Constitution of Namibia

After a century of colonialism, Namibia became independent on 21st March 1990. The path to independence has been outlined elsewhere and here it is only useful to mention two key ‘instruments’ along the way, namely Resolution 435 and the ‘1982 Constitutional Principles’. United Nations Security Council Resolution 435 was accepted on 29th September 1978, after multilateral negotiations headed by the Western Five Contact Group (Canada, France, Great Britain, the USA, and West Germany) that involved key players in the dispute over Namibia, foremost of which were the colonial power, South Africa, and the main liberation movement, the South West African People’s Organisation (SWAPO). The resolution included reference to a timetable of steps that would be taken to achieve independence for Namibia once the United Nations-supervised plan was implemented. The UN would oversee and monitor the process but South Africa would continue to administer the country, including implementing all of the phases of the plan, until the date of independence. Crucially, the UN plan included elections for a Constituent Assembly, drafting and approving the constitution, and then independence based on the provisions of the constitution.

The ‘1982 Constitutional Principles’, which were contained in Security Council document S/15287, were the product of negotiations between the Western Five Contact Group and all parties to the dispute. They were a major element in the effort to allay suspicions that the party that won the election for a constituent assembly would force its own draft on everyone else. The agreement included these key points:

• The constitution would be adopted by a minimum of two-thirds of members of the assembly;

• It would include a Bill of Rights, safeguarding the interests of individuals and minorities;

• There would be a constitutional court to protect against infringements of the Bill of Rights;

• There would