According to the 2011 population census, the total population of Namibia is 2104 900.1
The methodology used to determine the population and the total percentage of people with disabilities is the general household census of 2006.2
According to the 2006 Namibia Inter-censal Demographic Survey, the population of people with disabilities is 102 100.3
According to the 2006 Namibia Inter-censal Demographic Survey, the population of women with disabilities amounts to 52 433.4
According to the National Planning Commission Disability statistics in Namibia 2004, the most prevalent forms of disability include:5
Namibia signed and ratified the CRPD and its Optional Protocol on 4 December 2007.6
The CRPD initial report has been overdue since 2009.7 The responsible departments for the submission of the report are the Ministry of Health and Social Services which has the main obligation to promote and protect of the rights and welfare of persons with disabilities, and the Office of the Prime Minister which houses the nation’s Disability Unit. No reasons were evident from the research as to the delay in the submission of the report.
Namibia has submitted its first, second and third periodic reports on the implementation of the United Nations Convention on the Rights of the Child and two optional protocols (1997-2008) which referred to children with disabilities. But according to the Legal Assistance Centre these reports did not capture a full or accurate picture and expert observations were not implemented.8
In Frans v Paschke & Others9 (rights of the child) an international instrument was used. This case dealt with the common law rule that prohibited Frans, who was born out of wedlock, from inheriting from his father. The court held that, such laws are in violation of the Namibian Constitution of 1990 and international law obligations that form part of the Namibian law.
Namibia is a monist state. International treaties become part of the domestic laws upon ratification as a whole by virtue of articles 143 and 144 of the Namibian Constitution, unless reservations are submitted. Therefore, no enabling legislation is required. There are however no cases that have considered the CRPD directly or indirectly.
The CRPD or parts thereof have not been incorporated verbatim or otherwise in national legislation. However, other international instruments such as the Universal Declaration on Human Rights and the International Covenant on Civil and Political Rights influenced the drafting of charter 3 of the Namibian constitution that contains the bill of rights.
In terms of section 4(1) the Council has the power and function to make representations on behalf of any person with a disability before any organ of state, or provide or procure legal assistance for any persons with disabilities, if the matter in question relates to the rights of, or the integration of persons with disabilities in society. It also has the duty to recommend to Cabinet the taking of necessary steps in order to facilitate compliance with the National Policy on Disability and the amendment of any law.
This Act is aimed at addressing the injustices of the past. In order to place the previous disadvantaged groups on a par with other groups in society for the full realisation of their rights. According to section 18(c) of this Act, persons with disabilities are listed as one of the designated groups.
Furthermore, the Affirmative Action (Employment) Act sets out in section 19 the preferential treatment of such designated groups. It provides that in filling positions of employment a relevant employer shall give preferential treatment to suitably qualified persons of designated groups.
This policy has the mandate to regulate matters with regard to mental health and institutionalisation of people with mental disabilities. This policy is outdated. A new Mental Health Bill draft has been discussed to replace it. The eighth draft of a Mental Health Bill was circulated in 2011. The drafting process has been dragging on for years; there are doubts if it will ever be passed.10 The current mental health policy has been criticised in that there are no special provisions for children with mental disabilities. In addition, in terms of the policy, only 211 psychiatric beds are available for the mental health needs of over 1.8 million people in Namibia and only 90 registered psychologists nationwide.11
Namibia has a National Disability Council that deals with violations of the rights of persons with disabilities. According to section 16(3) of the Namibia Disability Council Act, the Council may run programmes or conduct campaigns to inform the public to raise the awareness concerning an issue relating to disability. The National Disability Council was established so that line Ministries would be required to report annually to the Council on activities related to disability programmes. At every level programmes that are aimed at social, economic and political development include persons with disabilities in order to increase their visibility at all levels from decision making to implementation. Courts in Namibia have the jurisdiction to hear any case arising from the exercise of the functions and powers of the National Disability Council.12
Namibia has an Ombudsman provided for under articles 89 to 94 of the Namibian Constitution.13 His/her duties include the promotion and protection of human rights for all citizens, including persons with disabilities but there is no provision in the Ombudsman’s mandate that directly makes provisions for the rights of persons with disability. There are no indications as to whether the ombudsman ever addressed issues relating to the rights of persons with disabilities.
There is a national umbrella disabled people's organisation in the country, known as the National Federation of People with Disabilities in Namibia. It has a strong working relationship with service providers in the disability sector, for example Leonard Cheshire, the Association for Children with Language, Speech and Hearing Impairments in Namibia and the Onyose Trust.14 The federation advocates for the rights and welfare of persons with disabilities. It was founded in 1990. It has six national affiliate members. These are:
Provides services needed by the visually impaired, including rehabilitation; to promote the well-being of blind and partially sighted persons; promotes social integration in all fields of life; and disseminates information in order to promote a positive attitude among the community of Namibia towards visually impaired persons.15
Builds organisational capacity for CRPD implementation; documents human rights abuses; and conducts advocacy with the Ministry of Transport to ensure accessible roads and transport.16
Builds organisational capacity of persons with disabilities and their allies such as parents and sympathetic educationalists; and advocates for and supports inclusive education.18
Disseminates information and promotes education about albinism; and provides support services to persons with albinism.19
There are no specific outcomes regarding the recognition of the rights of persons with disabilities. The situation for persons with disabilities still remains the same as it was before the ratification of the CRPD as there has been no change in law. The old policy on disability prior the CRPD still operates.
The University of Namibia promotes capacity building and provides support in relation to research on disability matters, by providing and recommending such DPOs, people with disabilities and others for research grants. The university also has a disability unit and offers a module on inclusive education under the Bachelor of Education degree.
The National Disability Council and the Ministry of Health and Social Services have the main obligation for the promotion and protection of the rights and welfare of persons with disabilities in line with other ministries. In addition, the Office of the Prime Minister also has a Disability Unit which was established in 2001.27 However despite the existence of these structures, there appears to be limited action directed at promoting the rights and welfare of persons with disabilities. For example, according to the most recent annual report from the Office of the Prime Minister (2008-2009), the Disability Unit did not appear to conduct any activities regarding improving access to healthcare services for children with disabilities. The functioning of the National Disability Council also appears to be problematic. The state report states that ‘Namibia’s National Disability Council Act creates a council tasked with monitoring the implementation of Namibia’s National Policy on Disability’.28 This policy, which was adopted by the executive Cabinet in 1997, identifies children with disabilities as a key target group. However, there are no available reports documenting actions conducted by the Council. Although government ministries are required to submit a report on the implementation of the Disability Policy to the Council, such reports have not been submitted. Neither has the Council drafted annual reports which should be submitted to the Minister of Health and Social Services and then to the National Assembly as required by the National Disability Council Act.29
Disabled people encounter multiple levels of exclusion and discrimination, as evidenced by the 2004 Disability Living Conditions Survey.30 There are many customary practises, for instance disabled persons are abandoned as they are believed to be a sign of bewitchment, that violate the rights of person’s with albinism especially in the rural areas.31
Public and private facilities have taken the needs of people with disabilities into account. Public buildings provide access to wheelchair users. Public toilet facilities cater for persons with physical disabilities. The parking areas have designated parking bays for persons with disabilities that are situated as near to the entrance of the building as possible.
The Disability Council Act also addresses Environmental Accessibility and stipulates that, the state must develop mandatory standards and guidelines to make the physical environment accessible to all persons with disabilities. Furthermore, the state must ensure that architects, construction engineers and others who are professionally involved in the design and construction of the physical environment have access to the disability policy and the requirements for making public places accessible to disabled people.32
According to the 2004 Disability Living Conditions Survey, disabled children are more than twice as likely not to have received a primary education as their non-disabled counterparts.33 As a result, access to education is one of the areas that the government heavily invests in, in terms of the National Policy on Special Needs and Inclusive Education (2008) and the National Policy Guidelines for Educationally Marginalised Children (2002). In addition, since the beginning of this year, the government has provided free primary education. Educational services for children with disabilities are provided through a total of nine special schools. However, mainstream schools which accept learners with learning disabilities but often do not have special facilities to assist these learners. According to statistical data from the Ministry of Education, 32169 learners with disabilities were enrolled in the education system in 2009.34
According to the 2004 Disability Living Conditions Survey about 98 per cent of disabled people were unemployed.35 This is a clear indication that the government is not doing enough to provide persons with disabilities with access to employment.
Access to recreation and sport is provided for through special programmes such as Disability sports Namibia and the Special Olympic Namibia. The organisations provide year-round sports training and athletic competition in a variety of Olympic-type sports for children and adults with intellectual disabilities. These activities provide persons with disabilities with opportunities to develop physical fitness, demonstrate courage, experience joy and participate in a sharing of gifts, skills and friendship.36
The Legal Aid Department in the Ministry of Justice provides legal aid services for every Namibian who is not able to afford a private lawyer. It ensures that persons with disabilities receive general information on the Namibian legal system as well as specific information on how to seek and qualify for legal aid. This information is also readily available to people with sensory loss in Braille and in large prints respectively. This information is also being made available to persons with hearing impairments, especially when requiring legal assistance. Furthermore, trained sign language interpreters are made available in courts for deaf people who use this form of communication.37
According to the 2004 Disability Living Conditions Survey38 the majority of disabled people are able to access health services, with over two-thirds of respondents actually doing so.39 It was found that hospitals and primary health care clinics were the most accessible. However, there was gross inadequacy in the provision of vocational rehabilitation, counselling services and access to assisted devices.40 The right to health is a controversial issue as it is not justiciable. Patients at state health facilities are expected to pay a fee of approximately US$1 per visit and, although a waiver system exists, the government admits that it is ‘uneven’ in its application.41 A recent study assessing the experience of parents of children with learning disabilities or mental health problems access to healthcare services, noted that many patients are not exempted from this fee and some do not access healthcare services because of the cost involved.42
Persons with disabilities have a right to participation in political life (political representation and leadership, and voting independently). Voting centres provide access to wheelchair users. However, there is no provision for Braille for people who cannot see partially or fully. They cannot vote independently and must be accompanied by someone they trust. Namibia has Mr Ankama who is a person with albinism who is a member of parliament as a Deputy Minister of Works and Transport.
According to the Disability Council Act the state must ensure that women with disabilities have comparable opportunities to participate in all aspects of life equal to that of their fellow citizens.43 In addition general protection for women’s rights is provided for and protected under the following provisions of the Constitution: article 5 which provides for the protection of human rights; article 10 which provides for equality; and article 25(4) which provides for the enforcement of human rights.
The Disability Council Act requires parents of children with disabilities to be provided with information about services available so that they can make informed decisions about the needs of their children in cases where these children cannot do so themselves. Early intervention, such as stimulation and education must be provided to children as early as possible in order to prevent developmental disabilities. Furthermore the state must ensure that children with disabilities have equal opportunities and equal access to education, sports and recreation and all other services in the community such as health care.44 There is a need for an explicit focus on the problem of children with mental health disabilities.45
The researcher did not come across any proposal for law reform on disability in Namibia. However, there is a need for the disability policy to be reformed and move away from a medical to human rights based approach.There is also a clear need for more proactive public programmes to address the needs of children and their families, with a particular focus on marginalised groups, including children with disabilities and indigenous minorities.46
1. Republic of Namibia ‘Namibia 2011 Population and Housing Census Preliminary Results’ 2 http://www.gov.na/documents/10180/34849/2011_Preliminary_Result.pdf/0ea026d4-9687-4851-a693-1b97a1317c60 (accessed 31 May 2013).
2. Namibia Inter-censal Demographic Survey (2006) http://www.npc.gov.na/publications/census_data/NIDS_report_final_revised_04%20August%202010.pdf (accessed 03 June 2013).
6. United Notations enable, Development and human rights for all, Convention and Optional Protocol Signatures and Ratifications http://www.un.org/disabilities/countries.asp?id=166 (accessed 19 August 2013).
7. Human Rights Council, Working Group on the Universal Periodic Review, Tenth session, Geneva, 24 January-4 February 2011 ‘Compilation prepared by the Office of the High Commissioner for Human Rights in accordance with paragraph 15 (b) of the annex to Human Rights Council resolution 5/1’ Namibia http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G10/173/07/PDF/G1017307.pdf (accessed 20 February 2013).
8. ‘Alternative report to Namibia’s first, second and third periodic reports on the implementation of the United Nations Convention on the Rights of the Child and two optional protocols (1997-2008)’ prepared by the Gender Research & Advocacy Project Legal Assistance Centre (January 2012) http://www2.ohchr.org/english/bodies/crc/docs/ngos/Namibia_LAC_GRAP_CRC61.pdf (accessed 31 May 2013).
14. ‘Disability Policy Audit in Namibia, Swaziland, Malawi and Mozambique: Final Report’ (July 2008) Research Commissioned by the Southern African Federation of the Disabled’s DFID-funded Research Programme http://www.ucl.ac.uk/lc-ccr/downloads/DISABILITY_POLICY_AUDIT_ RESEARCH_FINAL_REPORT.pdf (accessed 20 February 2013).
15. The Namibian Federation for the Visually Impaired: http://visuallyimpairednamibia.com/ (accessed 29 May 2013).
16. Disability Rights Fund: http://www.disabilityrightsfund.org/grantee/africa/2009/namibian-association-differently-abled-women-nadawo.html (accessed 28 April 2013).
18. Namibia Association of Children with Disabilities: http://www.osisa.org/education/namibia/namibia-association-children-disabilities (accessed 26 March 2013).
19. RN Ntinda ‘The rights of people with albinism: A conceptual and rights based comparative analysis’ LLB dissertation, University of Namibia, 2011 39 http://digital.unam.na/bitstream/handle/11070.1/834/ntinda_therights_2011.pdf?sequence=1 (accessed 20 February 2013).
20. Reponses by the Government of Namibia, Human Rights Resolution 17/11 on violence against women and girls and disability (2011) 3 http:// www2.ohchr.org/english/issues/women/docs/.../Governments/Namibia.do (accessed 24 May 2013).
25. Statistics, Data and Evaluation, and Monitoring ‘Programme monitoring and evaluation: The disability perspective in the context of development’ Annex II ‘Data and statistics for disability-sensitive policies and programmes’ http://www.un.org/esa/socdev/enable/monitor/dme62.htm (accessed 20 February 2013).
31. See R Ntinda ‘Customary practices and children with albinism in Namibia: A constitutional challenge?’ in OC Ruppel (ed) Children’s rights in Namibia (2009). This article dealt extensively with this matter.
36. JP Kennedy Jr Foundation for the Benefit of Persons with Intellectual Disabilities (2013); Special Olympics Namibia: http://www.specialolympics.org/Regions/africa/Locations/Special-Olympics-AF-Namibia.aspx (accessed 26 May 2013).