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International Covenant on Civil and Political Rights; and Entry Into Force on 28 February 1995 of the International Covenant on Economic, Social and Cultural Rights)

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International Covenant on Civil and Political Rights; and Entry Into Force on 28 February 1995 of the International Covenant on Economic, Social and Cultural Rights) UNITED CCPR NATIONS International covenant Distr. on civil and GENERAL political rights CCPR/C/NAM/2003/1 4 November 2003 Original: ENGLISH HUMAN RIGHTS COMMITTEE CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT Initial report NAMIBIA* [15 October 2003] * This report is issued unedited, in compliance with the wish expressed by the Human Rights Committee at its sixty-sixth session in July 1999. GE.03-44828 (E) 200104 CCPR/C/NAM/2003/1 page 2 CONTENTS Paragraphs Page ABBREVIATIONS ....................................................................................................... 6 PART I LAND AND PEOPLE .............................................................................. 1 - 19 8 A. The land ............................................................................... 1 - 5 8 B. The people ........................................................................... 6 - 19 9 Population size and growth .......................................... 6 - 7 9 Some characteristics of Namibia’s population ............. 8 9 Population distribution and density .............................. 9 - 11 10 Non-Namibians ............................................................ 12 11 Age/sex structure .......................................................... 13 - 14 11 Demographic characteristics ........................................ 15 - 19 12 SOCIAL CHARACTERISTICS OF THE POPULATION ..................... 20 - 32 12 Housing and household characteristics ........................................ 20 - 23 12 Language groups .......................................................................... 24 13 Marital status ................................................................................ 25 13 Education ...................................................................................... 26 - 27 13 Disability ...................................................................................... 28 - 29 14 Human development and poverty ................................................. 30 - 32 14 Trends in key indicators ............................................................... 30 - 32 14 ECONOMIC CHARACTERISTICS ....................................................... 33 - 36 15 GROSS NATIONAL PRODUCT ............................................................ 37 - 100 16 Size and structure of the economy ................................................ 37 - 41 16 Rate of inflation ............................................................................ 42 - 47 17 Literacy rate .................................................................................. 48 18 CCPR/C/NAM/2003/1 page 3 CONTENTS (continued) Paragraphs Page Religion ........................................................................................ 49 19 External debt ................................................................................. 50 - 51 19 Summary of Namibia’s external debt ........................................... 52 - 60 19 Early contact with European traders and missionaries ................. 61 - 66 22 Physical extermination of the indigenous population and gross violation of human rights .................................................... 67 - 69 23 Colonial period ............................................................................. 70 - 71 23 The mandate system ..................................................................... 72 - 74 24 The trusteeship system and the role of the United Nations .......... 75 - 80 24 Suppression of political activities and the launching of the armed struggle .............................................................................. 81 - 100 26 CONSTITUTIONAL BILL OF RIGHTS ................................................ 101 - 115 30 Post independence and the new constitutional framework ........... 101 30 Entrenchment of fundamental human rights and basic freedoms ....................................................................................... 102 - 109 30 Legality ......................................................................................... 110 - 111 32 Natural justice ............................................................................... 112 - 115 32 INTERNATIONAL, REGIONAL AND MUNICIPAL LEGAL FRAMEWORK WITHIN WHICH HUMAN RIGHTS ARE PROTECTED ........................................................................................... 116 - 120 33 International and regional instruments ......................................... 116 - 119 33 Municipal judicial practice in protecting human rights ................ 120 34 GOVERNMENTAL DEPARTMENTS ................................................... 121 - 126 34 The Office of the Ombudsman ..................................................... 121 - 123 34 The Directorate of Legal Aid ........................................................ 124 - 126 34 CCPR/C/NAM/2003/1 page 4 CONTENTS (continued) Paragraphs Page NON-GOVERNMENTAL ORGANIZATIONS (NGOs) ....................... 127 - 136 35 Legal Assistance Centre ............................................................... 127 - 130 35 Namibia Institute for Democracy ................................................. 131 - 133 36 National Society for Human Rights .............................................. 134 37 The Human Rights and Documentation Centre (HRDC) ............. 135 - 136 37 INDIVIDUAL REMEDIES FOR THE VIOLATION OF HUMAN RIGHTS .................................................................................... 137 - 143 37 FURTHER MEASURES TO CREATE AND SUSTAIN A CULTURE OF HUMAN RIGHTS RESPECT ........................................ 144 - 156 39 REPORT ON THE STATUS OF HUMAN RIGHTS IN NAMIBIA POST THE 1994 VIENNA CONFERENCE ........................................... 157 - 176 41 PART II THE SUBSTANTIVE RIGHTS RECOGNIZED UNDER RELEVANT ARTICLES ......................................................................... 177 - 386 44 Article 1 ........................................................................................ 177 - 185 44 Article 2 ........................................................................................ 186 - 198 46 Article 3 ........................................................................................ 199 - 225 48 Article 4 ........................................................................................ 226 - 228 55 Article 5 ........................................................................................ 229 - 232 56 Article 6 ........................................................................................ 233 - 250 57 Article 7 ........................................................................................ 251 - 257 60 Article 8 ........................................................................................ 258 - 262 61 Article 9 ........................................................................................ 263 - 264 63 Article 10 ...................................................................................... 265 - 275 63 Article 11 ...................................................................................... 276 - 278 65 CCPR/C/NAM/2003/1 page 5 CONTENTS (continued) Paragraphs Page Article 12 ...................................................................................... 279 - 292 66 Article 13 ...................................................................................... 293 - 298 69 Article 14 ...................................................................................... 299 - 302 70 Article 15 ...................................................................................... 303 72 Article 16 ...................................................................................... 304 - 305 72 Article 17 ...................................................................................... 306 - 308 73 Article 18 ...................................................................................... 309 - 313 74 Article 19 ...................................................................................... 314 - 320 75 Article 20 ...................................................................................... 321 - 330 77 Article 21 ...................................................................................... 331 - 335 79 Article 22 ...................................................................................... 336 - 340 80 Article 23 ...................................................................................... 341 - 356 81 Article 24 ...................................................................................... 357 - 363 83 Article 25 ...................................................................................... 364 - 368 85 Article 26 ...................................................................................... 369 - 382 87 Article 27 ...................................................................................... 383 - 386 89 CCPR/C/NAM/2003/1 page 6 ABBREVIATIONS CEDAW Convention on the Elimination of All Forms of Discrimination Against Women CSO Central Statistics Office EC FUND Employees’ Compensation Fund EPZ Export Processing Zone FAO Food and Agriculture Organization of the United Nations GDP Gross Domestic Product GNP Gross National Product HDI Human Development Index (of the United Nations Development Programme) HDR Human Development Report HRDC Human Rights and Documentation Centre (of Faculty of Law, University of Namibia) ICESCR International Convention on Economic,
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