Workshop: Country-led governance assessments: Sharing
experiences and increasing political accountability 2 – 5
November 2009
Panel: Governance assessments in Namibia: Current trends and
issues – using human rights indicators to make a political
difference 2 November 2009
AfriMAP’s
The Justice Sector and the Rule of
Law in Namibia
Presentation by
Dr Oliver C. Ruppel
Director: Human Rights and Documentation Centre
Faculty of Law
University of Namibia
About AfriMAP
AfriMAP = The Africa Governance
Monitoring and Advocacy Project
 Initiative established in 2004 to monitor
observance of standards relating to

 human
rights;
 the rule of law; and
 accountable government
in countries of the African Union
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Methodology (I)

The methodology is based on standardised reporting
framework in three thematic areas:




Political participation
Delivery of public services; and
The justice sector and the rule of law
Idea behind the project at hand:
 To conduct an objective analysis on the extent to
which African governments are committed to comply
with both the African and international standards on
human rights and good governance.
 To reveal the extent to which African governments
respect the judgments of their national courts of law.
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Methodology (II)



Reports are elaborated by experts from countries
concerned in close collaboration with the Open Society
Institute’s network of foundations in Africa and AfriMAP’s
own staff.
Drafts of the reports are reviewed by a range of experts,
with their comments and criticism reflected in the final
content.
Two major workshops during the drafting process
ensured input and participation from all relevant
stakeholders.


Legal fraternity
Ministries, etc.
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
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Contents: The Justice Sector and
the Rule of Law in Namibia


The report provides a comprehensive review of the
justice sector in Namibia.
The report includes chapters on







the legal and institutional framework
government respect for the rule of law
management of the justice system
independence, accountability, effectiveness and conduct of
judges and lawyers
criminal justice
access to justice
development assistance and the justice sector
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Sample of indicators relevant for
the report (I)

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Which are the major international treaties to which Namibia is a
party?
Does the government honour its reporting obligations under the
international human rights treaties?
To what extent have international human rights standards been
incorporated into the constitution and national legislation?
What is the structure of the court system as set out in the
constitution and relevant legislation?
Are there effective procedures for law reform?
Does the government respect principles of constitutionalism and the
rule of law?
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Sample of indicators relevant for
the report (II)




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Are there systems in place to ensure the judicial sector has the
necessary planning, financial and administrative systems in place
necessary to allow its effective functioning?
Are there systems in place to ensure the independence, integrity,
competence and effectiveness of judges and lawyers?
Is there an adequate justice system in responding to criminal
offences?
To what extent is an average citizen able to assert his or her rights
against the government or private individuals?
In what manner do donors provide assistance to the justice sector,
and is assistance provided according to principles of transparency,
accountability, and with respect for international human rights
standards?
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First general findings

Namibia’s legal and institutional landscape has improved
remarkably since independence in 1990 in many respects such as







human rights and the rule of law,
the implementation of laws,
access to justice,
crime and punishment, etc.
The Constitution contains a comprehensive Bill of Rights that
includes socio economic as well as civil, political and cultural rights.
Namibia became a state party to most international human rights
instruments which contributed to a more substantial legal and
institutional reform.
However, there is further a need to incorporate these international
human rights standards into national law.
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Possible impact of the report on
accountability and policy processes
More transparency
 Continuous discourse
 Public participation

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Dissemination of the reports and
use of results



The Justice Sector and the Rule of Law in Namibia is
published and printed (2x3000 books) by AfriMAP and
the Open Society Initiative for Southern Africa (OSISA).
Launch of publications in March 2010
Dissemination strategies:


Media & stakeholder workshops
National, regional and continental distribution:
Postal and personal distribution to community libraries, archives,
government representatives, civil society activities, academia and
interested citizens

Free download of the publication
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Sustainability of the project
 The
report forms a resource for
activists and others in the country
concerned and across Africa to
improve respect for human rights and
democratic values.
 AfriMAP is a cross-country project,
allowing for cross-country
comparisons.
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Lesson learned…

…process in progress…
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