Hamunyela lashed over ‘discrimination

Namibia Correctional Service (NCS) boss commissioner general Raphael Hamaunyela has received a tongue-lashing from different quarters for his decision to bar individuals with visible tattoos from applying for positions in the service.

Politicians, social justice movements and human rights lawyers say this is unfair and discriminatory.

Hamunyela yesterday told Desert Radio: “Those with tattoos have made a decision not to work in the correctional service and should try in other ministries.
“The NCS shall not recruit persons with visible tattoos on their bodies, hence the need to amend the recruitment policy and the code of conduct.”

He added: “I do not think there is someone who has been born with tattoos. Tattoos are a choice. When you choose to have a tattoo, you also choose not to join the correctional service. You can join the agriculture, health or other ministries.”

Hamunyela reinforced the contents of an internal memo released by the Ministry of Home Affairs, Immigration, Safety and Security, noting that most tattoos represent gangs, which correctional officers should not be associated with.

‘DISCRIMINATORY’

Labour expert Herbert Jauch disagrees with Hamunyela, saying everyone is innocent until proven guilty by a court of law.

Jauch says it is discriminatory to exclude people from employment creation opportunities because of tattoos.

He says it is not clear what Hamunyela bases his argument on, but if correctional officers collaborate with inmates, it is a dismissable offence.

“A thorough police investigation must be launched if there are any suspicions of this nature, however, if one is basing their arguments on assumptions, then that is discrimination,” he says.

Swapo Party Youth League (SPYL) spokesperson Moses Shikerete agrees that the requirement is discriminatory, adding that tattoos are a fashion trend among young people.

“Tattoos do not communicate any criminal activities. Some people have tattoos of their parents, Jesus, and certain birth dates,” he says.

“We will not entertain such [a requirement],” he says.

Landless People’s Movement (LPM) youth leader Ndala Duminga says Hamunyela’s statement should be condemned as it is discriminatory.

“When it comes to employing young people it is not about what they look like, but about whether they meet the criteria, or whether they are the rightful candidates for those specific positions,” she says.

Duminga says Article 10 of the Namibian Constitution stipulates that nobody may be discriminated against on the grounds of sex, race, colour, ethnic origin, religion, creed or social or economic status.

She says Hamunyela’s statement is careless.

“This will encourage public offices to come up with ridiculous requirements that are not within the confinement of the Constitution or the Public Service Act,” Duminga says.

“It is discriminatory in its nature and intent, and it is vulnerable [sic] to abuse by appointing officers,” he said.

Katjimune said that the requirement is dangerous and should be rejected.

“Today it may be tattoos, and tomorrow it will be some other ridiculous requirement,” he said.

Katjimune called on Hamunyela to revoke the requirement with immediate effect.
Independent Patriots for Change (IPC) spokesperson Immanuel Nashinge says there is no proof to back up Hamunyela’s claim that officials with tattoos belong to gangs.
“You cannot just demonise and declare it as a criminal thing without having facts,” he says.
“If a tattoo is saying ‘peace’ for instance, how is that criminal? These are emotional decisions by the correctional service boss,” he says.

LEGAL VIEW

Legal Assistance Centre director Tony Hancox says people have the right to equality and freedom from discrimination.
“Secondly, you have a right to bodily integrity, which means you really can do what you want with your body,” she says.

Hancox says one also has the right to work, and looking different should not be held against individuals.

“On the other hand, I can always say that in certain professions there are certain things the organisation can put in place,” she says.

‘UNCONSTITUTIONAL’

Human rights lawyer and University of Namibia lecturer John Nakuta says Hamunyela’s views are unconstitutional.

“The commissioner does not have express provisions in the Constitution, the Labour Act, and/ or the Public Service Act that prohibit appearance based on tattoos.

“The issue of tattoos is accordingly commonly dealt with in an employer’s dress code and HR policy and standards.

“This does not mean though that the employee is at the whims and caprices of the employer . . . the exercise of power must be justified and have a rational basis,” he says.

“Worryingly, the decision, if implemented, would disproportionately affect young people, thereby contributing to the scourge of youth unemployment already plaguing our country . . . It is, in my view, potentially unlawful,” Nakuta says.

ADAMANT

Hamunyela, however, remains adamant that it is the NCS’ responsibility to see that inmates are rehabilitated through professional conduct, adding that his officers are not allowed to participate in criminal activities.

“Inmates come to us and join gangs, and these gangs have to draw tattoos on their bodies to be identified,” he says.

He says to protect themselves, inmates, and the “entire environment”, the NCS would never allow anyone with tattoos on its staff.

“We do not want you to carry a symbol or sign that shows you are from gang number 28,” Hamunyela says.

“Gangs are giving the authorities serious headaches. We realise that some of our members are part of these gangs.”