R 051503Z JUN 96
FM AMEMBASSY WINDHOEK
TO SECSTATE WASHDC 2093
INFO AMEMBASSY LILONGWE 
AMEMBASSY MBABANE 
AMEMBASSY PRETORIA 
AMEMBASSY PORT LOUIS 
AMEMBASSY LUANDA 
AMEMBASSY MASERU 
AMEMBASSY DAR ES SALAAM 
AMEMBASSY HARARE 
AMEMBASSY LUSAKA 
AMEMBASSY MAPUTO 
AMEMBASSY GABORONE

UNCLAS SECTION 01 OF 02 WINDHOEK 001695 
 
 
DEPT FOR AF/S, AF/RA, 
 
E.O. 12958:  N/A 
TAGS: SOCI KWMN SADC WA
SUBJECT: STATUS OF WOMEN IN THE SADC REGION: 
NAMIBIA 
 
REF: STATE 112270 
 
¶1.  FOLLOWING IS IN RESPONSE TO QUESTIONS POSED 
REFTEL. 
 
 
WOMEN AND THE LEGISLATIVE PROCESS 
------------------------------ 
 
¶2.  THE NAMIBIAN CONSTITUTION IS VERY PROGRESSIVE 
IN GUARANTEEING FUNDAMENTAL FREEDOMS TO ALL 
CITIZENS.  IN ADDITIONAL TO GENERAL GUARANTEES OF 
LIFE, LIBERTY, RESPECT FOR HUMAN DIGNITY AND 
FREEDOM FROM DISCRIMINATION, ARTICLE 23 SUBSECTION 
(3) DEALING WITH APARTHEID AND AFFIRMATIVE ACTION, 
MAKES SPECIAL REFERENCE TO THE NEED TO PROMOTE 
GENDER EQUALITY AND STATES, "IT SHALL BE 
PERMISSIBLE TO HAVE REGARD TO THE FACT THAT WOMEN 
IN NAMIBIA HAVE TRADITIONALLY SUFFERED SPECIAL 
DISCRIMINATION AND THAT THEY NEED TO BE ENCOURAGED 
AND ENABLED TO PLAY A FULL, EQUAL AND EFFECTIVE 
ROLE IN THE POLITICAL, SOCIAL, ECONOMIC AND 
CULTURAL LIFE OF THE NATION." 
 
¶3.  WITH THE PASSAGE OF THE MARRIED PERSONS 
EQUALITY ACT EARLIER THIS YEAR, PARLIAMENT, WITH 
THE STRONG SUPPORT OF PRESIDENT NUJOMA, IS 
ATTEMPTING TO BRING NAMIBIAN LAWS INTO COMPLIANCE 
WITH CONSTITUTIONAL GUARANTEES.  WHILE THE ACT 
ELIMINATES DISCRIMINATORY PRACTICES IN CIVIL 
MARRIAGES, WOMEN MARRIED UNDER CUSTOMARY LAW ARE 
OFTEN SUBJECT TO DISCRIMINATION.  ALL TOO 
FREQUENTLY, WHEN CUSTOMARY PRACTICES ARE IN 
CONFLICT WITN MODERN STATUTES, CUSTOMARY PRACTICES 
PREVAIL, PARTICULARLY IN THE RURAL AREAS.  AT A 
RECENT NATIONAL CONFERENCE ON TRADITIONAL 
AUTHORITIES, GOVERNMENT OFFICIALS MADE IT CLEAR 
THAT CUSTOMARY LAWS WHICH ARE INCONSISTENT WITH 
PROVISIONS OF THE NAMIBIAN CONSTITUTION OR MODERN 
STATUTES WOULD BE INVALID.  HOWEVER, PRACTICES IN 
THE RURAL AREAS ARE SLOW TO CHANGE.  FOR EXAMPLE, 
IT IS COMMON FOR A WOMAN MARRIED UNDER CUSTOMARY 
LAW TO HAVE HER HOUSE AND POSSESSIONS SEIZED BY 
HER HUSBAND'S FAMILY IF THE HUSBAND PASSES AWAY. 
OFTEN THE WOMEN IS THROWN OUT OF THE HOUSE AND 
LEFT TO FEND FOR HERSELF.  THE GOVERNMENT HAS 
CONDEMNED THIS PRACTICE, BUT IT STILL CONTINUES. 
WOMEN ACTIVISTS AND SOCIAL RESEARCHERS IN NAMIBIA, 
ENCOURAGED BY THE PASSAGE OF THE MARRIED PERSON'S 
EQUALITY ACT, ARE NOW LOOKING AT WAYS OF ATTACKING 
THE PROBLEM OF DISCRIMINATION AGAINST WOMEN 
MARRIED UNDER CUSTOMARY LAW. 
 
GOVERNMENT SUPPORT FOR IMPLEMENTATION OF THE 
BEIJING PLAN OF ACTION 
--------------------------------------------- ----- 
¶4.  TNE NAMIBIAN GOVERNMENT IS FIRMLY COMMITTED TO 
IMPLEMENTING THE BEIJING PLAN OF ACTION AND THE 
HEAD OF NAMIBIA'S DELEGATION TO THE CONFERENCE, 
MS. NETUMBO NDAITWAH WAS RECENTLY ELEVATED TO THE 
POST OF SECRETARY GENERAL OF THE RULING SWAPO 
PARTY.  MS. NDAITWAH SERVED AS RAPPORTEUR GENERAL 
AT THE BEIJING CONFERENCE AND PLAYED AN ACTIVE 
ROLE IN FORGING COMPROMISES ON SEVERAL KEY ISSUES. 
SHE IS STRONGLY AND FERVENTLY COMMITTED TO 
ELIMINATING ALL FORMS OF DISCRIMINATION AGAINST 
WOMEN, INCREASING THE NUMBER OF WOMEN IN 
PARLIAMENT, AND IMPLEMENTING THE BEIJING PLAN OF 
ACTION.  PRESIDENT NUJOMA HAS BEEN OUT FRONT AND 
VOCAL IN SUPPORT OF THE MARRIED PERSONS EQUALITY 
BILL AND FREQUENTLY CITES THE ROLE WOMEN PLAYED IN 
THE LIBERATION STRUGGLE IN PRESSING FOR THE 
ELIMINATION OF PRACTICES WHICH DISCRIMINATE 
AGAINST WOMEN. 
 
 
POST INITIATIVES TO SUPPORT GENDER EQUALITY AND 
CURB SEXUAL VIOLENCE 
--------------------------------------------- ----- 
¶5.  AS REPORTED PREVIOUSLY, THIS MISSION IS 
TARGETING ALL DEMOCRACY AND HUMAN RIGHTS FUNDS 
(116E) THIS YEAR IN SUPPORT OF NAMIBIAN WOMEN'S 
ORGANIZATIONS SEEKING TO COUNTER THE GROWING 
PROBLEM OF SEXUAL VIOLENCE AGAINST WOMEN AND 
CHILDREN.  WITH RAPE AND ASSAULTS AGAINST WOMEN 
AND CHILDREN AT RECORD LEVELS IN NAMIBIA, MISSION 
IS ASSISTING WOMEN'S ORGANIZATIONS IN DEVELOPING A 
NATIONAL MULTI-MEDIA CAMPAIGN TO CURB SEXUAL 
VIOLENCE AND STRENGTHEN SENTENCING OF CONVICTED 
RAPISTS AND THOSE GUILTY OF ASSAULTING WOMEN AND 
CHILDREN.  IN ADDITION, EMBASSY SELF-HELP 
COMMITTEE RECENTLY APPROVED FUNDING FOR TWO 
COMMUNITY PROJECTS IN WHICH LOCAL CITIZENS HAVE 
GOTTEN TOGETHER TO ESTABLISH SAFE HOUSES FOR 
ABUSED WOMEN. 
 
¶6.  USIS HAS LENT ITS SUPPORT TO THE OVERALL 
EFFORT TO CURB SEXUAL VIOLENCE BY BROADCASTING A 
WORLDNET PROGRAM DEALING WITH THE ISSUE OF 
DOMESTIC VIOLENCE AND INVITING LOCAL JOURNALISTS 
TO THE EVENT.  ARTICLES ON THE EVENT IN LOCAL 
NEWSPAPERS BROUGNT ADDITIONAL PUBLIC ATTENTION TO 
THE WORLDWIDE PROBLEM OF SEXUAL VIOLENCE. 
 
¶7.  IN ADDITION, A VISIT TO WINDHOEK EARLIER THIS 
YEAR BY HIGH STATE DEPARTMENT OFFICIALS WAS USED 
TO BRING ATTENTION TO THE PROBLEMS OF SEXUAL 
VIOLENCE AND AIDS.  PDAS BUSHNELL AND AF/S BLANEY 
VISITED A CENTER FOR ABUSED WOMEN AND CHILDREN AND 
THE VISIT, ALONG WITH A BRIEFING PROVIDED BY LOCAL 
POLICE OFFICIALS TO US OFFICIALS AND INVITED MEDIA 
REGARDING THE PROBLEM OF SEXUAL ABUSE, RECEIVED 
WIDE COVERAGE IN THE NATIONAL MEDIA.  THIS GROWING 
ATTENTION FOCUSED ON THE  PROBLEM OF SEXUAL 
VIOLENCE LED TO A CALL RECENTLY BY THE PRIME 
MINISTER FOR LONGER PRISON SENTENCES FOR THOSE 
CONVICTED OF SEXUAL ASSAULTS AGAINST WOMEN AND 
CHILDREN. 
 
¶8.  JUST LAST WEEK THE SENIOR LEGAL ADVISER IN THE 
ATTORNEY GENERAL'S OFFICE REQUESTED ASSISTANCE IN 
OBTAINING COPIES OF U.S. SENTENCING COMMISSION 
GUIDELINES AND OTHER RELEVANT PORTIONS OF THE 
VIOLENCE AGAINST WOMEN ACT OF 1994. SHE HAS 
REQUESTED THIS INFORMATION TO ASSIST THE AG'S 
OFFICE IN PREPARING A VIOLENCE AGAINST WOMEN ACT 
FOR NAMIBIA. 
 
¶9.  THIS MISSION, THROUGH A COORDINATED APPROACH 
UTILIZING 116E FUNDS, SELF HELP MONIES, USIS 
PROGRAMMING AND ATTENDANCE BY EMBOFFS AT WOMEN'S 
EVENTS FROM GENDER SECTORAL COMMITTEE MEETINGS, TO 
THE LAUNCH OF THE NAMIBIA MEDIA WOMEN'S 
ORGANIZATION AND SPORTS EVENTS FOR WOMEN, HAS NOT 
ONLY THE DEMONSTRATED THE US GOVERNMENT'S INTEREST 
IN ELIMINATING ALL FORMS OF DISCRIMINATION AGAINST 
WOMEN BUT ALSO OUR DESIRE TO USE HUMAN RIGHTS AND 
OTHER FUNDS AT OUR DISPOSAL TO ASSIST NAMIBIAN 
WOMEN IN TURNING THE CORNER ON THE ALARMING 
NATIONAL PROBLEMS OF RAPE, DOMESTIC VIOLENCE AND 
SEXUAL ASSAULTS ON CHILDREN. 
 
 
MCCALLIE