THE RIGHT TO PUBLIC PARTICIPATION The right of the public (the people) to participate in decisions which affect them is recognised and guaranteed in all major human rights instruments. Namibia ratified and/or acceded to most of these instruments. The most relevant of these are the following: 1. The International Covenant on Civil and Political Rights (Namibia Ratified) Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in Article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives 2. The African Charter on Human and Peoples’ Rights (Namibia Ratified) Article 13(1) Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 3. AFRICAN CHARTER ON DEMOCRACY, ELECTIONS AND GOVERNANCE (Namibia has not Ratified) Article 10(2) State Parties shall ensure that the process of amendment or revision of their constitution reposes on national consensus, obtained if need be, through referendum. The conduct of public affairs, as clarified in General Comment 25 of the UN Human Rights Committee, is a broad concept which relates to the exercise of political power whether legislative, executive or administrative. The right to public participation is, however, not confined to decisions of a political nature only. The African Charter on Democracy, Elections and Governance embraces such recognition. With reference to the topic under discussion, the Charter explicitly commits its State parties to ensure that the process of amending or reviewing their constitutions shall be anchored in national consensus, obtained, if need be, through referendum. Namibia, strikingly, did not ratify this Charter. In 2009 the African Commission on Human and Peoples’ Rights recommended that Namibia do so. However, to date the country has not heeded this call.
Posted on: Wed, 13 Aug 2014 15:34:29 +0000
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