Harmful Social, Cultural and Religious Practices

ARE INITIATION CUSTOMS such as sikenge and olufuko harmful to the girls who take part in them?

Press reports on these rituals quote positive and negative perceptions of different participants.

A play on olufuko staged in 2018 by students at the Namibia University of Science and Technology similarly dramatised the varying perspectives gleaned from student research and personal experience of the practice.

In 2019, Namrights brought a court case alleging that olufuko is a harmful cultural practice that violates the human rights of girls. They asserted that this tradition is “an inherently coercive female sexual initiation practice”, which violates the dignity and privacy of girls and women, as well as a form of exploitation designed to encourage investment and attract tourism.

The court’s opinion took note of the contrasting view that olufuko is a ceremony meant to provide a transition to adulthood by promoting proper sex education and discouraging sexual encounters by girls before they are sufficiently mature and responsible. It is thus viewed by some as being aimed at preserving girls’ sexual identity, self-respect and family honour.

This court case did not decide which of these views are accurate.

In fact, the case never got out of the starting blocks since it failed on the issue of Namrights’ standing to bring the case.

The court dismissed the application, noting that Namrights had presented no evidence pertaining to any girl who had actually been exposed to the ritual, nor any information from a parent or guardian of any such child.

Namrights had also not shown that the children who were directly affected (or their parents) were unable to approach the courts themselves, or that it was an organisation with special expertise on the issue of olufuko.

Sikenge and olufuko are not the only cultural practices which may be considered harmful.

People are likely to also have differing opinions on other initiation rites, such as the sexual initiation of girls by male relatives, or the stretching of girls’ genitals in preparation of marriage.

What about the circumcision of boys, or the piercing of girls’ ears?

Is it harmful to children to impose such customs on them before they are old enough to make their own decisions about their bodies? The Childcare and Protection Act does not define “harmful social, cultural and religious practices”.

Instead, it states a person may not subject a child to any practices “which are detrimental to his or her well-being”.

This is a very broad and vague description. The act identifies child marriage as a harmful practice, and includes measures to prevent it (which will be the subject of a forthcoming column).

Other specific harmful practices may be identified by the minister of gender equality, poverty eradication and social welfare after consultation with interested parties (including traditional leaders where relevant), and may then be prohibited by regulation.

The act also specifically states that harmful practices may include any form of sexual initiation which, in the minister’s opinion, may be detrimental to the well-being of children.

The Namibian Constitution does not give specific guidance on this point. It protects the right to practise any culture, tradition or religion – but only to the extent that this does not impinge on the rights of others.

It also preserves customary law, but only to the extent that it does not conflict with any of the provisions of the Constitution or statutory law.

The Convention on the Rights of the Child (CRC), which Namibia has joined, addresses harmful traditional practices primarily in the context of the child’s right to health. It obligates states to “take all effective and appropriate measures with a view to abolishing traditional practices prejudicial to the health of children”.

The committee that monitors this convention has emphasised links between sex discrimination and harmful traditional practices worldwide that affect girls disproportionately, such as female genital mutilation, virginity testing and early or forced marriage. It has also expressed concern about male circumcision that takes place in unsafe medical conditions.

Namibia is also a party to the Convention on the Elimination of all Forms of Discrimination Against Women (Cedaw), which requires states to take all appropriate measures to “modify the social and cultural patterns of conduct of men and women” to eliminate prejudices and practices which are based on sexual inequality or stereotyped roles for men and women.

In 2014, the committees that monitor the CRC and Cedaw issued a joint general recommendation on harmful practices affecting women and children, primarily girls. It called attention in particular to practices such as female genital mutilation, child marriage, polygamy and so-called “honour crimes”.

It also mentioned the preferential care and treatment of boys in some cultures, virginity testing, scarring, violent initiation rites, widowhood practices, accusations of witchcraft, and body modification to enhance the beauty or marriageability of girls and women – among other practices.

This recommendation calls on governments to make sure that harmful practices are promptly, impartially and independently investigated, and to provide remedies for people harmed by such practices.

Namibia is also bound by the African Charter on the Rights and Welfare of the Child, which obligates states to eliminate “harmful social and cultural practices affecting the welfare, dignity, normal growth and development of the child”. This treaty expresses particular concern about practices that are prejudicial to the health or life of children, and practices that discriminate on the basis of sex or other status.

So, what is to be done? We suggest an investigation of potentially harmful practices, carried out in consultation with all stakeholders, including the children and young people, who are most directly affected.

Such an investigation should avoid focusing on any one group, since any of Namibia’s religions or diverse cultures could involve practices with harmful effects.

Grassroots communities should be involved in identifying traditions that play a constructive role in the life of the community, while also pointing to practices that may foster values contrary to Namibia’s commitment to the dignity and equality of all people.

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