After Trump’s repulsive comments this week, it’s important
to recognize that the United States can actually learn a lot from African countries.
Namibian government, and particularly its constitution, provides a perfect
example. Namibia gained its independence in 1990, which means many of the
concerns addressed by its founding document are distinctly modern ones. Like
our own, the Namibian constitution dictates the structure of a democratic
government and certain basic human freedoms. However, it also includes the
civil and environmental protections that have become so crucial in this
century.
Whereas the American constitution tends to use freedom as
its guiding principle, the founding document of Namibia seems to be based on
the people’s well being. Its provisions explicitly prohibit racial
discrimination and guarantee the protection of children’s health and
development. Article 95, entitled “Promotion of the Welfare of the People”
declares that the government will work towards policies that provide equal
treatment and maternity benefits for women, as well as financial support for
the elderly and the disabled. It encourages the formation of unions for the
benefit of workers.
The United States constitution, indeed, our entire form of
government, was developed in a time when only white, wealthy, often able-bodied
men were able to participate in government, and often, in society. Our
amendments had to correct provisions that blatantly discriminated against black
people. To this day, Congress has failed to pass an equal rights amendment for
women. In theory, new amendments and our interpretation of old ones has
expanded to include women, people of color, and people who are not heterosexual.
In many cases, the U.S. has succeeded in supporting these groups. And not all
demographics receive comparable protection in Namibia; for instance,
homosexuality is still taboo.
But there’s something to be said for the civil rights
enshrined in the Namibian constitution, which seem to ripple out into policies
that serve society at large. While the poverty rate in Namibia is double that
of the U.S., new progressive taxation and benefits in Namibian cut extreme
poverty by 25% in 2010. (This improvement was largely made possible by an old
age pension.) While there is no paid maternity leave guaranteed in the U.S.,
new Namibian mothers are ensured at least some paid time off. While America
incarcerates over 2 million people, often due to discriminatory criminal justice
policies, Namibians are 80% less likely to be in jail.
Furthermore, our constitution was drafted in a time when
nations were still trying to conquer the world, rather than save it. The
Namibian constitution was the first African constitution that included environmental
protections, also dictated by Article 95. The Article states that the
government will support, “maintenance of ecosystems, essential ecological processes
and biological diversity of Namibia and utilization of living natural resources
on a sustainable basis for the benefit of all Namibians, both present and
future.” In the past 28 years, the Namibian federal government has passed over
30 laws to protect the environment; in the same timeframe, the U.S. federal
government has passed many fewer, in part because of the need to balance state
and federal power.
Reality in Namibia does not necessarily live up to the goals
outlined in its constitution; income inequality remains high, the poor have
difficulty finding work, and women face discrimination in both the public and
private spheres. But by the ideals declared in its constitution, Namibia has
put itself on a path toward inclusivity and sustainability. As Americans work
toward these goals for ourselves, we ought to at least consider stating them in
our own founding document.
-Mini Racker
Sources:
I wonder what a U.S. Constitutional Amendment on environmental protection would even look like. With organizations like the EPA starting to ignore their founding missives, would it even make a significant difference?
ReplyDelete-Cole Holderman
I feel like I've read a lot about the ways in which Namibia is constantly trying to balance its lofty ideals with its economic realities/needs. I am really curious if it will ultimately live up to the constitutional goals you describe with enough time as a developing nation, or if it will end up as messy as our country.
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