The Constitution of Namibia prohibits gender-based discrimination, but men still dominate in the family domain. Inequalities in the country are aggravated by religious beliefs, cultural practices and persisting legal discrimination in both civil and customary (traditional) law.
The Namibian family code contains several measures that discriminate against women, although some problems, including early marriage, are not as severe as in other African countries. The minimum legal age for marriage is 18 years for both men and women. A 2004 United Nations report estimated that 8 per cent of girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is legal according to customary law in Namibia, and about one Namibian woman in seven is in a polygamous union. The government is discussing a bill to change civil law; under the proposed legislation, existing polygamous marriages would not be legally recognised.
The 1996 Married Persons Equality Act removed the husband’s prerogative to act as the sole head of the family. Parental authority is now shared by both parents, and they have equal child custody rights.
Women and children are often discriminated against in relation to inheritance in Namibia. In the north of the country, tradition dictates that when a married man dies, all his possessions go to his family with the exception that the state retains ownership of the land (which is then redistributed to the community). In effect, the customary law authorities ignore the widow’s right to inherit the use of the land. Furthermore, the husband’s death is followed by a rite during which the male heir assumes the deceased’s name and becomes the new head of the family; he receives the widow as part of the inheritance.
Women’s physical integrity is reasonably well protected by Namibian legislation. However, violence against women is a serious problem, and rape and domestic violence are widespread. In 2003, the Namibian government responded to the escalating incidence of sexual violence by adopting anti-rape legislation that broadens the definition of rape and allows the perpetrators of spousal rape to be punished. Sexual relations with minors under 14 are considered as rape and are punishable by prison sentences ranging from 15 years to life. In most rape cases, victims know the perpetrator and rape is often committed by a family member or friend. Rape victims seldom press charges; families in Namibia prefer to settle matters privately. Because of strong social pressure, complaints are rarely brought against perpetrators of spousal rape. Article 5 of the 2007 Labour Law prohibits sexual discrimination in the workplace.
Female genital mutilation (FGM) is practised in Namibia, but it affects only a small portion of the population. The few ethnic groups that practise FGM generally do so as a symbolic act entailing a simple cut.
Statistics show that Namibia is a country of concern in relation to missing women. Infanticide is increasingly common and is usually committed by young women. Several factors contribute to this phenomenon including the lack of social services to help young mothers, an absence of contraception and the difficulties involved in obtaining an abortion. It should be noted that infanticide also affects boys.
Namibian women have the same ownership rights as men, but are obstructed by tradition. Women are particularly disadvantaged in regard to access to land. The land reform law of 2002 placed all land under state ownership. Local customary authorities allocate the right to use this land to individuals and, in theory, men and women have equal access to community plots. However, women’s rights are rarely recognised by tribal chiefs. In addition, many single women with children lack the technical resources to farm the land allocated to them.
The Namibian Constitution states that all citizens have the right to acquire and dispose of property. The Married Persons Equality Act grants men and women equal access to property other than land, and allows either spouse to exercise this right without the partner’s consent. Discrimination persists in customary marriages, which are not legally required to be registered; under customary law, husbands have the power to claim control over their wives’ property.
There is no legal discrimination against Namibian women in relation to access to bank loans. The Married Persons Equality Act specifies that a partner’s consent is not required to obtain loans. Some NGOs specifically target women to facilitate their access to loans or credit.
Namibian legislation protects women’s civil liberties, but discriminatory traditions persist. The Constitution guarantees women’s freedom of movement and married women can travel without their husbands’ permission. There do not appear to be any restrictions on women’s freedom of dress. Discrimination persists within customary marriages in that Namibian women are expected to obey their husbands in all areas of daily life.
CEDAW (Committee on the Elimination of Discrimination against Women) (1997), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Namibia, Initial Report of States Parties, CEDAW/C/NAM/1, CEDAWNew York, NY.
CEDAW (2004), Conclusions du comité pour l’élimination de la discrimination à l’égard des femmes: Namibie, CEDAW/C/NAM/CO/3, CEDAW, New York, NY.
CEDAW (2005), Consideration of Reports Submitted by States Parties Under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women: Namibia, Combined Second and Third Periodic Reports of States Parties, CEDAW/C/NAM/2-3, CEDAW, New York, NY.
CEDAW (2007), Responses to the List of Issues and Questions with Regard to the Consideration of the Combined Second and Third Periodic Reports, Namibia, CEDAW/C/NAM/Q/3/Add.1, CEDAW, New York, NY.
IRIN (Integrated Regional Information Network) (2005), Namibia: Securing Property for Rural Widows and Their Children, United Nations Office for the Coordination of Humanitarian Affairs, New York, www.irinnews.org/Report.aspx?ReportId=55390.
IPU (Inter-Parliamentary Union) (n.d.), Legislation and Other National Provisions: Namibia, Parliamentary Campaign “Stop Violence Against Women”: Female Genital Mutilation, IPU, Geneva, www.ipu.org/wmn-e/fgm-prov.htm, accessed 10 October 2007.
Legal Assistance Centre Namibia (2007), Government Notice No. 236, Promulgation of Labour Act 2007, Legal Assistance Centre Namibia, Windhoek.
National Society for Human Rights (2006), Republic of Namibia: Children’s Status, Bil. Struensee, V. von (2005), “The Contribution of Polygamy to Women’s Oppression and Impoverishment: An Argument for its Prohibition”, Murdoch University Electronic Journal of Law, Murdoch, www.austlii.edu.au/au/journals/MurUEJL/2005/2.html#fn100.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population DivisionNew York, NY.
University of Namibia (1997), Beyond Inequalities: Women in Namibia, Southern African Research and Documentation Centre, Harare.
