Namibia’s conventional arms control regime is fragmented; it is based on a combination of various pieces of aging domestic legislation and international treaties. As it stands, Namibia does not have a dedicated entity that is responsible for regulating state-to-state conventional arms transfers. Key domestic statutes include the Arms and Ammunition Act (AA Act) (1996, as amended), the Defence Act 1 of 2002 and the country’s various trade/customs laws.
The AA Act is presently the core domestic legal instrument for conventional arms control. While the Act regulates the import, export, possession, and licensing of arms, it explicitly exempts weapons held or acquired on “behalf of the State,” including the Defence Force. Additionally, no provisions exist for end-use certification, post-delivery verification, or risk assessments for imports/exports.
The Defence Act, for its part, supplements the AA Act in respect of establishing the legal basis for the existence, command, administration, and operational use of the Namibian Defence Force and its materiel, but does not explicitly regulate the procurement, import, export, transit, or transfer of conventional arms. As such, the AA Act fails to provide for or require end-use certification, post-delivery verification, or risk assessments for imports/exports, leaving significant room for discretion and a notable lack of transparency and accountability.
Additionally, Namibia’s fragmented arms control regime has also been linked to persistent challenges related to illicit weapons flows. Recurrent instances of firearms and ammunition stolen from the Namibian state (NDF and Police) and smuggled into South Africa point to significant weaknesses in stockpile security and management, areas not adequately address in the exiting legal framework. These short comings undermine Namibia’s relations with neighbouring states and harm their international reputation.
In light of this, and Namibia’s accession to the Arms Trade Treaty (ATT) in 2020, the government has embarked on a program of reform to the country’s conventional arms control regime. Though progress has been limited, they have taken several important steps forward. These include the compiling and submission of the initial report (though they have yet to submit any annual reports as required from 2022 onward), reviewing the existing legal framework, and initiating the establishment of an inter-ministerial National Competent Authority. Most importantly, Namibia has formally acknowledged that the existing legislation does not adequately regulate the military or state-to-state transfer of conventional arms, and has committed to drafting and implementing a new dedicated conventional arms control law to address the present gaps in the system.
However, until such time as Namibia does enact new legislation, fully implementing the provisions of the ATT, establishing a single national regulatory authority with a clear mandate and clear risk assessment criteria, the system will remain fundamentally flawed and open to abuse.
