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Promoting Democracy and Good Governance

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Promoting Democracy and Good Governance State Formation in Namibia: Promoting Democracy and Good Governance By Hage Gottfried Geingob Submitted in accordance with the requirements for the degree of Doctor of Philosophy The University of Leeds School of Politics and International Studies March 2004 The candidate confirms that the work submitted is his own and that appropriate credit has been given where reference has been made to the work of others. This copy has been supplied on the understanding that it is copyright material and that no quotation from the thesis may be published without proper acknowledgement. encourage good governance, to promote a culture of human rights, and to build state institutions to support these policies have also been examined with a view to determining the nature of the state that evolved in Namibia. Finally, the study carries out a democratic audit of Namibia using Swedish normative tools. 1 Acknowledgements The last few years have been tumultuous but exciting. Now, the academic atmosphere that provided a valuable anchor, too, must be hauled up for journeys beyond. The end of this most enjoyable academic challenge has arrived, but I cannot look back without a sense of loss - loss of continuous joys of discovery and academic enrichment. I would like to thank my supervisor, Lionel Cliffe, for his incredible support. In addition to going through many drafts and making valuable suggestions, Lionel helped me endure this long journey with his sustained encouragement. I also thank Ray Bush for going through many drafts and making valuable comments. He has an uncanny ability to visualize the final outcome of research effort. Many others at the University of Leeds' School of Politics and International Studies also helped me crystallize my research approach. I would particularly like to mention Morris Szeftel and David Beetham for their support. I thank Niraj Duggal for his help with bibliographical research and genuine critiques that consistently helped me remain rooted in the reality of Africa without suppressing the dreams of greatness for Namibia. I also thank Peter Katjavivi, Andre du Pisani, Mohamed El Toukhy and Bill Lindeke, all of the University of Namibia, for their valued comments on earlier drafts. Staff members of the National Library of Namibia (particularly Werner Hillebrecht) and the National Archives were most helpful in facilitating access to their databases and material. Kazenambo Kazenambo and George Simataa provided constant encouragement. I also greatly appreciate Salome Gaoas and Tania Hangula's support. In their spare time, they helped with typing whenever needed. Tara Lindeke proofread the final draft. I would like to thank the most important people in my life, my family. Thank you mother for giving me eternal hope and for being a constant source of strength. You gave me roots and wings. I regret that you died before I was fully able to spread my wings. Thank you 2 Loine, my wife, for your unrelenting support through many hours and days of my striving to balance the demands of political and academic responsibilities with those of the family. Above all, thank you Hage Junior, Dangos, Nangi and Oshoveli for breaking the monotony of work with your laughter and pranks. Thank you Loine, Hage Junior, Dangos, Nangi and Oshoveli for giving me a lifetime worth of precious memories. 3 Abstract This dissertation examines significant events in the process of state fonnation in Namibia and provides an insight into the role played by various actors involved in shaping the evolution of Namibia as a state, such as the Namibians, their liberation movement SWAPO, successive colonizing powers (Gennany and South Africa), OAU, the Frontline States, the international community, and particularly the United Nations. It is argued that the international actors' role in the process of state fonnation in Namibia was driven by their desire to ensure their continued influence in Namibia for their own benefit. Self­ interest of the West in Namibia was driven by the geopolitical imperatives of the cold war, and preserving western economic interests. In Namibia, which was a settler colony, self-interest also gained a racial dimension as the West sought to protect the interests of white settlers. The case is made that impetus to resolve the Namibian question had to await a number of streams coming together - the disintegration of the Soviet Union changed the complexion of geopolitics; deeper involvement of the Cubans in Angola threatened South Africa; Constitutional Principles put forward by the Western Five (U.S.A., the United Kingdom, Gennany, Canada, and France) ensured continued protection of the economic interests of the West and the protection of the interests of the settlers; and success of Namibians' struggle at the international fora and on the battlefield catalyzed the coming together of various streams. This constellation of events ensured Namibia's independence in 1990. The study also examines how Namibians sought to build a reconciled society out of ethnically and racially stratified, diverse and often antagonistic groups. This process was begun with the drafting of the constitution by the Constituent Assembly. The first government's initiatives to promote democracy and a policy of reconciliation, to improve the life condition of the previously disadvantaged groups through affinnative action, to 4 encourage good governance, to promote a culture of human rights, and to build state institutions to support these policies have also been examined with a view to determining the nature of the state that evolved in Namibia. Finally, the study carries out a democratic audit of Namibia using Swedish normative tools. 5 Table of Contents Chapter One Introduction Page 7 Background 7, Research Questions 13, Research Methodology 15, Significance of the Study 16, Definitions 16, Researcher's Personal Interest 16, Literature Survey 19, Thesis Outline and Themes 20. Chapter Two Impact of External Political Forces on Namibia's Colonial History Page 31 Introduction 31, Namibia Under German Colonial Rule 33, Mandate for South West Africa 36, The 1950 Advisory Opinion of the International Court of Justice 41, South West Africa Cases 43, The Creation of SWAPO 47, Revocation of the Mandate 49, Support of the OAU, NAM and Socialist Countries 51, Creation of the United Nations Council for Namibia 54, Decree No. 1 56, Terrorism Trial 59, Involvement of the United Nations Security Council 61, Coup in Portugal 65, Loss of South Africa's Buffer States and the Changing Geopolitical Situation 68, Conclusion 72. Chapter Three The Process of Implementation of Security Council Resolution 435 Page 75 Introduction 75, Recognition of SWAPO - A New Militancy at the OAU 77, Response of the West 79, Actions of the Frontline States 84, South Africa's Response 85, Western Contact Group's Initiatives and Plan for the Independence of Namibia 87, Reagan Administration's Support of South Africa 91, The Linkage Issue 93, United States Diplomatic Initiatives in the 1980s 96, Constitutional Principles 98, Cuba Raises Stakes 99, South Africa's Defeat at Cuito Cuanavale 103, Implementation of Security Council Resolution 435 106, SWAPO Wins the Election 111, Conclusion 112. Chapter Four Drafting of Namibia's Constitution Page 115 Introduction 115, Compromising of Vision by Different Interest Groups 117, Drafting of Namibia's Constitution 120, Acceptance of Constitutional Principles 121, Acceptance of SWAPO's Draft Constitution as the Working Draft 124, Executive vs. Ceremonial Presidency 127, Organization of the Legislature 131, Bill of Rights 134, The Electoral System 137, Procedure for Amending the Constitution 141, Adoption of the Constitution 142, Constitutional Provisions and Personality Issues 144, Conclusion 146. Chapter Five State Formation and Consolidation: The Forming of a Government Page 149 6 Introduction 149, The Nature of Postcolonial State in Africa 151, State Fonnation in Namibia 161, Transition to Independence 165, Creating a Civil Service for the Independent State 167, Conclusion 190. Chapter Six State Formation and Consolidation: Strengthening the Institutions of State Page 193 Introduction 193, Namibia's Challenges 196, The Challenge of Reconciliation 197, Affmnative Action 205, The Age of Democracy 219, Democratic Transition in Namibia 221, Media Freedom 228, Civil Society 232, Decentralisation 243, Anti­ corruption Initiatives 253, Namibia's Anti-corruption Efforts 259, Threats to Democracy 264, Democratic Audit 267, Conclusion 280. Chapter Seven Conclusion Page 283 Bibliography Page 289 Abbreviations Page 311 7 Chapter One Introduction Curiosity and necessity are the primary motives underlying human inquiry. Either we seek to understand the world around us for the sake of knowledge, or we seek to understand it so that we may protect or better our lot in it. Whichever is the case, our knowledge often brings with it, at least potentially, a recognition of certain ways to improve upon things as they are. Jarol B. Manheim and Richard C. Rich} Background I undertook this research more out of necessity than out of curiosity. As Manheim and Rich point out, knowledge gained from research helps us unearth problems and at the same time helps us "improve upon things as they are" -- in other words knowledge gained through research helps us identify problems and find solutions to the problems. My objective in undertaking this research was to seek out problems, challenges and opportunities for Namibia in the areas of state formation, including strengthening democracy and good governance. State formation is impacted by history. In Africa, slave trade and colonialism all but destroyed traditional social and political institutions. States that began to emerge during the colonial era were transplants from Europe, and their structures were designed to exploit the continent's resources, both material and human, for the benefit of the metropolitan country. In other words, the history of colonialism in Africa has been the history of exploitation of the continent by European empires in their own struggle for supremacy through expanding their territorial conquests, controlling maritime traffic, acquiring new sources of raw materials, and finding new markets for their goods.
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