Children’s Status Bill revamped

A CONTROVERSIAL bill which aims to give children equal rights irrespective of the marital status of their parents, returned to the National Assembly yesterday, a year and nine months since a first version was first tabled.

After much to and fro in opinion, especially regarding the custody and guardianship of children born out of wedlock, the revised Children’s Status Bill proposes that both parents share custody and guardianship of such a child. A children’s court may, however, grant sole custody to one parent.The original bill proposed that parents automatically shared custody of the child when he/she turned seven.The children’s court can allow a child who will be affected by any decision made in terms of the Act an opportunity to express his or her views or preferences if the court decides that the child is able to understand and participate in the proceedings.Last year, the version of the bill before the House sparked a demonstration of human rights and women’s groups who demanded that mothers should automatically get sole custody of a child during the first years of its life, after which a father can challenge that status.The same sentiment was expressed at public hearings held countrywide last year, but former Minister of Women Affairs Netumbo Nandi-Ndaitwah refused to accept much of the input in the parliamentary committee’s report compiled from public opinion.The bill lapsed in March, when the Parliament session came to an end without the bill being passed.The bill has been in the offing for 10 years.Yesterday, Minister of Gender Equality Marlene Mungunda said the aim of the bill had not changed and that it was still the intention to shift the focus from parents’ interests to those of the child and to challenge some preconceptions of Namibia’s heavily patriarchal traditional cultures.”Children are not things or objects and must not be treated as such.Children are not property.Children are not useless just because they do not contribute financially.Children born outside of marriage are not lesser beings than those born within marriage,” said Mungunda.The Minister estimated that at least fifty percent of all Namibian children are born outside of marriage.”So far such children have been seriously disadvantaged.The aim of the proposed law is not only to protect all children, but also to encourage responsible parenthood,” said Mungunda.The bill will allow children born out of wedlock to inherit from their parents the same as children born within wedlock.Where a parent with sole custody of a child dies, the surviving parent becomes the sole custodian of the child, unless a court directs otherwise on application.Where parents share equal rights of custody, the surviving parent acquires sole custody of the child on the death of the other parent.If there is no custodian or guardian for the child, an interested person may apply to the children’s court for appointment as the child’s guardian.The Minister said she felt that the new version of the bill adequately addressed concerns and arguments raised during last year’s discussion on the bill.A children’s court may, however, grant sole custody to one parent.The original bill proposed that parents automatically shared custody of the child when he/she turned seven.The children’s court can allow a child who will be affected by any decision made in terms of the Act an opportunity to express his or her views or preferences if the court decides that the child is able to understand and participate in the proceedings.Last year, the version of the bill before the House sparked a demonstration of human rights and women’s groups who demanded that mothers should automatically get sole custody of a child during the first years of its life, after which a father can challenge that status.The same sentiment was expressed at public hearings held countrywide last year, but former Minister of Women Affairs Netumbo Nandi-Ndaitwah refused to accept much of the input in the parliamentary committee’s report compiled from public opinion.The bill lapsed in March, when the Parliament session came to an end without the bill being passed.The bill has been in the offing for 10 years.Yesterday, Minister of Gender Equality Marlene Mungunda said the aim of the bill had not changed and that it was still the intention to shift the focus from parents’ interests to those of the child and to challenge some preconceptions of Namibia’s heavily patriarchal traditional cultures.”Children are not things or objects and must not be treated as such.Children are not property.Children are not useless just because they do not contribute financially.Children born outside of marriage are not lesser beings than those born within marriage,” said Mungunda.The Minister estimated that at least fifty percent of all Namibian children are born outside of marriage.”So far such children have been seriously disadvantaged.The aim of the proposed law is not only to protect all children, but also to encourage responsible parenthood,” said Mungunda.The bill will allow children born out of wedlock to inherit from their parents the same as children born within wedlock.Where a parent with sole custody of a child dies, the surviving parent becomes the sole custodian of the child, unless a court directs otherwise on application.Where parents share equal rights of custody, the surviving parent acquires sole custody of the child on the death of the other parent.If there is no custodian or guardian for the child, an interested person may apply to the children’s court for appointment as the child’s guardian.The Minister said she felt that the new version of the bill adequately addressed concerns and arguments raised during last year’s discussion on the bill.