CAT/C/NAM/CO/2
(c)
The Optional Protocol to the Convention on the Elimination of All Forms of
Discrimination against Women, on 26 May 2000;
(d)
The African Charter on the Rights and Welfare of the Child, on 23 July 2004;
(e)
The Rome Statute of the International Criminal Court, on 25 June 2002;
(f)
The Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime, on
16 August 2002;
(g)
The Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, on 16 August 2002;
(h)
The United Nations Convention against Transnational Organized Crime, on
16 August 2002;
(i)
The International Labour Organization Forced Labour Convention, 1930 (No.
29), the Abolition of Forced Labour Convention, 1957 (No. 105), the Minimum Age
Convention, 1973 (No. 138) and the Worst Forms of Child Labour Convention, 1999 (No.
182), on 15 November 2000.
5.
The Committee also welcomes the following legislative measures taken by the State
party in areas of relevance to the Convention:
(a)
The Combating of Rape Act, No. 8 of 2000;
(b)
The Criminal Procedure Amendment Act, No. 24 of 2003;
(c)
The Combating of Domestic Violence Act, No. 4 of 2003;
(d)
The Education Act, No. 16 of 2001;
(e)
The Child Care and Protection Act, No. 3 of 2015.
6.
The Committee further welcomes the following initiatives taken by the State party to
amend its policies, programmes and administrative measures to give effect to the
Convention:
(a)
The National Human Rights Action Plan 2015-2019;
(b)
The prevention of torture campaign, launched on 19 March 2015;
(c)
The National Plan of Action on Gender-Based Violence 2012-2016.
7.
The Committee welcomes the visits carried out in 2011 by the Special Rapporteur
on the human rights to safe drinking water and sanitation, and in 2012 by the Special
Rapporteur on the rights of indigenous peoples and the Special Rapporteur on extreme
poverty and human rights.
C.
Principal subjects of concern and recommendations
Definition of torture and cruel, inhuman or degrading treatment
8.
While welcoming the State party’s recognition of the importance of incorporating an
article providing for the absolute prohibition of torture in its legislation and also welcoming
the bill on prevention and combating of torture, the Committee remains concerned that until
the bill has been adopted, Namibian legislation does not contain a definition of torture. The
Committee is also concerned that cruel, inhuman and degrading treatment is not fully
covered in the bill, such as in the definition of the term “victim” (arts. 1 and 16).
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