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