BarTalk December 2003
Volume 15, Number 6

The development of a human rights culture in Namibia

By Delia Ramsbotham

Thanks to the Canadian Bar Association’s International Internship Program and the Canadian Department of Foreign Affairs and International Trade, 10 young Canadian lawyers have the opportunity each year to work for seven months with NGOs in developing countries. I have had the good fortune of being chosen to work with the Legal Assistance Centre (the “LAC”) in Windhoek, Namibia.

I must admit that when I learned that I would be working in Windhoek, Namibia, I went straight to a map to be sure of its location. Bordered by South Africa, Botswana, Angola and the Atlantic Ocean, Namibia is one of the world’s youngest countries in political terms. Formerly known as South West Africa, Namibia gained independence from South Africa in 1990. With a progressive new constitution, and an abundance of diamonds, Namibians looked forward to a bright future.

Thirteen years after independence the future of Namibia is still uncertain, but the LAC is doing everything it can to ensure that Namibia creates and maintains a human rights culture.

Challenges after Independence
With independence came a shift in the LAC’s role. Realizing that independence alone would not guarantee the protection of human rights, human dignity, democracy and social and economic justice, the LAC expanded its focus to include legal education, gender issues, AIDS law, juvenile justice, and land and environmental development.

The LAC continues to conduct important human rights and constitutional litigation. It has had many successes, including: establishing the right of accused persons to state funded legal representation; challenging the authority and practices employed by traditional leaders who violate the constitutional rights of citizens under their jurisdiction; and bringing civil cases against the state for unlawful arrest and detention, and police assaults of persons in custody.

The LAC also takes a proactive approach to law reform. Through advocacy, the LAC works with the National Government to ensure that laws inherited from South Africa at independence are brought in line with the constitution. Some of the most significant changes are in the area of gender equality. In coalitions with other NGOs, the LAC has successfully lobbied for the Married Persons’ Equality Act, the Maintenance Act, the Combating of Domestic Violence Act, and the Combating of Rape Act.

The LAC also plays a large role in making the law accessible. The LAC carries out a community volunteer paralegal training programme, which trains volunteers who will in turn provide legal advice and referral services to poor and marginalized communities. The LAC runs a civic and voters education programme to teach the public about democracy and the rule of law. The LAC’s education programme includes a weekly community radio show put on by staff.

But perhaps the largest issue facing the LAC and Namibia is the HIV/AIDS epidemic. It is estimated that 20 per cent of the Namibian population has AIDS or HIV. In the past 10 years life expectancy has decreased from 60 to 44 years of age. This issue affects every aspect of society, from labour and employment, to family law, to education, to inheritance. The LAC addresses issues of discrimination on the basis of HIV and provides a service to people with HIV or AIDS who have been discriminated against on the basis of their HIV status.

Namibia and the LAC face large challenges in developing a human rights culture. However, after seeing the dedication and effort that the 46 employees of the LAC put into every aspect of civil society, I have confidence that one day the rights that Namibians are guaranteed in their Constitution will become rights that actually enhance their everyday lives.

Delia Ramsbotham was called to the bar in January 2003. She is working in Windhoek, Namibia as part of the Youth International Internship Program.

Background on the LAC
The LAC was founded in 1988, when the long and bitter liberation struggle had been raging for 16 years. Human rights abuses suffered at the hands of the South African Security Forces were routine and went unpunished. The rule of law was non-existent. In an attempt to counter this situation a few dedicated lawyers decided to establish a public interest human rights law firm – the LAC.

This article originally appeared in the December 2003 issue of BarTalk and is reproduced here with permission of both the author and the Canadian Bar Association, British Columbia Branch.