A/HRC/24/41/Add.1 Organization initiated independence efforts, and in 1988 South Africa agreed to end its administration, leading to the independence of Namibia in March 1990. 13. Namibian independence brought with it a Constitution that contains numerous progressive elements from a human rights perspective. For example, chapter three of the Constitution establishes the protection of fundamental rights and freedoms, including equality and freedom from discrimination, the right to property, the right to culture and the right to education, among other rights. The chapter also includes provisions related to apartheid and affirmative action, among which is the stipulation that Namibia can enact legislation “for the advancement” of people who have been “disadvantaged by past discriminatory laws or practices” (art. 23, para. 2). 14. Customary law is incorporated into the legal framework of Namibia through article 66, paragraph 1, which affirms that both customary law and common law are valid as long as those laws do not conflict with the Constitution or other statutory laws. This recognition of customary law is further elaborated in section 3 of the Traditional Authorities Act (Act 25 of 2000),1 as discussed further in paragraphs 51 and 52 below. 15. Significantly, the Namibian Constitution affirms that all treaties binding upon Namibia, as well as “general rules of public international law”, are incorporated into Namibia domestic law.2 Thus, provisions of international human rights treaties to which Namibia is a party, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, and the International Convention on the Elimination of All Forms of Racial Discrimination, as well as the African Charter on Human and Peoples’ Rights, form part of the domestic laws of the land. Also significant is that Namibia voted in favour of adopting the United Nations Declaration on the Rights of Indigenous Peoples. Namibia is not a party to International Labour Organization Convention No. 169 (1989) concerning Indigenous and Tribal Peoples in Independent Countries, although ratification of this treaty is being considered by the Government. 16. In 2005, the Government approved the creation of the San Development Programme,3 which is dedicated to the development of San communities so that they can be integrated into the mainstream society and economy, in accordance with Vision 2030, the development policy of the Government. In 2009, the Programme was transformed into the Division of San Development,4 which currently operates within the Office of the Prime Minister and has a budget of approximately N$ 2.4 million (approximately US$ 240,000). The mandate of the Division has expanded since its creation to address the Ovatue, Ovatjimba and Ovahimba communities. The Division works in the areas of lands and resettlement, education, economic development and food security. The creation of the Division of San Development within the Office of the Prime Minister is a positive step and appears to have potential for improving the lives of the groups that it supports. However, the Division has been criticized for not being sufficiently effective in the execution of its work. IV. Human rights concerns 17. Despite the many positive elements of the legal framework in Namibia, certain groups continue to face challenges as a result of their historic marginalization or because of 1 2 3 4 6 Act 25 of 2000, Section 3. Article 144. Cabinet decision No. 25/29.11.05/001. Cabinet decision No. 9/28.05.09/005.