomed the passing of the Child Care and Protection Act, which included

provisions aimed at safeguarding children in prisons. Sweden stated that the

implementation of the legislation was of vital importance.

39. The delegation of Namibia stated that the second National Conference on

Gender-Based Violence, held in July 2014, had examined underlying causes and trends,

national responses and approaches with respect to combating gender-based violence.

Recommendations adopted by the Conference had been approved by the Cabinet. The

Criminal Procedure Act (Act No. 51 of 1977) as amended made provision for support for

vulnerable witnesses; social workers in the Ministry of Gender Equality and Child Welfare

also provided support for vulnerable witnesses. Several multimedia public awareness

campaigns had been launched. Fifteen specialized women and child protection units had

been established to protect and provide services to survivors of gender-based violence. The

Gender-Based Violence and Human Rights Cluster, one of six clusters of the coordination

mechanism for the implementation of the National Gender Policy, advised the Government

on strategies for eradicating gender-based violence.

40. One of the seven themes of the National Human Rights Action Plan was the right

not to be discriminated against. The specific objectives under that theme included

enhancing affirmation of the rights of people with disabilities, indigenous people, women,

and lesbian, gay, bisexual, transgender and intersex persons; having information on the

extent to which human rights of people with disabilities, indigenous people, women, and

lesbian, gay, bisexual, transgender and intersex persons were infringed; intensifying

education and raising awareness; and implementing the legal and regulatory reform that

would give effect to the non-discriminatory provisions in various international and regional

instruments. New legislation would be adopted to prohibit discrimination.

41. The delegation stated that lesbian, gay, bisexual, transgender and intersex persons

persons were not victimized or persecuted for practising their preferred sexual orientation.

Article 13 of the Constitution protected the right to privacy. No person was requested to

disclose his or her preferred sexual orientation in any official government form or

document and no person could be refused access to public or private services on the basis

of their sexual preference. The laws did not make provision for marriage between adults of

the same sex.

42. In view of the colonial history of the country, during which the policies and laws of

the colonial occupying Power had been systematically aimed at disadvantaging the majority

black population, the framers of the Constitution saw fit to attempt to correct some of the

wrongs of the past. To that end, Parliament had been empowered by the Constitution to

promulgate affirmative action legislation aimed at achieving a balanced structuring of the

public service, including the police, the defence forces and the prison service. The

Government had passed the Affirmative Action (Employment) Act (Act No. 29 of 1998),

which included measures for achieving equal opportunity in employment for racially

disadvantaged persons, women and persons with disabilities. The Public Service

Commission had also been pursuing an affirmative action programme. Racial

discrimination by the Government and its agencies and by private persons or institutions

had been prohibited and was criminalized by the Racial Discrimination Prohibition Act

(Act No. 26 of 1991).

43. The delegation stated that Namibia was a party to the core international and regional

human rights instruments. The remaining instruments, to which Namibia was not yet a

party, would be continuously studied in order to assess the country’s ability to comply with

the obligations that they would impose. Namibia followed a monist approach to the

recognition of international instruments and the rules of international law in its domestic

legal system. A thorough study of international instruments was being conducted to ensure

that national laws were harmonized in order to comply with the provisions of those

instruments before they were signed, ratified or acceded to. Namibia had no intention of

condoning the violation of the rights of migrant workers and their families and they were

already protected under domestic labour laws.

44. The former Yugoslav Republic of Macedonia welcomed the adoption of the

National Human Rights Action Plan 2015-2019, but noted that, according to United

Nations bodies, it would be necessary to intensify reforms, particularly in regard to the

rights of the child.

45. Togo congratulated Namibia on the progress made since the first universal periodic

review and on creating various mechanisms for human rights protection, and noted that

women enjoyed the same rights as men in regard to land as property.

46. Trinidad and Tobago commended Namibia for the launch of the National Human

Rights Action Plan 2015-2019 and for its efforts since the first review to increase the

capacity of the Office of the Ombudsman.

47. Turkey welcomed the creation of the Interministerial Committee on Human Rights

and Humanitarian Law, and the efforts of Namibia in the area of media freedom and

independence and in the fight against child abuse.

48. Uganda commended the adoption of the National Human Rights Action Plan 2015-

2019, the establishment of the Interministerial Committee and the appointment of a minister

for marginalized communities.

49. Ukraine welcomed the positive changes that had been made to the national

legislation with a view to promoting and protecting children’s rights. However, it noted that

violence against children, poor standards of health facilities and health disparities in rural

areas remained serious challenges.

50. The United Kingdom of Great Britain and Northern Ireland noted the high

prevalence of violence against women. It was concerned at customary practices that

impeded the promotion of gender equality. It encouraged the repeal of laws that made

same-sex relationships illegal.

51. The United Republic of Tanzania was impressed with the achievements in tackling

poverty in line with Vision 2030. It commended Namibia for its commitment to

empowering women with knowledge and skills. It encouraged Namibia to continue with

land reform and resettlement programmes.

52. The United States of America noted the prevalence of gender-based violence and of

violence against children. It urged the adoption of implementing regulations to enforce the

Child Care and Protection Act.

53. Uruguay noted the high number of reports submitted to treaty bodies for review and

encouraged Namibia to follow up on the recommendations received from those bodies. It

also noted the progress made in regard to the wages of domestic workers and access to

drinking water.

54. Uzbekistan stated that steps had been taken to strengthen the normative and

institutional basis for the protection of human rights, which included the National Human

Rights Action Plan, the National Gender Policy, and the establishment of the office of the

Media Ombudsman.

55. The Bolivarian Republic of Venezuela welcomed the significant social investment

that had been made in education, and the building of 90 new primary health-care clinics,

45 medical centres and 4 hospitals.

56. Zambia noted that 40 recommendations from the previous review had been fully

implemented in 2015, which had resulted, inter alia, in the establishment of a human rights

department within the Namibian Police Force.

57. Zimbabwe commended Namibia for implementing 40 recommendations from its

first review. It noted the National Gender Policy and the initiatives taken to promote the

rights of indigenous peoples.

58. Afghanistan appreciated the dedication that Namibia had shown to protecting children’s rights and eliminating all forms of gender-based violence, as well as the

measures that the country had taken to comply with its international human rights

obligations.

59. Algeria welcomed the National Human Rights Action Plan 2015-2019, as well as

the efforts in regard to the administration of the penitentiary system, poverty reduction, and

access to education, health care and safe drinking water.

60. Angola noted the progress that Namibia had made, particularly the adoption of

legislation to guarantee equality to men and women and to prohibit discrimination. It

welcomed legislation regarding the salaries of domestic workers.

61. Argentina congratulated Namibia on the launching of the National Human Rights

Action Plan 2015-2019 and noted the efforts to combat gender-based violence and

discrimination suffered by women and girls.

62. The delegation of Namibia stated that Namibia had ratified the Convention against

Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and that

consultations were under way to ratify its Optional Protocol. Plans were also under way to

take legislative and other measures to criminalize torture and establish a national preventive

mechanism. In the absence of a national preventive mechanism, the Ombudsman visited

prisons and places of detention to receive complaints from inmates and to inspected the

facilities. The Correctional Service Act (Act No. 9 of 2012) provided for visiting justices to

visit correctional facilities.

63. The Namibian Correctional Service provided a health-care services section at each

of the bigger correctional facilities and nursing services at each of the smaller facilities.

Inmates were treated on the premises and serious cases were referred to State health

facilities. All HIV-positive inmates had access to free antiretroviral treatment. All inmates

had access to hygiene products and received three meals a day, while those with “lifestyle

diseases” such as HIV and AIDS received a special diet, as stipulated in the Correctional

Service menu. Several measures to improve the standards of living in correctional facilities

were being implemented. A new law, the Correctional Service Act (Act No. 9 of 2012) and

its regulations had come into force, which had repealed the Prisons Act (Act No. 17 of

1998). The Inmate Information Handbook allowed inmates to lodge complaints with the

correctional authorities or with the Namibian Police Force. A code of conduct had been

issued by the Office of the Commissioner-General in 2008 and had been revised in 2014.

64. After the National Land Conference of 1991, two approaches to land reform had

been adopted, with the aim of acquiring and redistributing commercial agricultural land to

redress past imbalances in land ownership. The Government had aquired land from

commercial farm owners through the willing seller willing buyer and the expropriation

principles and through tenure reform in the communal areas to ensure tenure security via

the registration of communal land rights. This had resulted in the adoption of policies

including the National Resettlement Policy of 2001 and the Communal Land Reform Act

(Act No. 5 of 2002). Land reform had contributed to the reduction of poverty. It had given

target groups an opportunity to produce their own food with a view to self-sufficiency. It

created employment through farming and related activities and brought smallholder farmers

into the mainstream economy via their participation in an open market economy. It had also

allowed previously disadvantaged groups to have subsidized loans to buy commercial

farms.

65. The delegation stated that the Cabinet had directed that specific legislation to

combat trafficking in persons should be drafted and be tabled before Parliament as soon as

possible. It was anticipated that the bill would be tabled in Parliament in 2016. In the

meantime, there was a provision criminalizing this offence under the Prevention of

Organized Crime Act (Act No. 29 of 2004).

66. Steady progress had been made in combating and eliminating child labour through

an action programme developed in 2011. A technical cooperation programme on

elimination of child labour in the country had also been produced. The Directorate of

Labour Inspectors in the Ministry of Labour and Social Welfare had conducted periodic

inspections on farms and at other places of employment in order to identify cases of child

labour. The Labour Act (Act No. 11 of 2007) had statutory provisions in place to regulate

child labour. The Child Care and Protection Act had been passed by Parliament in 2015 and

would be implemented once the relevant regulations had been passed.

67. The delegation stated that Namibia recognized the need to raise the age of criminal

responsibility of children and bring it into line with international standards. The Child

Justice Bill, along with other provisions, would set the minimum age of criminal capacity

for children in compliance with international standards.

68. Australia appreciated the leadership that Namibia had shown in advocating for the

abolition of the death penalty, particularly through universal periodic review

recommendations. It remained concerned that traditional laws and customary practices that

were harmful to girls and women persisted.

69. Austria acknowledged the sustained engagement of Namibia with the universal

periodic review. It asked about the steps envisaged, as had been announced in 2015, to

ensure that women in customary marriages enjoyed rights equal to those of women in civil

marriages.

70. Bangladesh appreciated the efforts made to promote and protect human rights and

noted the progress that had been made in the areas of health, education and poverty

reduction.

71. Benin welcomed the efforts made by Namibia, notably the National Human Rights

Action Plan 2015-2019, the adoption of a public policy in favour of equality, and a project

on human rights education.

72. Botswana remained concerned about reports of a high prevalence of violence against

girls and women, the lack of special detention facilities for children, and the minimum age

of criminal responsibility being 7 years.

73. Burkina Faso recognized efforts made in the areas of access to justice, human rights

training for law enforcement officials, and detention conditions. It considered that Namibia

should improve women’s access to land and should reduce the maternal mortality rate.

74. Burundi welcomed efforts to reinforce access to justice, the National Human Rights

Action Plan, the creation of the Interministerial Committee on Human Rights and

Humanitarian Law and the establishment of a human rights department within the

Namibian Police Force.

75. Canada commended Namibia for its commitments to set targets for improving

human rights promotion and protection, to address violence against women and to protect

children, through various action plans and bills.

76. Chad welcomed the efforts by Namibia to honour commitments made during the

2011 review. It noted that Namibia cooperated with the treaty bodies and had responded

positively to requests for visits by special procedures.

77. Chile welcomed progress to combat gender-based violence and violence against

children. It noted positive steps towards the respect and guarantee of human rights.

78. China recognized the efforts made to combat poverty and underdevelopment, as well

as the progress made with regard to gender equality and increasing the living standards of

its population by granting access to water, education and health care.

79. The Congo encouraged Namibia to pursue efforts for the integration of marginalized

children into the education system, for the prevention and care of pregnancies in the school

system, and for addressing gender-based and sexual violence.

80. Costa Rica valued the efforts to improve access to justice, to investigate human

rights violations and to improve the political representation of women. It shared the

concerns of the Committee on the Rights of the Child regarding the trafficking in children.

81. Côte d’Ivoire welcomed the adoption of various legislative measures, such as the

adoption of a national policy and plan of action on gender equality.

82. Cuba appreciated the efforts to combat poverty, such as the programmes for land distribution, housing and safe drinking water. It noted actions taken to eliminate all forms

of gender-based violence and to protect children.

83. The Czech Republic appreciated the responses to its advance questions. It requested

more information about the reported intention of Namibia to withdraw from the

International Criminal Court.

84. The Democratic People’s Republic of Korea appreciated the commitment, the

consistent efforts and the achievements in protecting and promoting human rights.

85. The Democratic Republic of the Congo invited Namibia to ratify the human rights

conventions to which it had agreed to accede in its first universal periodic review.

86. Denmark welcomed the acceptance by Namibia of recommendations to ratify the

Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or

Degrading Treatment or Punishment during its first universal periodic review, and

expressed the hope that concrete steps were being taken to honour that commitment.

87. Djibouti commended Namibia on its adoption in 2015 of the Child Care and

Protection Act.

88. Ecuador highlighted the measures taken by Namibia to combat poverty and

inequality, among them the plan entitled Vision 2030.

89. Egypt applauded the efforts made by Namibia in the area of economic and social

rights and called on the country to continue that progress.

90. Estonia called on Namibia to issue a standing invitation to the special procedure

mandate holders, to decriminalize defamation and to adopt all-encompassing freedom-of-

information legislation.

91. Ethiopia commended Namibia on the adoption of the National Human Rights Action

Plan 2015-2019.

92. Fiji welcomed the steps taken to provide accessible education to all, but noted that

for some minority groups, education was still costly.

93. France requested to know about measures that would be taken, if any, to address the

problems of abandonment of newborn babies and maternal mortality, in the light of the

prohibition on abortion.

94. Gabon welcomed the establishment of the Interministerial Committee on Human

Rights and Humanitarian Law.

95. Georgia encouraged Namibia to submit a mid-term report on the implementation of

universal periodic review recommendations, as it had done for the first cycle.

96. Germany noted that gender-based violence remained a serious concern, although

Namibia was committed to combating violence against women and children.

97. Ghana appreciated steps taken by Namibia to upgrade and improve conditions of

detention and welcomed the adoption of the first National Human Rights Action Plan.

98. Haiti thanked Namibia for its inclusive and comprehensive national report.

99. Honduras commended Namibia for the adoption of the National Gender Policy and

its plan of action, the Child Care and Protection Act and national plans on education.

100. Iceland noted with concern the criminalization of sexual activity between consenting

adults of the same sex.

101. India requested that Namibia share more details about the challenges being faced in

implementing Vision 2030, which was focused on improving the quality of life of

Namibians.

102. Indonesia stated that measures could be taken to prevent the exploitation of migrant

workers.

103. Iraq made a recommendation.

104. Kenya commended Namibia for the strengthening of the Office of the Ombudsman

and for efforts to provide free legal aid.

105. The delegation of Namibia stated that it had put in place several measures to reduce

poverty, with a view to eventually eradicating it. At a national conference on wealth

redistribution and poverty eradication, held on 26 October 2015, the President declared that

the first step in the fight against poverty was the recognition that all Namibians deserve a

dignified life. A dignified life, as articulated by the President, included decent employment,

shelter, water, sanitation, education and access to health care.

106. Research by the World Bank had shown that the Namibian budget was indeed pro-

poor. That was not only because of the generous social grants, but also because of the tax

system, which was progressive in nature. The delegation stated that the Government would

introduce a solidarity tax in the next budget through which it would call on every Namibian

earning an income above a certain threshold to make a contribution towards a fund that

would be earmarked for poverty eradication activities. Another form of solidarity tax under

consideration would be to entice owners of companies to dilute the shareholding to include

workers, thereby redistributing more of the company’s income downwards, instead of

upwards as is the case when shareholding is concentrated in the hands of a few.

107. Food banks would be established to bring hunger to a halt, especially in urban areas,

where there was no access to productive land. It was the pledge of the Government that no

child should go hungry “in the Namibian House”. Namibia could eradicate poverty by

2025, beating the global deadline of 2030.

108. A recommendation on extending a standing invitation to special procedure mandate

holders had not been supported during the first review because of the preference of the

Government to decide if and when such invitations should be extended. Namibia attached

great importance to the work of the special procedure mandate holders, and three mandate

holders had visited the country since the last review. Namibia was willing to consider

extending an invitation to any mandate holder and would render its usual support and

cooperation to the mandate holders concerned.

109. Legislation had been enacted to ensure consultation with, and the participation of,

indigenous peoples in decision-making processes relating to traditional sites and objects. In

that context, the delegation referred to the Traditional Authorities Act (Act No. 25 of 2000),

the Communal Land Reform Act (Act No. 5 of 200), the Forest Act (Act No. 12 of 2001),

the Environmental Management Act (Act No. 7 of 2007) and the National Heritage Act

(Act No. 27 of 2004).

110. In response to questions and recommendations on access to health care, on excessive

fees and on legal abortions, the delegation stated that both the public and private sectors

funded the health-care system. The public system provided services to the majority of the

population and was predominantly funded through general taxation, while the private

health-care system, which provided either comprehensive or partial health-care coverage,

was funded largely through employee and employer contributions. Namibia was close to

meeting its per capita spending goal on health, reaching 14.3 per cent in 2008/09, just short

of the 15 per cent target set in the Abuja Declaration on HIV/AIDS, Tuberculosis and Other

Related Infectious Diseases of 2001 All Namibians, without discrimination, had access to

health facilities across the country and there was no government policy authorizing any

official at any of those facilities to refuse anyone medical care, even when the person

concerned was unable to pay the minimal fee imposed. Senior citizens had access to all

public health-care facilities free of charge.

111. The delegation stated that Namibia was a product of the international community

and would continue to cooperate with the international community. Namibia was subject to

the resolution passed by the African Union in 2013 regarding the International Criminal

Court and would express its position under the auspices of the African Union. Namibia

intended to work with the African Union to find an amicable solution to this issue.

112. The Lao People’s Democratic Republic noted the progress made in promoting

freedom of expression, improving education, improving access to health-care services and

reducing poverty.

113. Latvia welcomed measures to address poverty, provide clean water, increase the

number of health facilities and ensure access to education.

114. Lebanon commended Namibia for its National Human Rights Action Plan and for

the progress made in terms of education, social policy and health.

115. Lesotho noted the initiatives taken by Namibia for the advancement of human rights

in the country.

116. Liechtenstein welcomed the programmes to combat gender-based violence and

encouraged Namibia to continue these efforts.

117. Libya welcomed the adoption of new laws in the field of human rights and the

efforts made in eradicating poverty.

118. Madagascar welcomed the legislative and institutional efforts made by Namibia,

particularly in setting up the Interministerial Human Rights and International Humanitarian

Law Committee.

119. Malaysia noted that Namibia had launched its National Human Rights Action Plan

2015-2019. It encouraged Namibia to continue its positive efforts in ameliorating the

standard of living of its people.

120. Mauritius noted the creation of a human rights division within the Namibian Police

Force. It encouraged Namibia to pursue the implementation of the National Human Rights

Action Plan 2015-2019.

121. Mexico welcomed the approval of the Child Care and Protection Act and recognized

the measures adopted to eradicate gender violence.

122. Montenegro asked Namibia to elaborate on the level of implementation of the

National Sanitation Strategy for the period 2010-2015.

123. Morocco welcomed the role played by the Ombudsman in ensuring that human

rights were a part of school curricula.

124. Mozambique noted the fact that Namibia was considering a draft bill that would

criminalize torture as a specific offence.

125. Myanmar welcomed measures taken to ensure the right to education for all children

and the abolishment of the compulsory parental financial contribution to the School

Development Fund.

126. The Netherlands noted the efforts made to combat HIV/AIDS, particularly the

progress in preventing mother-to-child transmission and in access to medications. It

expressed its willingness to share its experiences in developing a national action plan on

business and human rights.

127. Nicaragua highlighted the efforts to eliminate all forms of gender violence and to

achieve greater equality between men and women, and encouraged Namibia to continue

along this path.

128. The Niger welcomed the National Human Rights Action Plan 2015-2019, and

efforts to set up a ministry to address poverty and to promote social protection.

129. Nigeria commended Namibia for introducing poverty reduction programmes,

adopting legislation to increase employment, bringing about prison reforms, regulating the

wages of domestic workers, and replacing the High Court rules on immovable property.

130. Oman made recommendations.

131. Pakistan stated that the National Human Rights Action Plan 2015-2019, training for

police officials, the Electoral Act of 2014, the Employment Service Act of 2011 and the

National Gender Policy would further contribute to the protection and promotion of human

rights.

132. South Africa was encouraged by the efforts that Namibia had made to provide legal protection for women through its Constitution and legislation, its strides in good

governance and its impressive results in regard to primary school enrolment rates.

133. Tunisia noted progress that had been made since the first universal periodic review cycle, particularly the adoption of national plans for children and for gender equality, and

the creation of Ombudsman’s offices to deal with issues related to the media and to

children.

134. Brazil noted, as a good precedent for the follow-up to the recommendations, the

elaboration of the national report by an interministerial committee, in dialogue with civil

society. It suggested the integration of recommendations into domestic laws and policies.

135. The delegation of Namibia stated that Namibia had no national legislation directly

related to indigenous peoples and that the term “marginalized people” was used. One of

resolutions of the National Land Conference of 1991 had been that the land rights of

disadvantaged communities should receive special protection, with the San and other

marginalized communities receiving specific mention. The National Resettlement Policy of

2001 identified the San as a specific target group for resettlement, which was given

conditional rights in terms of hunting concessions.

136. The delegation of Namibia thanked all the other delegations for their participation in

the review. Their valuable input, comments and recommendations served as guidance for

bettering the lives of the people of Namibia.

II. Conclusions and/or recommendations

137. The following recommendations will be examined by Namibia, which will

provide responses in due time, but no later than the thirty-second session of the

Human Rights Council, in June 2016:

137.1 Consider ratifying the outstanding international human rights

instruments and further update their national laws to be in line with those

treaties (Lesotho);

137.2 Accelerate the process for the ratification of international human

rights instruments to which it is not yet a party (Benin); 1

137.3 Consider ratifying the International Convention on the Protection of

the Rights of All Migrant Workers and Members of Their Families

(Philippines);

**

The conclusions and recommendations have not been edited.

1 The recommendation made during the interactive dialogue was “Accelerate the process for the

ratification of international human rights instruments to which it is a party (Benin)”.

137.4 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Madagascar);

137.5 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Niger);

137.6 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Senegal);

137.7 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Turkey);

137.8 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Honduras);

137.9 Consider adhering to the International Convention on the Protection

of the Rights of All Migrant Workers and Members of Their Families

(Côte d’Ivoire);

137.10 Consider the ratification of the International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Indonesia);

137.11 Consider ratifying the 1990 International Convention on the

Protection of the Rights of All Migrant Workers and Members of Their

Families (Ecuador);

137.12 Ratify the International Convention on the Protection of the Rights of

All Migrant Workers and Members of Their Families (Ghana);

137.13 Accede to the international instruments to which it is not a party

(Congo);

137.14 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Portugal);

137.15 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Portugal);

137.16 Ratify the Convention against Torture and the optional protocol

thereto (Portugal);

137.17 That the necessary measures to ratify the Optional Protocol to the

Convention against Torture be adopted, in conformity with the commitments

made by Namibia during the first universal periodic review cycle (Chile);

137.18 Ratify the Optional Protocol to the Convention against Torture, as

previously recommended (Mauritius);

137.19 Ratify the Optional Protocol to the Convention against Torture

(Senegal);

137.20 Take measures towards the ratification of the Optional Protocol to

the Convention against Torture and Other Cruel, Inhuman or Degrading

Treatment or Punishment (Georgia);

137.21 Ratify the Optional Protocol to the Convention against Torture

(Honduras);

137.22 Ratify the Optional Protocol to the Convention against Torture

(Tunisia);

137.23 Ratify the Optional Protocol to the Convention against Torture

(Sweden);

137.24 Ratify the Optional Protocol to the Convention against Torture

(Congo);

137.25 Ratify the Optional Protocol to the Convention against Torture

(Estonia);

137.26 Ratify the Optional Protocol to the Convention against Torture

(Lebanon);

137.27 Ratify the Optional Protocol to the Convention against Torture

(The former Yugoslav Republic of Macedonia);

137.28 Intensify its efforts to ratify the Optional Protocol to the Convention

against Torture and Other Cruel, Inhuman or Degrading Treatment or

Punishment (Denmark);

137.29 Accede to the Optional Protocol to the Convention against Torture

(France);

137.30 Ratify the Optional Protocol to the Convention against Torture and

ensure a timely establishment of an effective national preventive mechanism

(Czech Republic);

137.31 Ratify the UNESCO Convention on discrimination in education

(Tunisia);

137.32 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Tunisia);

137.33 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Congo);

137.34 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Togo);

137.35 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Madagascar);

137.36 Ratify the International Convention for the Protection of All Persons

from Enforced Disappearance (Ghana);

137.37 Accede to the International Convention for the Protection of All

Persons from Enforced Disappearance (France);

137.38 Sign and ratify the International Convention for the Protection of All

Persons from Enforced Disappearance (Oman);

137.39 Adhere to the International Convention for the Protection of All

Persons from Enforced Disappearance (Uruguay);

137.40 Adhere to the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families (Uruguay);

137.41 Ratify the International Covenant on Economic, Social and Cultural

Rights (Madagascar);

137.42 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights (Montenegro);

137.43 Ratify the Optional Protocol to the International Covenant on

Economic, Social and Cultural Rights and opt in to the inquiry and inter-state

procedures (Slovakia);

137.44 Ratify the Optional Protocol to the Convention on the Rights of the

Child on a communications procedure (Montenegro);

137.45 Consider the ratification of the 1961 Convention on the Reduction of

Statelessness (Côte d’Ivoire);

137.46 Ratify the ILO Convention 189 (Philippines);

137.47 Ratify the Rome Statute of the ICC (Latvia);

137.48 Ratify the Kampala amendments to the Rome Statute of the ICC

(Estonia);

137.49 Ratify the Kampala amendments to the Rome Statute with a view to

contributing to the activation of the jurisdiction of the International Criminal

Court over the crime of aggression in 2017 (Liechtenstein);

137.50 Reconsider the country’s position on a possible withdrawal as a State

Party to the ICC Rome Statute (Austria);

137.51 Incorporate into the Constitution and the national legislation the

right to enjoy the highest standards possible of mental and physical health

(Egypt);

137.52 Update the constitutional provisions regarding the definition of a

child to be in harmony with the overall definition in the Convention on the

Rights of the Child (Kenya);

137.53 Expedite the adoption of pending bills such as the Child Care and

Protection Act, with a view to ensuring better protection for children against all

types of violence and abuses (Republic of Korea);

137.54 Take all necessary measures to effectively implement the Child Care

and Protection Act (Slovenia);

137.55 Ensure effective implementation and enforcement of the Child care

and Protection Act (United States of America);

137.56 Align the provisions of the nationality law with international human

rights standards so as to enable children born in the territory of Namibia whose

parents are unknown to acquire nationality of Namibia (Kenya);

137.57 Abolish laws and practices discriminating against women and girls

(Panama);

137.58 Abolish all harmful and discriminatory customary laws and practices

which are directed towards women and girls (Australia);

137.59 Take measures to review all relevant legislation with a view to end

discrimination against women and girls (Slovakia);

137.60 Expedite the enactment of existing Bills that would impact on the

enjoyment of women’s rights (Sierra Leone);

137.61 Step up efforts to eliminate discrimination against women and girls in

law and in practice also by adopting the pending Bills that have impact on the

enjoyment of women’s rights related to marriage, recognition of customary

marriage, procurement, marital property, divorce and intestate succession

(Slovenia);

137.62 Adopt, as soon as possible, the draft laws that promote the rights of

women in marriage, marital property and divorce (Uruguay);

137.63 Consider revising the Married Persons Equality Act of 1996 in a way

that eliminates discriminatory provisions against women, including those

affecting marriage, land ownership and inheritance rights (Republic of Korea);

137.64 Strengthen legislation to prohibit torture and ill-treatment as well

strengthen legislation against human trafficking (Zambia);

137.65 Expedite the process for drafting and adopting legislation on the

punishment of torture (Burundi);

137.66 Review civil laws with the view of putting an end to discrimination

against women and girls, in particular rights related to marriage and land

property (Turkey);

137.67 That legislative measures be adopted to make it possible to

harmonize the domestic legal system with the provisions of the Convention on

the Elimination of All Forms of Discrimination against Women, promulgating

legislative initiatives in process, aimed at ensuring equal legal status of men and

women (Chile);

137.68 Abolish all discriminatory customary laws and practices that violate

the rights of women, in accordance with international obligations under the

Convention on the Elimination of All Forms of Discrimination against Women

(Iceland);

137.69 Establish legislative measures to decriminalize sexual relations

among adults of the same sex (Spain);

137.70 Repeal provisions criminalizing sexual relations between consenting

adults of the same sex, to respect the principles of equality and non-

discrimination among all people (France);

137.71 Bring its legislation into conformity with its international human

rights obligations by repealing laws that criminalize sexual activity between

consenting adults of the same sex (Iceland);

137.72 Bring its law in conformity with its international human rights

obligations by repealing all laws which result in, or are likely to result in the

discrimination, prosecution and punishment of people solely for their sexual

orientation or gender identity (Netherlands);

137.73 Adopt the necessary measures aiming at eliminating the normative

provisions which criminalize and discriminate against LGBTI persons

(Argentina);

137.74 Continue to strengthen their national legislation into line with

international human rights instruments to which it is a party (Nicaragua);

137.75 Implement the Rome Statute of the International Criminal Court

including through adopting appropriate national legislation, so as to ensure full

cooperation with the ICC and effective investigation and prosecution of

genocide, crimes against humanity and war crimes before its national courts

(Czech Republic);

137.76 Continue its efforts in drafting the Human Trafficking Legislation,

with the active participation of the civil society (Indonesia);

137.77 Elaborate and enact the anti-trafficking legislation in line with

international norms and standards (Ukraine);

137.78 Continue to strengthen its human rights institutions and develop

additional measures to ensure the effective implementation of their mandate

(Lesotho);

137.79 Create a national governmental independent mechanism in charge of

the supervision of human rights policies (Morocco);

137.80 Strengthen the capacities of the Ombudsman office (Haiti);

137.81 Strengthen existing mechanisms within its institutional infrastructure

to eradicate discriminatory, cultural or based on customary laws, practices to

the detriment of women, children, minorities and LGBT groups (Honduras);

137.82 Continue to implement the National Human Rights Action Plan 2015-

2019 (Pakistan);

137.83 Adopt and implement a national action plan on gender-based

violence with the support from all sectors within the society, including the

judiciary (Sweden);

137.84 Adopt and develop a comprehensive national action plan that

addresses traditional harmful practices and gender-based violence against

women and girls (Botswana);

137.85 Adopt a National Action Plan to implement the UN Guiding

Principles on Business and Human Rights (Netherlands);

137.86 Develop an instrument to monitor the implementation and

verification of the recommendations from the previous and current universal

periodic reviews, paying special attention to the ratification of international

human rights instruments which are pending, including the Optional Protocol

to the Convention against Torture (Costa Rica);

137.87 Launch a comprehensive national policy to universalize the right to

civil registration, considering its pivotal role to ensure the realization of other

human rights, including to an adequate standard of living (Brazil);

137.88 Further strengthen its successful land reform and resettlement

program, which grants land to historically disadvantaged groups (Bolivarian

Republic of Venezuela);

137.89 Continue implementing its agrarian reform policy and resettlement

program by giving land to groups who have been historically disadvantaged

(Cuba);

137.90 Pursue its land reform and resettlement program in order to enable

underprivileged persons to have access to land, given that the right to land is a

fundamental human right (Angola);

137.91 Continue Government’s efforts with its land reform and resettlement

programme, both at the rural and urban level (South Africa);

137.92 Implement effectively the Green Scheme, the San Development, Land

distribution, the Mass Housing Programme, Water Supply and Sanitation, Safe

drinking water, and Equipment Aid Scheme to SMEs (Democratic People’s

Republic of Korea);

137.93 Maintain efforts to protect the rights of vulnerable groups,

considering their specific needs and capabilities, through the empowerment of

their rights, and fair reparation mechanisms (Ecuador);

137.94 Continue its efforts to promote human rights in all spheres, in

particular in regard to protecting the victims of violence (Iraq);

137.95 Step up human rights education for traditional authorities

(Costa Rica);

137.96 Implement awareness-raising campaigns to educate individuals and

traditional authorities on the violation of rights by harmful and discriminatory

customary laws and practices, in particular on the need to ensure that these do

not violate the rights of women and children (Latvia);

137.97 Strengthen efforts on youth development and empowerment

(South Africa);

137.98 Strengthen its cooperation with treaty bodies (Niger);

137.99 Submit overdue reports to the relevant treaty bodies (Sierra Leone);

137.100 Make effort to submit outstanding human rights reports to relevant

bodies (Ethiopia);

137.101 Extend a standing invitation to the Special Procedures of the Human

Rights Council (Turkey);

137.102 In the spirit of ongoing cooperation between the United Nations and

Namibia, extend an open and standing invitation to the United Nations special

procedures (Chile);

137.103 While acknowledging the efforts to cooperate with special

procedures, consider issuing a standing invitation to the special procedures

mandate holders (Georgia);

137.104 Extend a standing invitation to all special procedure mandate holders

of the Human Rights Council (Germany);

137.105 Extend a standing invitation to the Special Procedures of the Human

Rights Council (Panama);

137.106 Extend a standing invitation to the Special Procedures of the Human

Rights Council (Portugal);

137.107 Extend a standing invitation to all Special Procedure mandate

holders (Latvia);

137.108 Continue to take steps in order to ensure the full equality between

men and women and to combat all forms of discrimination against women

(Romania);

137.109 Continue to promote equality between men and women in the

application of their national legislation and the implementation of public

policies (Nicaragua);

137.110 Continue to promote the empowerment of women and their

participation in society (Nicaragua);

137.111 Take all necessary measures to eliminate discrimination against

women and girls, particularly in relation to marriage, land ownership and

inheritance rights (Mexico);

137.112 Double efforts towards gender equality and the empowerment of

women through education and skills training (Malaysia);

137.113 Remove existing barriers to the full participation of women in

economic life so as to further reduce poverty and inequality (Germany);

137.114 Work to eliminate traditional practices and repeal laws detrimental

to women and girls (Haiti);

137.115 Make further efforts to end discrimination, domestic violence and

violence in schools against women (Oman);

137.116 Continue to pay close attention to the full realization of the rights of

women and girls (Portugal);

137.117 Intensify efforts aimed at accelerating the elimination of

discrimination against women and promoting gender equality, including

through the development of the proposed national database on gender-based

violence (State of Palestine);

137.118 Implement awareness-raising campaigns and education programs,

working closely with traditional authorities, to promote and protect the rights

of women and girls (Australia);

137.119 Implement policies dealing with the stigma and discrimination

against people living with HIV/AIDS (South Africa);

137.120 Ensure the issuance of birth registration documents for all children

born on its territory (Romania);

137.121 Expedite efforts to ensure that a birth certificate is issued free of

charge for all children without discrimination, including children born in rural

and poor areas (Turkey);

137.122 Ensure the registration of all new born as a way to generate reliable

statistics and data (Mexico);

137.123 Continue to encourage the immediate registration of newly born

children, and introduce mechanisms to ensure that the absence of a parent does

not prevent the registration of the child concerned (Uruguay);

137.124 Raise the minimum age of criminal responsibility in accordance with

general comment No. 10 (2007) of the Committee on the Rights of the Child

(Uruguay);

137.125 Develop a comprehensive national strategy to prevent all forms of

violence against children, with particular attention to its gender dimension

(Ukraine);

137.126 Fully implement and enforce laws on elimination of violence against

children (Ukraine);

137.127 Continue to promote the rights of children by fighting effectively

against corporal punishment (Djibouti);

137.128 Prohibit all corporal punishment of children, including in the home

(Estonia);

137.129 Prohibit corporal punishment of children in all settings (Tunisia);

137.130 Improve mechanisms of legal and social protection of children

against sexual violence (Lao People’s Democratic Republic);

137.131 Take further steps to eliminate harmful practices, and to abolish

child, early and forced marriages (Sierra Leone);

137.132 Continue to take steps to ensure the full and effective implementation

of its Child Care and Protection Act to guard against all forms of child abuse

(Singapore);

137.133 Explicitly prohibit traditional practices that put at risk the physical

and psychological integrity of women and girls (Argentina);

137.134 Strengthen measures aimed at eliminating all forms of gender-based

violence (Zambia);

137.135 Continue efforts to combating customary practices which tolerate

gender-based violence and discrimination against women (Algeria);

137.136 Step up its efforts in eliminating all forms of violence against women

and girls and in that context improve the national legislation in accordance

with relevant international human rights standards (The former Yugoslav

Republic of Macedonia);

137.137 Take measures to prevent all incidents of violence against women, in

particular in rural areas; and ensure effective interventions by law enforcement

officials responding to allegations of violence committed by intimate partners;

and prosecute perpetrators (Canada);

137.138 Strengthen the legal framework to prevent and combat violence

against women and domestic violence (Serbia);

137.139 Ensure that all cases of violence against women and girls are

investigated and that perpetrators are brought to justice (Slovenia);

137.140 Ensure appropriate protection is offered to the victims of gender-

based violence including enabling them to seek police assistance, leading to

prosecution of the perpetrators as appropriate (United Kingdom of Great

Britain and Northern Ireland);

137.141 Allocate the resources necessary for the full implementation of the

Zero Tolerance Campaign against Gender Based Violence (Canada);

137.142 An effective implementation of the combating of the domestic

violence act to reduce gender-based violence (China);

137.143 Increase efforts to fight against gender violence by fully

implementing the “National Gender Policy” and the national action plan

against gender violence 2012-2016, and by ensuring that perpetrators are

brought to justice (France);

137.144 Effectively implement the Zero Tolerance Campaign and key

interventions of the National Human Rights Action Plan 2015 with regard to

gender-based violence (Germany);

137.145 Continue its efforts to combat violence against women and children

at the national level, as previously recommended (Germany);

137.146 Redouble efforts in addressing gender-based violence, with the

support of the international community (Mozambique);

137.147 Strengthen collaboration with the relevant stakeholders to address

the causes of gender-based violence (Singapore);

137.148 Adopt further measures to combat violence and sexual abuse against

girls and women, as well as violence and discrimination based on sexual

orientation (Brazil);

137.149 Take all relevant measures to fight against sexual violence and bring

perpetrators to justice (Togo);

137.150 Enforce legislation to prevent sexual violence and sexual exploitation

(Uzbekistan);

137.151 Allocate adequate funding and provide necessary human resources to

fully implement policies and programmes aimed at eradicating all forms of

gender-based violence (Philippines);

137.152 Redouble its efforts to enforce the relevant legislation such as the

Combating of Rape Act to eliminate all forms of gender-based violence, and

continue the ongoing efforts to address the root causes and contributing factors

of the violence (Republic of Korea);

137.153 Take steps to improve prison conditions and, particularly, ensure

that adults and minor prisoners are separated at all times (Australia);

137.154 Ensure that minors are protected in prison, including by separating

them from adults (Djibouti);

137.155 Adopt provisions to ensure that detained children are always held

separately from adults (Sweden);

137.156 Take measures to ensure that children are housed in separate

facilities from adults in cases of detention (Trinidad and Tobago);

137.157 Ensure all juvenile offenders are housed separately from adult

prisoners in Correctional Facilities (United Kingdom of Great Britain and

Northern Ireland);

137.158 Take additional measures to address issues of overcrowding in its

prisons in compliance with international standards (Ghana);

137.159 Improve health, sanitation and habitability conditions in prisons,

including a decrease in overcrowding (Spain);

137.160 Combat and address the worst forms of child labour by punishing

offenders and by conducting research on the prevalence of child labour (United

States of America);

137.161 Take all measures to eradicate child labour, particularly in the

informal sector and rural areas (Uzbekistan);

137.162 Intensify its efforts in the area of prevention and fight against

trafficking in particular girls and children in situation of vulnerability

(Honduras);

137.163 Continue efforts in the prevention of human trafficking, with special

attention to investigation and prosecution of all cases of sale and trafficking of

children (Serbia);

137.164 Strive to reduce the timelines before the Courts and to expedite

rulings (China);

137.165 Provide resources to introduce case management systems in both

criminal and civil court registries to clear the backlog of cases and set out the

times lines for the disposal of cases in accordance with the rights of every

person to trial and justice within a reasonable time (Fiji);

137.166 Ensure that Namibia’s juvenile justice system is in line with

international standards (Botswana);

137.167 Raise the age of criminal responsibility so that it complies with

international standards, create an effective juvenile justice system and provide

separate detention and prison facilities for juvenile offenders and appropriate

training for personnel working in the juvenile justice system (Czech Republic);

137.168 Ensure that members of the security forces responsible for violations

of human rights are brought to justice, and improve prison conditions

(France);

137.169 Consider establishing legal assistance offices in order to assist those

who cannot afford the services of a private lawyer (Haiti);

137.170 Ensure that women — in particular women pursuing divorce or

having experienced gender-based violence — have effective access to justice in

all parts of the country (Liechtenstein);

137.171 Establish a prosecution mechanism for perpetrators of violence

against women and girls (Turkey);

137.172 Ensure that all cases of violence against women and girls are

thoroughly and effectively investigated and that perpetrators are prosecuted

ex officio and adequately punished (Liechtenstein);

137.173 Continue efforts to strengthen the capacity and compatibility

between the investigation and prosecution of cases (South Sudan);

137.174 Establish mobile courts especially in the rural areas (Uganda);

137.175 Establish a mechanism under which victims of gender-based violence

can file for protection orders in towns and villages where there is no magistrate,

and under which protection orders can be filed outside of designated court

hours (United States of America);

137.176 Regarding the “Caprivi” trial provide adequate compensation for the

35 persons acquitted who had spent long periods in remand detention

(Austria);

137.177 Continue to support the family which is one of the main actors in

achieving sustainable development goals in any state (Russian Federation);

137.178 Continue its work in upholding family as the basic social institution

and in the protection of its rights (Bangladesh);

137.179 Enhance the law on the freedom of the media and promulgate laws

on the freedom of expression (Lebanon);

137.180 Continue the practice of holding public meetings with senior

authorities in the country, so that persons from the communities can have

access to higher authorities and participate in the process of seeking solutions

and decision-making (Cuba);

137.181 Enhance the participation of grass-roots people in decision-making

processes regarding their welfare (Zimbabwe);

137.182 Increase poverty reduction and development policies that promote

the participation of vulnerable groups in decisions regarding their rights and

interests (Mexico);

137.183 Make progress in the effective realization of human rights to safe

drinking water and sanitation through increasing the public water

infrastructures, particularly in rural areas and in informal urban settlements,

through the adequate training and awareness-raising on sanitation of the local

communities who benefit from these services (Spain);

137.184 Ensure access to clean water supply and proper sanitation

(Malaysia);

137.185 Continue to undertake measures to eliminate poverty and combat

unemployment (Sri Lanka);

137.186 Strengthen the mechanism to fight against poverty, especially

encouraging programmes aimed at child malnutrition (Turkey);

137.187 Accelerate ongoing efforts to address the root causes of poverty and

hunger so as to uplift the living standards of the poor (Zimbabwe);

137.188 Continue its efforts towards reducing poverty through continuing

setting up programs aimed at this purpose (Libya);

137.189 Further strengthen the successful implementation of the Vision 2030

Strategic Plan, in the fight against poverty (Bolivarian Republic of Venezuela);

137.190 Continue to promote access to health (Pakistan);

137.191 Issue clear directives to health officials to prohibit the sterilization of

women living with HIV/AIDS without their informed consent (Canada);

137.192 Implement policies and programmes aimed at preventing HIV/AIDS

infections (Oman);

137.193 Intensify the efforts in fighting against HIV/AIDS, in particular, to

improve access to health-care services in rural areas (Ukraine);

137.194 Continue to strengthen the appropriate health care provided to

women, in particular in rural areas (Egypt);

137.195 Strengthen the capacities of health infrastructures in rural and

remote areas (Haiti);

137.196 Ramp up the quality and access to health care and legal services in

rural areas (Trinidad and Tobago);

137.197 Mitigate the lack of qualified and experienced healthcare

professionals by putting in place a national training strategy in the medical and

paramedical branches (Morocco);

137.198 Continue efforts to ensure universal access to quality education and

health care (Uzbekistan);

137.199 Continue to further enhance access to education and health services

in rural areas (State of Palestine);

137.200 Take the necessary measures to guarantee the right to schooling for

all children (Algeria);

137.201 Consolidate efforts made to ensure access to education for all citizens

without discrimination (Egypt);

137.202 Continue efforts to achieve universal primary education in line with

the vision of the National Plan of “Education for all” (Sri Lanka);

137.203 Continue to develop its National Safe School Framework to provide a

safe environment for students to receive a good education that is free from

harassment, aggression and bullying (Singapore);

137.204 That Namibia’s education policies which were designed for

inclusivity, be evaluated by the Government for effectiveness in relation to

access and affordability for minority cultural groups (Fiji);

137.205 Ensure equal access to education for all children (Portugal);

137.206 Continue its efforts to ensure the right to education for all people

(Myanmar);

137.207 Continue to strengthen the educational system and ensure equal

access of disabled children to education (Lao People’s Democratic Republic);

137.208 Consider introducing civic and human rights education in the school

curriculum (Ethiopia);

137.209 Take the necessary measures aimed at preventing discrimination

against children with disabilities, children living in extreme poverty and street

children (Oman);

137.210 Take steps to improve the access of persons with disabilities to

various services (Trinidad and Tobago);

137.211 Take appropriate measures to ensure the rights of persons with

disabilities including through proper infrastructure and facilities that can

accommodate their needs in schools and in the workplace (Malaysia);

137.212 Take necessary measures to fight against discrimination against

people from minority ethnic communities (France);

137.213 Protect fully the human rights of persons belonging to minorities

including their rights to water, sanitation, land, education and health as well as

access to all public services in an equal and just manner (Portugal);

137.214 Promote the effective access to basic social services for the indigenous

minority including San and Himba on an equal footing with the rest of the

society, as well as rapid adoption and effective implementation of the “White

Paper on Indigenous Rights” drafted by the Ombudsman Office (Spain);

137.215 Take effective measures to eliminate discrimination against the

children of indigenous peoples, in particular the Himba and San communities

(Uzbekistan);

137.216 Continue with the projects and programs for the protection of

indigenous communities, particularly in the field of education of their children

(Bolivarian Republic of Venezuela);

137.217 Continue efforts to improve the access to adequate land by ethnic

minority groups who have been deprived of their original lands (Austria);

137.218 Facilitate the access of ethnic minority group children to education

for instance by allowing them to attend school in their traditional dress or by

providing them with free school uniforms (Austria);

137.219 Continue enhancing the project and programmes aimed at ensuring

the protection and the rights of indigenous communities (Democratic People’s

Republic of Korea).

138. All conclusions and/or recommendations contained in the present report reflect

the position of the submitting State(s) and/or the State under review. They should not

be construed as endorsed by the Working Group as a whole.

Annex

Composition of the delegation

The delegation of Namibia was headed by Honourable Dr. Albert Kawana, Minister

of Justice and composed of the following members:

• H.E. Mrs. Sabine Böhlke-Möller – Ambassador/Permanent Representative of

Namibia to the United Nations in Geneva and other International Organizations in

Switzerland, Alternate Head of Delegation

• Mr. Jens Prothmann – Deputy Director, Ministry of International Relations and

Cooperation, Delegate

• Mr. Simataa Limbo – Chief Legal Office, Ministry of Justice, Delegate

• Mrs. Gladice Pickering – Legal Attaché, Permanent Mission of the Republic of

Namibia to the United Nations and Geneva, Delegate

• Mr. Christian Harris – Snr. Legal Officer, Ministry of Justice, Delegate

• Ms. Isabella Rajala – Intern, Permanent Mission of the Republic of Namibia to the

United Nations and Geneva, Delegate