消除种族歧视委员会审议纳米比亚的报告（部分翻译）

消除种族歧视委员会

2016年5月6日

消除种族歧视委员会今天结束审议纳米比亚关于落实《消除一切形式种族歧视国际公约》条款的第十三至第十五次合并定期报告。

纳米比亚司法部副部长利德温娜·沙普瓦（Lidwina Shapwa）呈递了报告，表示纳米比亚在过去的26年内开辟了和谐、发展、和平与容忍的道路，通过政策和立法禁止基于种族、宗教、年龄、性别、肤色、社会经济地位和残疾与否的歧视。虽然1991年的《禁止种族歧视法案》禁止了种族歧视，但由于法案中未将仇恨言论定为违法行为，纳米比亚正在对其进行审议并使之与《公约》相符。2014年通过的《国家人权行动计划》覆盖了七个领域：获得医疗卫生服务、获得司法救助、接受教育、获得水和卫生设施的权利、住房权、获得土地以及不受歧视的权利。尽管在通过法律禁止种族主义和种族歧视方面取得了成功，但在增强以往弱势群体的权能方面仍存在许多挑战，对于失业和持续贫穷的群体来说更是如此。

在与纳米比亚代表团的对话中，委员会专家承认了自国家独立以来取得的进步，并欢迎政府将公共预算中的可观份额投入社会服务以及通过关于关键问题的积极立法。种族歧视和消极陈规定型是十分顽固的问题，专家们建议纳米比亚考虑拓宽《禁止种族歧视法案》的范围，令其能够解决不同形式的种族歧视。尽管纳米比亚是人均收入最高的非洲国家之一，在全国生活条件方面也取得了很大提升，但仍有一半以上人口——尤其是诸如桑族人（San）和辛巴族人（Hinba）等土著人民——依然生活在赤贫之中，国家的独立和财富并未给他们带来利益。现在，纳米比亚应优先打击不平等和边缘化现象，实现社会经济发展并废除教育体系中的种族隔离。

担任国家报告员的委员会专家阿列克谢·阿夫托诺莫夫（Alexei Avtonomov）在总结发言中积极评价了纳米比亚这个历史极其复杂的国家在建立新社会方面的进步，并表示结论性意见对该国将来的发展十分有用。

沙普瓦女士在总结发言中重申了纳米比亚打击种族主义的承诺。纳米比亚摆脱了苦难的过去，付出了许多努力确保人们不会也不再遭到歧视，这是一个艰巨的任务。

纳米比亚代表团包括司法部、副总统办公室以及纳米比亚常驻联合国日内瓦办事处代表团的代表们。

纳米比亚是委员会第八十九届会议最后一个接受审议的缔约国。委员会将于5月13日（周五）上午10点以前召开不公开会议，委员会也将公开讨论其关于紧急行动程序和后续程序的早期预警。周五下午三点，委员会将公开结束此次会议。

国别审评可通过网络直播进行观看：http://www.treatybodywebcast.org。

报告

纳米比亚第十三至第十五次合并定期报告可在此查看：CERD/C/NAM/13-15。

Presentation of the Report

LIDWINA SHAPWA, Deputy Minister of Justice of Namibia, introducing the report, said that 2015 had marked 50 years since the adoption of the International Convention on the Elimination of All Forms of Racial Discrimination, but there were still persistent threats of racism and xenophobia, as was obvious in the case of refugees, migrants and asylum seekers. During the past 26 years, Namibia had established a path of harmony, development, peace and tolerance, and had adopted polices and passed legislation prohibiting discrimination on the basis of race, religion, age, sex, colour, socio-economic status, and disability. The Constitution was based on the Universal Declaration of Human Rights and Namibia believed that the promotion and protection of human rights was the primary responsibility of the State and one of the pillars of democracy. The Namibian nation was still struggling to overcome the effects of the divisions and inequalities caused by racism and apartheid, and was today the most tolerant society in Africa according to surveys by Afrobarometer. The Prohibition of Racial Discrimination Act of 1991 prohibited racial discrimination, but since it had not included the offence of hate speech, it was now under consideration with the aim of aligning it with the Convention in this regard. Despite the success in legally prohibiting racism and racial discrimination, many challenges remained in the empowerment of previously disadvantaged people, and that was why the Government had adopted special measures such as affirmative action.

In order to uplift and empower marginalized communities and persons with disabilities, two offices of the Presidency had been set up, headed by members of those groups at the level of Deputy Minister. The Ministry of Health had issued a directive related to the provision of family planning services in general and for HIV positive women in particular, in order to ensure that women were not sterilized without their informed consent. The budget of the Office of Ombudsman had been increased to enable it to investigate cases of human rights abuses and carry out awareness programmes, and a new department charged with human rights education had been set up. The Ombudsman had completed a draft white paper on the rights of marginalized communities, and facilitated the preparation of the National Human Rights Action Plan, which contained seven areas: access to health services, access to justice, access to education, right to water and sanitation, right to housing, access to land and the right not to be discriminated against. The Plan had been adopted in December 2014. The overriding challenges for Namibia today were to effectively tackle unemployment and the persistent poverty of the population. The Government had embarked upon a poverty eradication strategy and had established a new Ministry on Poverty Eradication and Social Welfare in 2015. In 2014, free universal primary education in public schools had been implemented, and this had been extended to secondary schools this year. Namibia had 23 per cent of women representation in the Parliament, 12 per cent in the Regional Councils and 42 per cent in the Local Authority Councils, which ranked it third in Africa and the twelfth in the world in terms of women representation in Parliament. Namibia had made great strides and recognized that its legislative framework might be inadequate in some areas; that was why draft Bills such as the Customary Law Marriage Bill, Divorce Bill and Child Justice Bill were the priority projects.

Questions by the Country Rapporteur and Committee Experts

ALEXEI AVTONOMOV, Committee Expert acting as Country Rapporteur, noted that more than 25 languages were recognized as national languages in Namibia, whose population was made up of 12 different groups, such as Bantu, Xhosas, Europeans, Metis and others, and said that it would be useful if Namibia provided more detailed information about the ethnic makeup of its population. The Committee was concerned about the situation of the San people, or the indigenous people, who had been historically deprived of their rights and access to land. The Country Rapporteur welcomed the adoption of the progressive new Child Care and Protection Act and asked how long it would take before it would become operational and applicable; this was important also in light of the ongoing reform of the Education Act, which would promote non-discrimination, support education in the mother tongue, and introduce the concept of mobile schools among the San and Himba peoples.

The white paper on indigenous people had been submitted to Parliament but was not yet in the public domain; the paper had been drafted by the Office of the Ombudsman, with the assistance of the International Labour Organization, and it was thought that it might positively affect the situation of the San and Himba peoples. What was the position of Namibia concerning the signature of the Organization of African Unity Convention governing the specific aspects of refugee problems in Africa, which had entered into force in 1974 and had been ratified or signed by almost all countries in Africa? What was the status of the talks with Germany concerning reparation for the genocide of the Herrero and Namaqua peoples of 1904-1907? What process was in place for the selection of chiefs of the San people, who traditionally did not have such a function?

Committee Experts paid homage to advances Namibia had made since its independence and welcomed the allocation of a considerable share of the public budget to social services, the use of gender responsive budgeting, the provision of resources for extensive immunization campaigns, as well as the adoption of progressive legislation, including on domestic workers, child care and protection and others.

They expressed grave concern about pervasive poverty and asked why the Land Act had not had an impact on the redistribution of land that it had been hoped it would have, and why the affirmative action in employment had not been very successful in restructuring the economy. The situation of San communities, as well as other indigenous peoples communities, such as the Himba, was dire; they suffered extreme levels of poverty probably linked to lack of access to land, and had limited access to education. Was there a need for special measures and specific action in order to preserve those groups which were nearing extinction?

There were persistent negative stereotypes in the society and these were sometimes manifested in hate speech; how were these issues being addressed in light of the absence of a law against hate speech? Violence against San women, as an expression of those negative stereotypes, was a source of great concern.

Racial discrimination was a very tenacious problem, and the struggle against it must go on constantly, and it might be advisable to expand the scope of the Prohibition of Racial Discrimination Act to enable it to address the many forms that racial discrimination could take. What steps were being taken to ensure a more equitable allocation of funds available for special measures for most disadvantaged and marginalized communities? Despite the efforts to desegregate the educational system, de facto segregation in the access to schools persisted, and Committee Experts wished to hear more about steps taken to address this problem.

Although Namibia had one of the highest per capita incomes in Africa, and had achieved much in raising living conditions across the country, more than half the population still lived in abject poverty and was not reaping the benefits of the independence and the country’s wealth. Namibia now need not fight for independence, but for socio-economic development and against inequalities and marginalization, Experts said, warning that those types of inequalities could be a time-bomb. They asked about affirmative action and special measures in place, especially in order to ensure the inclusion of the most vulnerable in education, and to increase the quality of education.

The delegation was asked about inter-ethnic dynamics in the society and how anti-black racism played out, the progress made in reaching the minimum wage and in the employment of marginalized communities, the real legal and practical situation of languages in the country, including official native languages and the status of bilingual education, and international cooperation in the area of access to low cost medicines, especially for HIV/AIDS.

Namibia had two legal systems that worked in parallel – customary and common – and Experts wondered whether the population could freely choose the applicable legal regime, whether personal status law ensured protection from discrimination and harmful practices, and whether there were some customs which were contrary to internationally accepted norms.

ANASTASIA CRICKLEY, Committee Chairperson, commended the efforts of Namibia in granting old age pension to its citizens and said that it was one singular measure which had an instant effect on poverty and life expectancy of recipients. How did Namibia ensure that those who benefitted from the pension were those who were most in need?

Replies by the Delegation

Namibia had conducted a labour survey in 2014 which had covered all aspects of work, including education and training of people; it had found that more than 700,000 persons were employed and that the unemployment rate stood at 28 per cent. Namibia was in the process of reviewing its legislation and was considering legal amendments to align the definition of racial discrimination to that contained in the Convention and so ensure the comprehensive protection of all from racial discrimination, including from hate speech.

The 2003 Community Courts Act defined the functioning of those courts, including the selection of justices, their jurisdiction, and appeal mechanisms; the law had limited its jurisdiction to violations of customs and traditions to ensure that they did not violate any rights enshrined in the Namibian constitution. Community courts were dispute mechanisms at the community level and played a role in restorative justice, and the promotion and maintenance of peace, harmony and stability within communities. The Customary Marriage Bill and Interstate Succession Bill had been drafted to ensure gender equality in extensive consultation with communities; the bills were likely to be tabled within the current Parliament’s session. The Children’s Status Act ensured the equal treatment of children in terms of inheritance and it had removed discrimination of children born outside of marriage.

Land reallocation programmes continued, and land was being allocated to San communities, internally displaced persons, landless people, persons with disabilities and people from overcrowded areas. The Agricultural Reform Act had been amended in 2014, while the expropriation criteria had been developed and were currently being gazetted. The national resettlement policies 2001 defined San as particularly vulnerable and targeted them for relocation.

Discriminatory laws and policies in education, including segregation in education, had been abolished. Everyone had an equal right to education, while universal primary education had been granted by law. Measures to keep children of indigenous communities in school had been put in place, such as mobile schools to ensure that they completed compulsory primary levels, abolition of parental contribution to school development funds, provision of free textbooks, school feeding programmes, and others. The delegation reiterated that no mobile school had been closed down, although some logistical and financial problems were being encountered.

Himba children were not prohibited from attending school in their traditional clothes. In 2007, a campaign to start school and remain in school for marginalized children had been launched, which was combined with other measures to reduce the high drop-out rate of learners of San and Himba communities, such as school transport, school feeding programmes, provision of school uniforms and toiletries, and others.

Turning to the situation of indigenous communities, a delegate said that in order to ensure their systematic participation and consultation in decision-making, the San Development Programmes had been elevated to the Division for Marginalized Communities in the Office of the Prime Minister. The Division, soon to become a fully-fledged Department, undertook activities aiming to ensure the improvement of living conditions of the marginalized communities, their representation, livelihoods, and access to health and education. Since the programme on ensuring access to land had started in 2005, eight commercial farms had been procured for marginalized communities, in which 1,110 households had resettled. Old age pension was paid to all Namibians who qualified, including San and Himba; mobile teams went out into the communities to inform eligible beneficiaries and paid out the pensions. There was a visible improvement in the quality of life of old people and vulnerable children since the inception of the programme.

Rape and violence against young women was a problem in Namibia; it affected all groups and not only San and was exacerbated by the excessive use of alcohol and drugs. Access to health and education was a right for all Namibian citizens and residents, and Namibia respected the principle of non-refoulement and did not send refugees and asylum seekers back to countries they escaped from. Namibia had entered reservations to Article 26 of the 1951 Refugee Convention and had the right to limit the movement of refugees and asylum seekers, and regulated movement via the administrative office of refugee settlement; this was done to ensure their well-being.

The first step in the fight against poverty was the recognition that all Namibians had the right to a dignified life. Namibia had in place generous social transfers, poor-oriented public budgets and progressive tax regimes. The Government planned to introduce a solidarity wealth tax in the next budget as a measure to fight inequality and to contribute towards the fund for poverty eradication, and it planned to establish food banks in all areas of the country as a step in the fight against hunger and a part of a pledge that no child should go hungry in a Namibian household. As a result of all the measures undertaken, poverty had declined from 69 per cent at independence to 29 per cent in 2010 and there was anecdotal evidence that it had declined further thanks to the old age pension, disability allowance, economic growth and the growing education and literacy rates.

Further Questions by the Committee Experts

ALEXEI AVTONOMOV, Committee Expert acting as Country Rapporteur, thanked the delegation for providing the population statistics and said that in order to understand the situation of each group, it was important to have disaggregated data for each separate group as well. In some African countries, albinos suffered discrimination, including being killed in rituals; what was their situation in Namibia?

Another Expert welcomed all measures that would ensure the preservation of groups that otherwise would not survive, including the use of customary laws, and stressed that Namibia must ensure that all individuals in communities applying customary law were protected according to the Convention.

Experts also asked the delegation about other measures to reduce poverty, including greater use of social transfers, land reallocation, fisheries, and mining licences, and whether national languages were in written form.

Further Responses by the Delegation

Responding, the delegation said that albinos in Namibia were treated as anyone else; two were Members of Parliament, and all albinos received free health treatment for their skin. Community courts dealt with violations of customs and traditions, and they only applied to individuals who seized them and felt they would receive more justice from those than from formal courts; cases of murder, rape or other grave crimes could not be tried by community courts. A community law had an obligation to apply customary law in line with the Constitution, particularly its Article 3 on the rights and freedoms of its citizens. Rituals could be observed as long as they did not violate laws of the country.

The white population of Namibia controlled the economy since before independence and continued to maintain a dominant role in areas that required intensive capital, such as banking or tourism. The Government had set up a Development Bank and the Small and Medium Enterprises Bank in order to assist the entry of the previously-disadvantaged groups into economic areas controlled by the whites. The extreme poverty rate was 13 per cent and the poverty rate stood at 27 per cent.

The Government had control over natural resources and granted mining and exploration licences, which were now granted mainly to previously disadvantaged people; foreigners could also be granted a license but only in partnership with previously disadvantaged Namibians. Namibia had decided not to nationalize its economy at independence, but measures were in place to increase the share of previously disadvantaged populations in the economy.

The current legal framework made provisions for the prohibition of racial discrimination, but its shortcoming was that it only prohibited institutional discrimination, and not racial remarks and hate speech. Namibia was now examining the amendment to this Act to correct this shortcoming. Common law and customary law were considered on an equal footing by the Constitution, but they both must be in conformity with the Constitution and the statutory law. In practice, this meant that customary laws must comply with the International Convention on the Elimination of All Forms of Racial Discrimination Convention as it had been incorporated in the laws of Namibia.

Concluding Remarks

ALEXEI AVTONOMOV, Committee Expert acting as Country Rapporteur, took positive note of the progress Namibia was making in creating a new society despite its very complex history and said that the concluding observations would be very useful for further progress.

LIDWINA SHAPWA, Deputy Minister of Justice of Namibia, reiterated Namibia’s commitment to fight against racism. Namibia had emerged from the hard past and had done a lot to ensure that the people were no longer and would not again be discriminated against, which was not an easy task.

ANASTASIA CRICKLEY, Committee Chairperson, saluted the honesty and openness of Namibia and the efforts in dealing with post-colonial realities, in particular with issues of redistribution.

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