By Magreth Nunuhe
WINDHOEK – The director of the Institute for Public Policy Research (IPPR), Graham Hopwood, says the Namibian constitution has served Namibia well and is still the foundation on which democracy, rule of law and respect for human rights is based.
Hopwood was reflecting on today, which marks exactly 25 years since the Constituent Assembly unanimously adopted the country’s body of fundamental principles.
However, his main concern is that the constitution is not deeply rooted in Namibian society as many Namibians appear to be unaware of its key provisions, especially the Bill of Rights, which he ascribes to the lack of civic education and failure to incorporate it in the school curriculum.
He said that in theory the constitution was supposed to be taught in schools but in practice this does not seem to be happening.
“I do not see the need for wholesale changes to the constitution, but it probably is time to review some aspects,” he said, adding that among issues that could be discussed is extending the Bill of Rights also to include second-generation rights that are only partially covered by the Principles of State Policy in the constitution.
This, he said, includes the right to adequate shelter, a clean environment, basic services and access to information.
Hopwood is of the opinion that the ombudsman’s mandate is also too fragmented and that now is the time to relook various institutions and think about having a Commission for Human Rights and a Commission for Environmental Protection as constitutional bodies.
“There could still be an ombudsman who deals with reports of abuse of power by government officials. The principle of public consultation regarding constitutional amendments should also be enshrined in the constitution as it is in South Africa and in Zimbabwe’s new constitution,” he reckoned, adding that since parliament was enlarged last year, Namibia should look at ways in which constitutional provisions could entrench parliamentary transparency and accountability.
Professor Nico Horn, political analyst and law lecturer at the University of Namibia, agrees that Namibia is certainly a much better country than it was before independence and that the constitution gave more than expected.
He said he would however not be most comfortable with the notion that the Namibian constitution is the best in the world, but perhaps the best for Namibia.
He said that some of the things that make the constitution strong are the different commissions that have been set up, such as the Social Security Commission, the Office of the Ombudsman, Judicial Service Commission and the Prosecutor General’s Office, which are run by non-political appointees.
Horn reckoned that such bodies allow for checks and balances and discourage the president from being autonomous as he or she has to consult before making decisions.
“Our problem is not the constitution; it is officials wo don’t follow the constitution,” he added, making an example of the land issue where government does not seem to have done enough in line with the constitution.
He applauded the country for the upkeep of human rights and said that, in particular, freedom of expression is guaranteed and people are much more freer although they do not take advantage of those rights.
“The attitude is, what the party says we follow,” he said, adding that the Namibian president has much more leeway compared to South Africa, as there is a lot of ignorance.
Horn said that so far the boundaries of the constitution have not been pushed and some of the key amendments for the poor as provided for in Article 8 are not enforced.
“There is much more we can do; maybe we are too nice,” he added.
Dr Andrew Nikondo, political commentator and the Polytechnic of Namibia (PoN) Vice-Rector of Academic and Student Affairs, said the constitution has brought a feeling of belonging as there was no Namibian state until independence.
He said that one of the most remarkable provisions in the constitution is the right to life, which is held in high esteem by the international community.
“The decision not to have capital punishment has made the Namibian constitution to be highly respected,” he said, adding that there has been good adherence to the constitution.
Furthermore, Nikondo said that political pluralism is another provision in the constitution that up to now is still guaranteed as people are allowed to form or join any political party of their choice.
However, he added that some of the subordinate laws and policies fail because those in office do not implement them at the operational level.