Children’s Rights – A Review of the Child Care Protection Bill

For years, the rights of children have been disrespected and there was not substantive legal documents that were directed to the preservation and protection of children’s rights.

Spearhearded by the Ministry of Gender Equality and Child Welfare since independence, the Child Care Protection Bill provides a legislative framework to give effect to the rights of children 18 years old or younger. The , in its social responsibility to inform and educate the youth, took a light review of the bill.

The bill’s chapter two, under the headline ‘objects of act, general principles and age of majority’, discusses beneficial themes to a child such as ‘best interests of the child’, ‘child participation’, ‘children’s rights to basic conditions of living’, ‘duties in respect of children’, ‘children’s duties and responsibilities’ and also accommodating ‘children with disabilities’.

This chapter asks that persons with parental responsibilities have the duty to always act in the best interests of the child and protect the child from neglect, discrimination, violence and harm. With regards to the child’s responsibilities, the bill stipulates that children have responsibilities to serve their nation, respect the rights of all other persons in Namibia and preserve and strengthen national solidarity.

Amongst others, the bill makes provision for the office of the Ombudsman to appoint a children’s advocate who will investigate and act on complaints about any violation of children’s rights.

The bill, in chapter three, proposes the establishment of the national advisory council on children. The proposed national advisory council on children would be a cross-sector body that will monitor the implementation of the law and advise on child rights issues. The council is to consist of 13 members.

The bill further proposes the establishment of a children’s court and children’s commissioners. In response to ever-growing poverty, the bill proposes the establishment of a children’s fund. The funds are to be used for the council’s activities, early childhood development programmes and other operational needs.

Part four of the same chapter asserts that the minister must provide a social worker or a child protection organisation appointed or designated in terms, who or which complies with the prescribed requirements and who or which, in the opinion of the minister, is fit and proper to be entrusted with the performance of functions and duties in terms of this act, with a certificate indicating the functions and duties which such social worker or organisation is authorised to perform.

The bill calls for proper children’s courts and children’s commissioners. For the purpose of this act, every magistrate’s court is a children’s court and has jurisdiction in any matter arising from the application of this act for its area of jurisdiction.

A children’s court is a court of record and has a similar status to that of a magistrate’s court at a district level. The chapter proposes more on how children issues should be treated in court and how children should be represented.

Chapter five of the bill speaks on the child’s place of safety and care. It also gives light to the establishment of early childhood development centers to ‘care for children from birth to the age of formal schooling and which offers a structured set of learning activities’.

Chapter six of the bill gives attention relating to status of certain children. It encapsulates procedures to proof of parentage, presumption of paternity, powers of children’s court in respect of certain High Court orders and other issues.

Chapter seven explicates parental responsibilities and rights and parenting plans. The chapter states the rights and responsibilities of such person in respect of a child. Such rights include the right to contribute to the maintenance of the child and having custody of the child. Parenting plans shed more light on how parenting a child is to be executed. A parenting plan may be registered with the clerk of the children’s court within whose area of jurisdiction the child concerned is ordinarily resident.

Chapter eight explains kinship care. Kinship care is where families make their own arrangements for children to live with someone other than the parent, such as extended families. In the event where the parents of a child are dead and that child was brought up by relatives, the relatives can register for kinship care at a magistrate’s court.

Chapter 10 stipulates child protection proceedings against children under certain circumstances who may need protection services.

In reference to self-reporting by child, “a child may make a report that he or she believes himself or herself or another child to be in need of protective services contemplated in section 131, to a community child care worker, a social auxiliary worker, a social worker or a member of the police”. The chapter speaks on many circumstances under which a child may require protection and how such a child could be helped legally and procedures to be taken to account.

Chapter 12 of the bill is dedicated to contribution orders. This chapter is dedicated to all persons legally liable to maintain or to contribute towards the maintenance of a child. It include legal procedure to be undertaken in such circumstances in the best interest of the child.

At a time when children are facing numerous challenges, the bill also speaks against child trafficking. It provides general provisions in respect of child trafficking, how reporting such cases should be handled, liabilities of carriers and factors to be considered when sentencing offenders.

The bill was passed in the National Assembly on 4 March. The bill was passed to give effect to certain rights of children as contained in the Namibian Constitution. In essence, the lengthy bill has received much praise from state parties and international organisations.

Now that the bill has been passed, “we will have to give the ministries responsible for the bill some time to familiarise themselves on the new law and review this in light of the budget they inherited as well. The 2015/2016 budget will be an indication of previous’ government’s commitment to realizing children’s rights in Namibia,” said MISA’s child rights officer, Lizette Feris.

The United Nations Children’s Fund has welcomed the passing of the Child Care and Protection Bill as a realisation of children’s rights in Namibia. “We encouraged, supported and followed the development and consultations on the bill and are pleased that the child protection environment in Namibia is now strengthened with a robust legal framework,” said Unicef’s representative in Namibia, Micaela Marques de Sousa, at a recent event.

Now that the bill has been passed, children equally need to familiarise themselves with the document. “I think the children should learn about their rights and responsibilities during discussions at home and at schools. A special effort should be made to educate parents, care givers and educators on the provisions of the bill, and the impact it has on the lives of children and families,” emphasised Lizette.

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