A/HRC/17/14
campaign against gender-based violence. The Government has also launched a "Zero
Tolerance Campaign against Gender-Based Violence including Human Trafficking".
21.
On homosexuality, it was noted that the Constitution outlawed discrimination of any
kind. Since independence, no single case of discrimination on the basis of sexual preference
or orientation had appeared before the courts. Homosexuals were not prosecuted for
practising same-sex activities in private, although this practice was not condoned, and was
considered immoral and prohibited in public. Same-sex marriages were not recognized. The
Government has no intention of amending current laws.
22.
With reference to the right not to be subjected to cruel, inhuman or degrading
treatment or torture, Namibia stated that incidents of excessive use of force by members of
the Police Force during arrest of suspects had been noted with concern. The Police had
embarked on awareness campaigns and training on the use of minimum force during
arrests. The Namibian Police Force also offers human rights training during its Basic and
Developmental Courses.
23.
According to the Constitution, evidence obtained by torture shall not be admitted in
court. A bill to criminalize torture was under consideration.
24.
Regarding the signing of the Optional Protocol to the Convention against Torture
and other Cruel, Inhuman or Degrading Treatment or Punishment (OP-CAT), the relevant
Ministries would do the necessary research and make submissions to the Inter-Ministerial
Committee on Human Rights, which would then make a recommendation to the Cabinet.
This approach applies to all outstanding treaties which Namibia has not yet ratified.
25.
Namibia noted that police holding cells were seriously overcrowded because of a
lack of detention facilities. The Cabinet has authorized the Ministry of Safety and Security
to budget for the construction of remand prisons.
26.
Convicted minors are detained separately from adults at a Juvenile Centre, which
has educational facilities. However, the availability of juvenile detention facilities,
especially in police cells, remained a major challenge.
27.
There is no Government policy authorizing the forced sterilization of HIV-positive
persons. The alleged forced sterilization of women living with HIV/AIDS is a matter that is
before the court and the outcome of the case will determine what action to take.
28.
All Namibians have access to health facilities and antiretroviral medicine is offered
free of charge.
29.
Namibia provides constitutional guarantees to a fair trial. The Government has taken
measures to reduce the backlog of criminal cases through the appointment of additional
judicial officers and prosecutors, with the provision of legal aid to indigent persons. The
Government was also working on a strategy to improve the working conditions of legal
officers in order to reduce staff turnover, which contributed to the backlog in the courts.
Both the High and Lower Courts were implementing case management systems to
overcome administrative bottlenecks in the management of the case flow.
30.
The Ministry of Gender Equality and Child Welfare had embarked on awarenessraising campaigns as one way of addressing the problem of human trafficking. In 2009, the
Ministries of Labour and Social Welfare, Gender Equality and Child Welfare, and Safety
and Security had conducted joint inspections on child labour and trafficking in the
agricultural sector in nine regions. The purpose was to withdraw all children found to be
engaged in child labour; to issue Compliance Orders; to lay criminal charges against
persons employing children under-age as prohibited by the Labour Act 2007; and to raise
public awareness of child labour through the media, regional councillors and traditional
leaders.
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