The LAC: 16 years of promoting human rights

On Friday, the Legal Assistance Centre celebrated its 16th anniversary. Director NORMAN TJOMBE gives an overview of some of the Centre’s work.

BY mid-1988, Namibia was firmly under the iron fist of Apartheid South African rule, and the long and bitter armed struggle for the country’s liberation was still raging, sparking a brutal response by the South Africa security forces. Especially in northern Namibia, torture and assaults, intimidation, arbitrary arrests and detentions without trial, destruction of property, livelihoods and lives, were a daily reality.Human rights abuses were routine and went unpunished.This insufferable situation provided the impetus for the establishment of a public interest human rights law firm – the Legal Assistance Centre.After months of discussions with workers, students and church leaders, and numerous fundraising efforts, Windhoek lawyer, founding director and now Chairperson of the Centre, Dave Smuts opened the doors of the Centre at Ongwediva on July 9 1988.The Centre’s lawyers and paralegals were immediately flooded with cases from people complaining about human rights abuses.Several hundred summonses were issued against the South African government for monetary compensation of several thousands of dollars.The Centre’s lawyers, acting for families of detainees and tortured people, started making inquiries at police stations and detention centres around the country and brought numerous applications in the courts for the release of the Centre’s clients.For the first time in the brutal history of Namibia, the South African regime had to account for its atrocities in its own courts.As people became aware of the Centre, the demands for its services grew.Soon after the first two offices in Windhoek and at Ongwediva opened, the Centre established its presence at Tsumeb, Walvis Bay, Rundu, Gobabis, Mariental, Opuwo and Katutura.The LAC’s commitment to human rights did not endear it to the regime and its security forces.The Apartheid government challenged the very existence of the Centre by claiming that its structure and composition – that of employing lawyers and paralegals to provide legal services to the indigent for free – was illegal.This saw the Centre approach the then Supreme Court of South West Africa to safeguard its existence and its work for the people’s human rights.The current Chief Justice of the South African Constitutional Court, Justice Arthur Chaskalson, was the Centre’s lawyer and after a forceful argument before a full bench, the South African regime emerged from the court room with a bloody nose, which became a common occurrence in the two years leading up to Independence.Staff members of the Centre were now receiving death threats from the security forces.But, undeterred, the dedicated staff soldiered on and very rapidly transformed a legal landscape in which the might of the state had been previously unchallenged, and began giving a voice to all who had for so long suffered in silence.A culture of human rights, for so long a yearning in the hearts of ordinary Namibians, was emerging in a very tangible form.At the opening ceremony of its Ongwediva office, Dave Smuts said:”The aim of establishing the Centre is closely related to the ideal of establishing a human rights culture … where human rights would be respected and the law would be transformed from an instrument of oppression into a means of securing rights and justice.”This noble guiding vision, crafted in the Centre’s mission statement and uncompromisingly reflected in its work, did not disappear with the advent of Namibia’s Independence two years later.As Independence loomed, the Centre provided support to the process.Among others, the Centre played an important role in the release of political prisoners in the days leading up to Namibia’s first ever free elections.With the overwhelming number of Namibians never having voted in their lives, there was a lack of information on voting, and the Centre was quick to get on board and to provide voter education.It also monitored the election campaign and the elections themselves.Following representations by the Centre to the United Nations and the authorities, restrictive laws that impeded free and fair elections were repealed and political prisoners released.Considering the country’s brutal history, it would have seemed beyond the wildest dreams of many to see the beautiful Namibian flag hoisted on March 21 1990 in an independent, democratic and free Namibia with a Bill of Human Rights equalled by only a few in the world.In celebrating Independence and the attendant rights and freedoms, the Centre took up the challenge of providing content to these newly acquired rights and responsibilities.The Bill of Human Rights was published in a simplified version and translated into many Namibian languages.POST-INDEPENDENCEOne of the most important pieces of legislation, the Labour Act of 1993, was promptly published in a plain English version and after many reprints that work remains sold out.The Centre and the workers’ unions then trained officials from the unions to deal with labour disputes in the context of the new law.The Centre’s staff provided valuable input to new laws being debated in Parliament, such as the Married Persons Equality Act, the Social Security Act, the Land Reform Acts, the Maintenance Act, the Namibia Communications Bill.The work of the Centre broadened from mainly litigation to education, research, law reform, affirmative action, gender, children, conservation, land and environmental issues.It was recognised that the Centre would continue to play a crucial role in the building of a young constitutional democracy.For this, a cadre of young Namibian lawyers was needed and money was raised for this purpose.Over 20 young Namibians qualified as lawyers, including the Centre’s current director, as well as more than 10 past and present staff members.The United Nations was fully cognizant of the work of the Centre, and in 1997 it was awarded the prestigious Unicef Maurice Pate Human Rights Award.Through litigation, research and public debates, the Centre continued to give content to the rights enshrined in the Constitution and other laws.The Centre’s lawyers argued that the first constitutional challenge in Namibia’s newly established Supreme Court.It saw the Court agree that the Constitution should be interpreted “… generously suitable to give to individuals the full measure of the fundamental rights and freedoms…”.In the Centre’s second case before the Supreme Court, the Court agreed that “any limitations on the rights and freedoms should be guided by values and principles essential to a free and democratic society respecting the inherent dignity of a human person, equality, non-discrimination, social justice and other such values …” With that case, the Court firmly established the rule that “freedom of speech was essential to the evolutionary process set up at Independence in order to rid the country of apartheid and its attendant consequences …” and “to live in and maintain a democratic State, the citizens had to be free to speak, criticise and praise where praise was due.”Building on such important legal milestones, the Centre continued to render its services to strengthen Namibia’s young democracy.In collaboration with Government, old discriminatory laws were repealed and new laws drafted that conformed with the Constitution.Several of the new laws, such as the Combating of Rape Act of 2000, are arguably among the most advanced in the world.Well aware of its tasks of working towards protecting the most vulnerable in society, the Centre provided its services in the health sector in the context of the HIV-AIDS pandemic.In a landmark case, the Centre’s lawyers successfully challenged the Namibian Defence Force not to exclude HIV-positive people from the Force.The Centre’s work in establishing a human rights approach to deal with the pandemic is highly sought after.Emphasis is now placed on the socio-economic rights of Namibians, and to that end, clients are helped to assert their rights to equal and equitable access to public resources, such as health, housing, water, land and justice.As it celebrates its 16th anniversary, the Legal Assistance Centre has stood up to the challenges faced by the constitutional democracy and has, and will continue to do so, in years to come.* Tjombe is a human rights lawyer and the Director of the Legal AssistanceEspecially in northern Namibia, torture and assaults, intimidation, arbitrary arrests and detentions without trial, destruction of property, livelihoods and lives, were a daily reality.Human rights abuses were routine and went unpunished.This insufferable situation provided the impetus for the establishment of a public interest human rights law firm – the Legal Assistance Centre.After months of discussions with workers, students and church leaders, and numerous fundraising efforts, Windhoek lawyer, founding director and now Chairperson of the Centre, Dave Smuts opened the doors of the Centre at Ongwediva on July 9 1988.The Centre’s lawyers and paralegals were immediately flooded with cases from people complaining about human rights abuses.Several hundred summonses were issued against the South African government for monetary compensation of several thousands of dollars.The Centre’s lawyers, acting for families of detainees and tortured people, started making inquiries at police stations and detention centres around the country and brought numerous applications in the courts for the release of the Centre’s clients.For the first time in the brutal history of Namibia, the South African regime had to account for its atrocities in its own courts.As people became aware of the Centre, the demands for its services grew.Soon after the first two offices in Windhoek and at Ongwediva opened, the Centre established its presence at Tsumeb, Walvis Bay, Rundu, Gobabis, Mariental, Opuwo and Katutura.The LAC’s commitment to human rights did not endear it to the regime and its security forces.The Apartheid government challenged the very existence of the Centre by claiming that its structure and composition – that of employing lawyers and paralegals to provide legal services to the indigent for free – was illegal.This saw the Centre approach the then Supreme Court of South West Africa to safeguard its existence and its work for the people’s human rights.The current Chief Justice of the South African Constitutional Court, Justice Arthur Chaskalson, was the Centre’s lawyer and after a forceful argument before a full bench, the South African regime emerged from the court room with a bloody nose, which became a common occurrence in the two years leading up to Independence.Staff members of the Centre were now receiving death threats from the security forces.But, undeterred, the dedicated staff soldiered on and very rapidly transformed a legal landscape in which the might of the state had been previously unchallenged, and began giving a voice to all who had for so long suffered in silence.A culture of human rights, for so long a yearning in the hearts of ordinary Namibians, was emerging in a very tangible form.At the opening ceremony of its Ongwediva office, Dave Smuts said:”The aim of establishing the Centre is closely related to the ideal of establishing a human rights culture … where human rights would be respected and the law would be transformed from an instrument of oppression into a means of securing rights and justice.”This noble guiding vision, crafted in the Centre’s mission statement and uncompromisingly reflected in its work, did not disappear with the advent of Namibia’s Independence two years later.As Independence loomed, the Centre provided support to the process.Among others, the Centre played an important role in the release of political prisoners in the days leading up to Namibia’s first ever free elections.With the overwhelming number of Namibians never having voted in their lives, there was a lack of information on voting, and the Centre was quick to get on board and to provide voter education.It also monitored the election campaign and the elections themselves.Following representations by the Centre to the United Nations and the authorities, restrictive laws that impeded free and fair elections were repealed and political prisoners released. Considering the country’s brutal history, it would have seemed beyond the wildest dreams of many to see the beautiful Namibian flag hoisted on March 21 1990 in an independent, democratic and free Namibia with a Bill of Human Rights equalled by only a few in the world.In celebrating Independence and the attendant rights and freedoms, the Centre took up the challenge of providing content to these newly acquired rights and responsibilities.The Bill of Human Rights was published in a simplified version and translated into many Namibian languages.POST-INDEPENDENCEOne of the most important pieces of legislation, the Labour Act of 1993, was promptly published in a plain English version and after many reprints that work remains sold out.The Centre and the workers’ unions then trained officials from the unions to deal with labour disputes in the context of the new law.The Centre’s staff provided valuable input to new laws being debated in Parliament, such as the Married Persons Equality Act, the Social Security Act, the Land Reform Acts, the Maintenance Act, the Namibia Communications Bill.The work of the Centre broadened from mainly litigation to education, research, law reform, affirmative action, gender, children, conservation, land and environmental issues.It was recognised that the Centre would continue to play a crucial role in the building of a young constitutional democracy.For this, a cadre of young Namibian lawyers was needed and money was raised for this purpose.Over 20 young Namibians qualified as lawyers, including the Centre’s current director, as well as more than 10 past and present staff members.The United Nations was fully cognizant of the work of the Centre, and in 1997 it was awarded the prestigious Unicef Maurice Pate Human Rights Award.Through litigation, research and public debates, the Centre continued to give content to the rights enshrined in the Constitution and other laws.The Centre’s lawyers argued that the first constitutional challenge in Namibia’s newly established Supreme Court.It saw the Court agree that the Constitution should be interpreted “… generously suitable to give to individuals the full measure of the fundamental rights and freedoms…”.In the Centre’s second case before the Supreme Court, the Court agreed that “any limitations on the rights and freedoms should be guided by values and principles essential to a free and democratic society respecting the inherent dignity of a human person, equality, non-discrimination, social justice and other such values …” With that case, the Court firmly established the rule that “freedom of speech was essential to the evolutionary process set up at Independence in order to rid the country of apartheid and its attendant consequences …” and “to live in and maintain a democratic State, the citizens had to be free to speak, criticise and praise where praise was due.”Building on such important legal milestones, the Centre continued to render its services to strengthen Namibia’s young democracy.In collaboration with Government, old discriminatory laws were repealed and new laws drafted that conformed with the Constitution.Several of the new laws, such as the Combating of Rape Act of 2000, are arguably among the most advanced in the world.Well aware of its tasks of working towards protecting the most vulnerable in society, the Centre provided its services in the health sector in the context of the HIV-AIDS pandemic.In a landmark case, the Centre’s lawyers successfully challenged the Namibian Defence Force not to exclude HIV-positive people from the Force.The Centre’s work in establishing a human rights approach to deal with the pandemic is highly sought after.Emphasis is now placed on the socio-economic rights of Namibians, and to that end, clients are helped to assert their rights to equal and equitable access to public resources, such as health, housing, water, land and justice.As it celebrates its 16th anniversary, the Legal Assistance Centre has stood up to the challenges faced by the constitutional democracy and has, and will continue to do so, in years to come. * Tjombe is a human rights lawyer and the Director of the Legal Assistance