Namibia
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Features of Constitution1

Is there a constitution? Yes
Does the constitution provide for freedom of religion? Yes

Constitution2

Constitution Year 1990
Last Amended 2010
Source Orusovo.com
Translation Original was written in English
Current as of May 11, 2011

Constitution Excerpts (clauses that reference religion)2

Preamble

Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is indispensable for freedom, justice and peace;
Whereas the said rights include the right of the individual to life, liberty and the pursuit of happiness, regardless of race, color, ethnic origin, sex, religion, creed or social or economic status;
�Whereas we the people of Namibia �
�committed to these principles, have resolved to constitute the Republic of Namibia as a sovereign, secular, democratic and unitary State securing to all our citizens justice, liberty, equality and fraternity,
Now therefore, we the people of Namibia accept and adopt this Constitution as the fundamental law of our Sovereign and Independent Republic.


Article 1: Establishment of the Republic of Namibia and Identification of its Territory

(1) The Republic of Namibia is hereby established as a sovereign, secular, democratic and unitary State founded upon the principles of democracy, the rule of law and justice for all.


Article 9: Slavery and Forced Labor

(1) No persons shall be held in slavery or servitude.
(2) No persons shall be required to perform forced labor.
(3) For the purposes of this Article, the expression "forced labor" shall not include:
�(c) any labor required of members of the defense force, the police force and the correctional service in pursuance of their duties as such or, in the case of persons who have conscientious objections to serving as members of the defense force, any labor which they are required by law to perform in place of such service;


Article 10: Equality and Freedom from Discrimination

(1) All persons shall be equal before the law.
(2) No persons may be discriminated against on the grounds of sex, race, color, ethnic origin, religion, creed or social or economic status.


Article 14: Family

(1) Men and women of full age, without any limitation due to race, color, ethnic origin, nationality, religion, creed or social or economic status shall have the right to marry and to found a family. They shall be entitled to equal rights as to marriage, during marriage and at its dissolution.
(2) Marriage shall be entered into only with the free and full consent of the intending spouses.
(3) The family is the natural and fundamental group unit of society and is entitled to protection by society and the State.


Article 19: Culture

Every person shall be entitled to enjoy, practice, profess, maintain and promote any culture, language, tradition or religion subject to the terms of this Constitution and further subject to the condition that the rights protected by this Article do not impinge upon the rights of others or the national interest.


Article 20: Education

�(4) All persons shall have the right, at their own expense, to establish and to maintain private schools, or colleges or other institutions or tertiary education: provided that:
�(c) no restrictions of whatever nature are imposed with respect to the admission of pupils based on race, color or creed;


Article 21: Fundamental Freedoms

(1) All persons shall have the right to:
�(b) freedom of thought, conscience and belief, which shall include academic freedom in institutions of higher learning;
(c) freedom to practice any religion and to manifest such practice;
�(2) The fundamental freedoms referred to in Sub-Article (1) hereof shall be exercised subject to the law of Namibia, in so far as such law imposes reasonable restrictions on the exercise of the rights and freedoms conferred by the said Sub-Article, which are necessary in a democratic society and are required in the interests of the sovereignty and integrity of Namibia, national security, public order, decency or morality, or in relation to contempt of court, defamation or incitement to an offense.


Article 30: Oath or Affirmation

Before formally assuming office, a President-elect shall make the following oath or affirmation which shall be administered by the Chief Justice or a Judge designated by the Chief Justice for this purpose:
"I, ����.. do hereby swear/solemnly affirm,
That I will strive to the best of my ability to uphold, protect and defend as the Supreme Law the Constitution of the Republic of Namibia, and faithfully to obey, execute and administer the laws of the Republic of Namibia;
That I will protect the independence, sovereignty, territorial integrity and the material and spiritual resources of the Republic of Namibia; and
That I will endeavor to the best of my ability to ensure justice for all the inhabitants of the Republic of Namibia.
(in case of an oath) So help me God.


Article 97: Asylum

The State shall, where it is reasonable to do so, grant asylum to persons who reasonably fear persecution on the ground of their political beliefs, race, religion or membership of a particular social group.


Schedule 1: Oath/Affirmation of Judges

"I, �����. do hereby swear/solemnly affirm that as a Judge of the Republic of Namibia I will defend and uphold the Constitution of the Republic of Namibia as the Supreme Law and will fearlessly administer justice to all persons without favor or prejudice and in accordance with the laws of the Republic of Namibia.
(in case of an oath) So help me God."


Schedule 2: Oath/Affirmation of Ministers and Deputy-Ministers

"I, �����. do hereby swear/solemnly affirm that I will be faithful to the Republic of Namibia, hold my office as Minister/Deputy-Minister with honor and dignity, uphold, protect and defend the Constitution and faithfully obey, execute and administer the laws of the Republic of Namibia, serve the people of Namibia to the best of my ability, not divulge directly or indirectly any matters brought before the Cabinet and entrusted to me under secrecy, and perform the duties of my office and the functions entrusted to me by the President conscientiously and to the best of my ability.
(in case of an oath) So help me God."


Schedule 3: Oath/Affirmation of Members of the National Assembly and the National Council

"I, �����. do hereby swear/solemnly affirm that I will be faithful to the Republic of Namibia and its people and I solemnly promise to uphold and defend the Constitution and laws of the Republic of Namibia to the best of my ability.
(in case of an oath) So help me God."

Sources

1.  Data under the "Features of Constitution" heading are drawn from coding of the U.S. State Department's 2008 International Religious Freedom Reports conducted by researchers at the Association of Religion Data Archives. The article by Brian Grim and Roger Finke describes the coding of the International Religious Freedom reports. A dataset with these and the other international measures highlighted on the country pages can be downloaded from this website. Used with permission.

2.  The constitutional excerpts shown above are reproduced from the websites given in the "Source" field; the links to these websites were active as of May 2011. Where the constitutional text shown on these websites was provided in a language other than English, this text was translated to English by ARDA staff with assistance from web-based translation utilities such as Google Translate and Yahoo! Babel Fish. Constitutional text was converted to American English where applicable. Constitutional clauses were judged to contain religious content based largely on the standards used in the construction of the Religion and State Constitutions Dataset collected by Jonathan Fox. Emphases were added to the text by ARDA staff to highlight religious content in articles that also contain content that does not pertain to matters of religion. The data on this page were correct to the best of the knowledge of the ARDA as of the date listed in the "Current as of" field shown above. Please contact us at arda@pop.psu.edu if you are aware of any incorrect information provided on this page.