Namibia
Namibia has dedicated counterterrorism provisions in a national law passed in 2014. There is no carve-out for the exercise of fundamental human rights.
The Definition of Terrorism in Domestic Law
The 2014 Terrorism Act defines “terrorist activity” as
(a) any act committed by a person with the intention of instilling terror and which is a violation of the criminal laws of Namibia and which may endanger the life, physical integrity or freedom of, or cause serious injury or death to, any person, or group of persons, or which causes or may cause damage to public or private property, natural resources, the environment or cultural heritage and is calculated or intended to -
(i) intimidate, instil fear, force, coerce or induce any government, body, institution, the general public or any segment thereof, to do or abstain from doing any act, or to adopt or abandon a particular standpoint, or to act according to certain principles;
(ii) disrupt any public service, the delivery of any essential service to the public or to create a public emergency;
(iii) create general insurrection in a State; or
(b) any act which constitutes an offence within the scope of, and as defined in one of the [global terrorism] treaties
(c) any promotion, sponsoring, contribution to, command, aid, incitement, encouragement, attempt, threat, conspiracy, organizing, or procurement of any person, with the intent to commit any act referred to in paragraph (a) or (b);
(d) any other act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population, or to compel a Government or an international organisation to do or to abstain from doing any act; or
(e) the payment of ransom to designated persons or organisations, except where such payment is approved or authorised by any government to secure the safety of a national of that country.S. 1(1), 2014 Terrorism Act.
Adherence to Global and Regional Terrorism Treaties
Namibia is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
In adhering to the 1999 Convention, Nambia declared that "a struggle waged by people in accordance with the principles of international law for their liberation or self-determination, including armed struggle against colonialism, occupation, aggression and domination by foreign forces, shall not be considered as terrorist acts." A number of other States objected to this declaration on the basis that it amounted to an unlawful reservation to the Convention.
Namibia is also a State Party to one of the two regional treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1999 Algiers Convention | State Party |
| 2004 Protocol to the Algiers Convention | State not party |
Laws and Penalties for Terrorist Offences
In accordance with Section 2(1) of the 2014 Terrorism Act, a person who, in or outside Namibia, directly or indirectly, engages in any terrorist activity commits the offence of terrorism and is liable to life imprisonment.
Counterterrorism Capacities and Policies at Domestic Level
A key role in countering terrorism is attributed under the 2014 Act to the “Security Commission” established under Article 114 of the Namibian Constitution.
The Namibian Police Force is the national police force of Namibia.
Glossary
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