Human rights during state of emergency

Abstract

Abstract provided by author

The adoption of the Namibian Constitution on the 19 February 1990 presented Namibia with some major challenges. The need for firm understanding of human rights and how they are acquired and protected was one. The other challenge on the other hand was how to use necessary and reasonable state power to protect the life of the nation, safety and how to balance constitutional order and human rights during the state of emergency. Therefore, the aim of this dissertation is to investigate whether the government or Parliament of Namibia needs to enact a state of emergency Act, as it is the case in South Africa

The first chapter will deal with the introduction, Namibia's historical background as from 1884 to 1990, and the statement of the problem, the research question and research methodology. Chapter two looks into Article 26 of the Namibian Constitution, other relevant distinctive institutions and the question whether Namibia needs to enact a state of emergency Act, or not.The third chapter will look into the interpretation of the Namibian Constitution, entrenchment of constitutional rights and amendment. The fourth chapter will investigate the limitations upon fundamental human rights and freedoms during the state of emergency, the impact of the state of emergency on freedoms, security of arrested persons, detention and their rights to fair trial. Chapter five will deals with the question whether Namibia must be guided by international law in adjudicating upon state of emergency and finally chapter six draws the conclusion and makes recommendation.