Judge orben sibeya, speaking about the value of human dignity, once said that the Constitution declares that the intrinsic worth of all human beings is fundamental to our democracy.
Like the South African constitution, the Namibian Constitution, when properly considered, provides a historic bridge between the past of a deeply divided society characterised by conflict, untold suffering and injustice, and a future founded on the recognition of human rights, democracy and peaceful coexistence.
The framers of our Constitution directed that it is both desirable and necessary that the fundamental rights in our Constitution shall be respected not only by the state but, where applicable, by all natural and legal persons.
This means that the Constitution expects both the state and citizens to respect fundamental rights – including the right that “the dignity of all persons in Namibia shall be inviolable”.
CHILLING TRENDS
Recent chilling developments raise serious doubts about whether we – both the state and citizens – are still committed to the inviolability of human dignity.
Media reports are full of alarming stories of police brutality such as unjustified fatal shootings of unarmed civilians, unnecessary and prolonged pretrial detentions, as well as despicable crimes committed by men against women and children.
Social media is used to dehumanise others through hate-filled gossip, for politically motivated character assassination, and ferments a culture of utilising insults as public discourse.
These trends represent an open contempt for humanity.
It appears that not everyone accepts the morality and the social merit of leaving behind our past, a past associated with vengeance, division, disrespect for human dignity and violent resolutions for societal disputes.
In fact, some appear to be unable to resist the ego-induced temptation to perpetuate and foster a shameful culture of violence and the promotion of fear.
The sanctity of private life and people’s right to be left alone have been invaded by a debilitating onslaught against human dignity carried out on social media.
RESPECT VERSUS REPUGNANCE
We must remember that the Constitution defines human dignity as inalienable because of our people’s past painful experiences at the hands of repugnant apartheid-inspired policies.
The legacy of the past is one in which the value of human dignity was demeaned.
In fact, socio-economic factors sponsored by the apartheid regime created an accepted climate of violence and lack of respect for the intrinsic worth of human beings.
The spirit of a new society ought to be represented by a Constitution which bridges the past and the future.
As a result, the Namibian nation at independence was expected to adopt real changes in mental attitude: From vengeance to an appreciation of the necessity of understanding between individuals and the state, from retaliation to reparation, and from victimisation to respect for human worth.
TIES THAT BIND
A court of appeal in Tanzania once stated that its constitution balances the reality of the coexistence of the individual and society, the coexistence of rights and duties of the individual, and the collective of communitarian rights and duties of society.
In effect, this coexistence means that the rights and duties of individuals are limited by the rights and duties of society, and vice versa.
In Namibia, too, both the state and individuals need to appreciate that the Constitution seeks to articulate shared aspirations of the nation, the values which bind its people and discipline the government and the national ethos that define Namibia as a country founded on the principles of the rule of law and justice for all.
Namibia’s survival largely depends on us adopting group solidarity and fostering peace, unity and justice for all.
PLURALISM AND TOLERANCE
Our nationhood should embrace compassion, respect and human dignity.
Hate, revenge and violence should have no place in our nation.
Our collective behaviour must reflect a deliberate emphasis on respect for human dignity, and mark a shift from confrontation to conciliation.
In our dealings with one another we must be guided by the hallmarks of a truly democratic society: Pluralism and tolerance.
We must reject behaviour that degrades others and subjects them to psychological harm – which can cause more damage than physical injury.
Namibia will be at a great disadvantage if we build a society whose children are constantly at each other’s throats.
We must promote a society that believes in fair dealings and civility.
We must encourage cooperative virtues of reasonableness, a sense of fairness and a spirit of compromise.
This requires a foundation of equality and mutual respect among our citizens.
- Sisa Namandje is a legal practitioner of both the High Court and Supreme Court of Namibia, and is the author of six law publications.
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