E/C.12/NAM/CO/1 (d) Expedite the ratification of ILO Indigenous and Tribal Peoples Convention No. 169. San communities 17. The Committee notes with concern that the San communities remain disadvantaged in the enjoyment of economic, social and cultural rights, in spite of the San Development Programme, implemented since 2005 (art. 2 (2)). 18. The Committee recommends that the State party act upon the findings of the reassessment of the status of the San in Namibia, especially as regards the design and implementation of an integrated strategy, specific policies on disadvantaged communities and the allocation of the resources necessary. The Committee recommends that the San communities be consulted and involved in the formulation of programmes and implementation of projects benefiting them. The Committee also recommends that the State party monitor the impact of measures taken on the enjoyment of the Covenant rights by the San communities. Persons with disabilities 19. The Committee is concerned that children with disabilities are disadvantaged in accessing education and that very few persons with disabilities are engaged in gainful employment, as a result of a lack of both enabling policies and resources. The Committee is also concerned that barriers to accessibility of persons with disabilities have been not eliminated. Moreover, the Committee is concerned that persons with disabilities are not accessing the grants available to them, since they have not been made aware thereof by the State party (art. 2 (2)). 20. The Committee recommends that the State party: (a) Allocate resources for the implementation of the Sector Policy for Inclusive Education, especially for ensuring access to inclusive education outside urban areas; (b) Implement special measures, as provided for in the Affirmative Action (Employment) Act, to promote the employment of persons with disabilities; (c) Allocate the resources necessary for ensuring accessibility and availability of public goods and services and for the provision of reasonable accommodation to persons with disabilities, in law and in practice; (d) entitled. Ensure that persons with disabilities obtain the grants to which they are Non-discrimination 21. The Committee notes with concern that the State party, in its Constitution, prohibits discrimination based on only a limited number of grounds. The Committee is also concerned at the lack of comprehensive legislation that addresses discrimination in all economic, social and cultural rights as, for instance, affirmative actions are permitted only in areas such as employment and land allocation. Moreover, the Committee is concerned that discriminatory provisions are still enforced in the State party, such as the criminalization of sexual relations between consenting adult men (art. 2 (2)). 22. The Committee recommends that the State party: (a) Expand the grounds for discrimination prohibited in the Constitution to include, among others, marital status, political or other opinion, HIV status, disability, sexual orientation, language, property and birth; 4

Select target paragraph3