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2006 Annual Report

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2006 Annual Report LEGAL ASSISTANCE LACCENTRE YEARS at THE HELM OF 18HUMan rigHts IN NAMIBIA We, the Legal Assistance Centre, being a public interest N law centre, collectively strive to make the law accessible O to those with the least access, through education, law reform, research, litigation, legal advice, representation and lobbying, with the ultimate aim of creating and Missi maintaining a human rights culture in Namibia. CONTENTS Foreword.....................................................................................................3 Overview of 2006...................................................................... 4-5 Trustees and staff..................................................................... 6-7 Opinions from outside.............................................................8 Putting life first.................................................................................9 Activities.of.the.AIDS.Law.Unit.(ALU) Answering the land question..........................................13 Activities.of.the.Land,.Environment.and.Development.(LEAD).Project Reshaping the legal landscape for women and children.................................................................18 Activities.of.the.Gender.Research.and.Advocacy.Project.(GR&AP) Making rights real........................................................................26 Activities.of.the.Human.Rights.and.Constitutional.Unit.(Huricon) Taking legal services to the regions........................30 Activities.of.the.Community.Paralegal.Vonunteer.Training.Project.(CPVTP) Providing a vital tool of the law trade.................32 Update.on.The.Namibian.Law.Report Donors make it possible............................................ 33-34 An.abbreviated.Financial.Report Giving the nation information.............................. 34-35 A.glance.at.LAC.publications.of.2006.and.earlier 2 LAC 2006 LAC 2006 FOREWORD fearless, consistent LAT Chairperson Adv. Dave Smuts, SC ‘watchdog’ he Legal Assistance Centre is truly a remarkable organisation. In over 18 years, it Thas never strayed from its mission of creating and maintaining a culture of human rights in Namibia. It is fearless and consistent in its role as a ‘watchdog’ in the protection and advancement of human rights in Namibia, and at the same time, it works with an array of stakeholders and partners, such as the Namibian Government and many non- governmental organisations, on policy and law reform efforts, education and training. As always in the past, the work of the human rights. The Centre will continue The important work we do would not LAC highlighted in this annual report to use the law to broadly advance social be possible without the support of our has demonstrated the Centre’s acute justice, and particularly to give content and donors. On behalf of all the Trustees, I understanding of the centrality of human meaning to the array of rights that find thank them most sincerely. We hope that rights in individual lives, and the need to expression in the Namibian Constitution. they remain committed to the work of the practically entrench human rights in our In this young country which has yet LAC and to Namibia. nascent democracy. to overcome considerable social, eco- The dedication and professionalism Through the cases taken up in 2006 nomic and human rights challenges, the of the Centre’s staff and management are in which we litigated, and in the research, LAC plays a pivotal role in ensuring that acknowledged and much appreciated. training and community education proj- communities and individuals, who often Their commitment to human rights and ect activities undertaken, we have com- find themselves beyond the reach and hard work has ensured that the LAC pellingly demonstrated that the law can protection of the law, are able to use the remains profiled as one of the leading and indeed does work to effect change law to improve their lives, while at the public-interest litigation organisations in towards the goal of social justice for all. same time setting legal precedents. Africa and beyond. In a society still in political and social Our work comes with enormous chal- Finally, I thank my fellow Trustees for transition, with the effects of the apart- lenges. Resource constraints, an ability to their support in the year under review. heid era still apparent and felt, the LAC attract and retain skilled staff, and the plays the important role of ensuring that highly political and strongly contested Adv. Dave Smuts, SC law reform and socio-economic changes nature of the work, all require careful Chairperson in the country are premised in and on management. Legal Assistance Trust 2 LAC 2006 LAC 2006 OvervieW.OF.2006 dependable development LAC Director partner Norman Tjombe n 2006 the Legal Assistance Centre (LAC) celebrated its 18th year in existence. I As this report reflects, the Centre remains true to its mission of creating and maintaining a culture of human rights in Namibia, whether through public- interest impact litigation, information and training workshops, or research, advocacy and lobbying for legislative reform. As such, the LAC is widely recognised as playing a central role in the country’s development and democratisation. The LAC continues to challenge the constitu- whether the LAC was equal to the task. The numerous cases over the last 10 years in which tionality of laws that are clearly in conflict Centre will play a major role in the implemen- we litigated for the appropriate treatment of with the Namibian Constitution and interna- tation of the policy, including the ‘watchdog’ people with mental illnesses who were accused tional human rights law. Doing this by various role, to help ensure that the Government of committing criminal offences and deprived means is our primary task. and other stakeholders fulfil their obligations of some of their constitutional rights. For instance, a major litigation matter under the policy. The LAC’s Land, Environment and Deve- that we pursued in 2006 was that of chal- We view the Government’s policy-draft- lopment (LEAD) Project has contributed a lenging the outdated common law provision ing request as a recognition of the impor- great deal to developing and implementing that excludes children born out of wedlock tance of the LAC’s work, and of our expertise Namibia’s land reform programme – another from inheriting from their fathers. This case regarding the links between human rights matter of extreme national importance. In is ongoing, with a ruling expected in 2007. and HIV and AIDS. But crucially, this request 2006, LEAD started developing an environ- In another important case, the LAC is rep- is evidence of a much-improved relationship mental resource and training manual that resenting the community of Omafo village in between the LAC and the Government – an will help the Ministry of Environment and northern Namibia, who will be displaced if the improvement that the Centre has worked Tourism and the Communal Land Boards to Helao Nafidi Town Council goes ahead with very hard to attain. Among government offi- make environmentally sound decisions when its plans to build the country’s largest casino cials and other development stakeholders in dealing with land-related matters in commu- and entertainment complex. Land reform is a the past, there was a common misperception nal areas. critical issues in Namibia, and we are seeking of the LAC as an ‘adversary’, whereas today Returning to the matter of HIV/AIDS, our to protect the land rights of this community. the Centre is readily accepted and valued as international impact is worth mentioning. In 2005, in response to a request from a development partner. In August 2006 we attended the Annual the Government of Namibia to assist with the Further confirmation of this partnership International AIDS Conference in Toronto, drafting of a National Policy on HIV and was the Ministry of Gender Equality and Canada. Prior to the conference, an LAC staff AIDS, our Aids Law Unit commenced with Child Welfare’s commissioning of the LAC member participated in an expert panel dis- the task of consulting numerous stakeholders Gender Research and Advocacy Project to cussion on strategies for raising the profile across the country for their input. This was a develop a Gender Training Manual and of HIV/AIDS and Human Rights at the con- massive task of extreme national importance, Resource Guide to support the implemen- ference itself. The LAC contributions to the as HIV and AIDS constitute a major human tation of the National Gender Policy, which efforts at the conference to advocate for a rights issue, not only for those infected and publication was completed in 2006. human rights-based approach to dealing with directly affected, but indirectly for everyone Furthermore, the LAC’s Human Rights HIV and AIDS had a significant impact. The in Namibia, hence very wide consultation on and Constitutional Unit is working with the Centre was well publicised at the conference, the policy was imperative. Most stakeholders Government to draft a new law on mental not least by means of wide distribution of a approved the draft policy produced by the health. In this undertaking the Centre is focus- T-shirt prominently displaying our name and ALU in 2006, and the Government ultimately ing strongly on the rights of State President’s logo, and bearing the message, “HIV and adopted it. It remains for the public to judge Patients. This focus is greatly informed by the Human Rights: Now More Than Ever!” LAC 2006 Funding remains a critical issue for the
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