Legislative reform and the development of policies that better address the rights of individuals with disabilities in Namibia are urgently needed.
One issue that requires closer attention is the protection of the rights of individuals with disabilities within the criminal justice system.
The National Disability Council of Namibia has launched a review report on the national, regional, and international developments regarding the rights of individuals with disabilities in the Namibian context.
The report aims to bridge the gap between theoretical and practical implementations of laws and the rights of people with disabilities.
It states that while many pieces of legislation have been enacted and implemented to promote or protect the rights of individuals with disabilities, they do not encompass all the rights provided for in international and regional treaties on individuals with disabilities.
Therefore, a dedicated piece of legislation is needed to address this gap.
The National Disability Council has taken the initiative to review the outdated National Disability Council Act of 2004 and the National Policy on Disability of 1997, aligning them with regional and international human rights obligations.
Mahne Kruger, a Board Member of the National Disability Council of Namibia, stated:
"The revised policy will ensure that individuals with disabilities are afforded the same opportunities and rights as those without disabilities. This will promote social inclusion, reduce stigmatization, and shift public attitudes toward greater acceptance and understanding. These frameworks are crucial in advancing the rights and needs of individuals with disabilities in Namibia, aligning with international law, which has transitioned from a medical model to a social model of disability."
Article 10 of the Constitution stipulates that all individuals shall be equal before the law, and no one may be discriminated against based on sex, race, color, ethnic origin, religion, creed, or social or economic status.
However, the review report indicates that unlike the constitutions of other African countries, which explicitly prohibit discrimination based on disability, the Namibian constitution is silent on this right.
Monica Ngoshi, a Legal Officer at the Ministry of Justice, shares:
"It examines practices from other regional human rights systems, including the Inter-American, European, and African regions, to highlight some of the best practices that Namibia could adopt. Additionally, the report outlines the legislative measures Namibia has implemented to protect the rights of people with disabilities and highlights how the Namibian judiciary has addressed these rights within the criminal justice system."
A validation workshop was conducted to gather input from various stakeholders for further review and endorsement, ensuring that the policy is comprehensive and ready for implementation.