BRIEFING PAPER: ANTI-TERRORISM LEGISLATION IN NAMIBIA Part 6 sets out general provisions dealing with participation in commission of ancillary offences; indemnity; regulations; delegation; and repeal and amendment of laws, among others. A question of definition ‘ ... Namibia’s anti-terrorism law appears to be less restrictive than many other international examples. However, certain aspects of the law are deeply worrying and could still undermine basic human rights set out in Namibia’s Constitution. ’ Internationally, a number of concerns have been raised about legal measures introduced to prevent and combat terrorism since 9/11. These include: l The criminalisation of ‘inciting’ and/or ‘threatening’ terrorism. l The criminalisation of the ‘glorification’ or ‘promotion’ of terrorism. l Detention without charge or trial (and sometimes in secret) for lengthy, even indefinite periods. l The introduction of extensive and secret powers of surveillance. l Control orders which can be placed on individuals to primarily control movement and restrict activity even when such individuals have not been convicted of a crime. l Outlawing (proscribing) of groups labelled as terrorist. l Particular measures targeting foreign nationals suspected of terrorist activities. l Use of closed courts and in camera proceedings. l Gagging orders on the media that restrict reporting on terrorism-related incidents and matters. l Introduction of new police powers e.g. stop-and-search, secret searches of property, right to detain without charge. l Restrictions on the right to protest and demonstrate. Taking these concerns into account, Namibia’s anti-terrorism law appears to be less restrictive than many other international examples. However, certain aspects of the law are deeply worrying and could still undermine basic human rights set out in Namibia’s Constitution. The 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 following treaties (i) the Convention for the Suppression of Unlawful Seizure of Aircraft (1970); (ii) the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (1971); PAGE 5