Namibia 1990 Constitution (reviewed 2014)

CHAPTER 11. Principles of State Policy

Article 95. Promotion of the Welfare of the People

The State shall actively promote and maintain the welfare of the people by adopting, inter alia, policies aimed at the following:

1. enactment of legislation to ensure equality of opportunity for women, to enable them to participate fully in all spheres of Namibian society; in particular, the Government shall ensure the implementation of the principle of non-discrimination in remuneration of men and women; further, the Government shall seek, through appropriate legislation, to provide maternity and related benefits for women;
2. enactment of legislation to ensure that the health and strength of the workers, men and women, and the tender age of children are not abused and that citizens are not forced by economic necessity to enter vocations unsuited to their age and strength;
3. active encouragement of the formation of independent trade unions to protect workers’ rights and interests, and to promote sound labour relations and fair employment practices;
4. membership of the International Labour Organisation (ILO) and, where possible, adherence to and action in accordance with the international Conventions and Recommendations of the ILO;
5. ensurance that every citizen has a right to fair and reasonable access to public facilities and services in accordance with the law;
6. ensurance that senior citizens are entitled to and do receive a regular pension adequate for the maintenance of a decent standard of living and the enjoyment of social and cultural opportunities;
7. enactment of legislation to ensure that the unemployed, the incapacitated, the indigent and the disadvantaged are accorded such social benefits and amenities as are determined by Parliament to be just and affordable with due regard to the resources of the State;
8. a legal system seeking to promote justice on the basis of equal opportunity by providing free legal aid in defined cases with due regard to the resources of the State;
9. ensurance that workers are paid a living wage adequate for the maintenance of a decent standard of living and the enjoyment of social and cultural opportunities;
10. consistent planning to raise and maintain an acceptable level of nutrition and standard of living of the Namibian people and to improve public health;
11. encouragement of the mass of the population through education and other activities and through their organisations to influence Government policy by debating its decisions;
12. maintenance of ecosystems, essential ecological processes and biological diversity of Namibia and utilization of living natural resources on a sustainable basis for the benefit of all Namibians, both present and future; in particular, the Government shall provide measures against the dumping or recycling of foreign nuclear and toxic waste on Namibian territory.

Article 96. Foreign Relations

The State shall endeavour to ensure that in its international relations it:

1. adopts and maintains a policy of non-alignment;
2. promotes international cooperation, peace and security;
3. creates and maintains just and mutually beneficial relations among nations;
4. fosters respect for international law and treaty obligations;
5. encourages the settlement of international disputes by peaceful means.

Article 97. Asylum

The State shall, where it is reasonable to do so, grant asylum to persons who reasonably fear persecution on the ground of their political beliefs, race, religion or membership of a particular social group.

Article 98. Principles of Economic Order

1. The economic order of Namibia shall be based on the principles of a mixed economy with the objective of securing economic growth, prosperity and a life of human dignity for all Namibians.
2. The Namibian economy shall be based, inter alia, on the following forms of ownership:
   1. public;
   2. private;
   3. joint public-private;
   4. co-operative;
   5. co-ownership;
   6. small-scale family.

Article 99. Foreign Investments

Foreign investments shall be encouraged within Namibia subject to the provisions of an Investment Code to be adopted by Parliament.

Article 100. Sovereign Ownership of Natural Resources

Land, water and natural resources below and above the surface of the land and in the continental shelf and within the territorial waters and the exclusive economic zone of Namibia shall belong to the State if they are not otherwise lawfully owned.

Article 101. Application of the Principles contained in this Chapter

The principles of state policy contained in this Chapter shall not of and by themselves be legally enforceable by any Court, but shall nevertheless guide the Government in making and applying laws to give effect to the fundamental objectives of the said principles. The Courts are entitled to have regard to the said principles in interpreting any laws based on them.