Protecting Children at Schools: The Basic Principles

Rules for the protection of pupils are contained in the Basic Education Act of 2020, regulations set out under that act and the recently issued Code of Conduct for the Teaching Service. This column summarises the key rules in the act and regulations that apply to teachers and other school personnel.

– Respecting rights 

Section 3 of the Basic Education Act sets out the key guiding principles that must form part of any policy or decision on basic education in both state and private schools.

The starting point is protecting the best interests of each child and promoting the well-being of all children.

Educational matters must respect children’s constitutional rights and Namibia’s international law obligations.

Other principles encourage pupil participation in all matters that affect them and require the school environment to be safe and conducive to teaching and learning.  

– Non-discrimination 

One important principle set out in the act is preventing any form of discrimination.

Specifically, the act prohibits any form of direct or indirect discrimination against a child on the grounds of “race, ethnic origin, colour, sex, religion, creed, social or economic status”.

There is one exception pertaining to sex: All-boys or all-girls private schools are allowed.  

– Non-violence 

The act prohibits any form of child abuse. A provision that applies to both state and private schools prohibits physical and mental violence against pupils.

This means that no person may subject a pupil to any act of physical or mental violence, exploitation or sexual abuse. 

Physical violence includes corporal punishment.

Mental violence includes harassment, confinement, isolation, verbal assault, humiliation, intimidation or any other action that may diminish a pupil’s sense of identity, dignity or self-worth. 

For example, this would include verbal bullying, as well as certain forms of disciplinary action.

Dangerous, violent, humiliating and destructive initiation practices are also prohibited. 

The commitment to non-violence is reiterated in the regulations which prohibit any form of violence or disturbance that could negatively affect any school activity.

The regulations state that no pupil or staff member may commit any form of violence, whether against a pupil or a staff member.

Violence here includes bullying, gangsterism, threats of violence, intimidation, assault and initiation practices. 

– Prohibited items 

In terms of the act, no one – including pupils and school staff – may bring prohibited items or illegal drugs onto school or hostel premises. Prohibited items include firearms and other weapons. 

The regulations give more details on measures to keep schools and hostels free of violence, illegal drugs and alcohol.

They repeat the rule against bringing prohibited items onto school or hostel premises and also prohibit assisting anyone to bring or hide prohibited items on school premises, as well as failing to report the presence of such items. 

The regulations also prohibit entering school or hostel premises while under the influence of illegal drugs or alcohol and using these substances on school premises or at any school activity.

These restrictions apply generally to pupils, teachers, staff and visitors.

– No party-political activities

The act forbids party political activities at both state and private schools.

This includes campaigning, conducting rallies, distributing pamphlets and fliers, putting up posters or banners, wearing political attire or displaying material of a party political nature (unless the material is related to the school curriculum).

– Freedom of religion

The act guarantees pupils at state schools and hostels the right to practise any religion not harmful to public order, and to manifest their religion without fear and free of intimidation from anybody at the school or hostel.

However, the religious practice in question must not be harmful to the physical or mental health and development of the pupil.

After consulting with parents, a school board may set rules on religious observances at a school or hostel. Pupils or staff members may attend religious observances as long as it does not interfere with the normal school programme. 

It should be noted that freedom of religion could be relevant to pupils’ physical appearance at school as various religions have rules about hair and head coverings.

This also suggests that state schools could not, for instance, allow the wearing of crosses while forbidding the display of analogous symbols based on other religions.  

– Safe environments 

The regulations provide more details about child safety at state schools and school hostels.

They require school principals or superintendents to monitor the hostel or school environment regularly with a view to identifying potential dangers and implementing safeguards for pupils and staff.

School and hostel environments are expected to be clean, safe and hygienic, as well as disability friendly and equipped with ramps. 

– Physical activities and sports

In terms of the regulations, pupils at state schools may take part in physical activity or sport – such as athletics, gymnastics, soccer, volleyball, rugby, boxing, or any other activity that requires physical strength – only if the principal, superintendent or supervising teacher is satisfied the activity will not be harmful to the pupil’s health.

Pupils must be supervised during all swimming activities and water sports, and during visits to swimming pools, rivers, dams or the sea – and they must be informed about the dangers of water activities and relevant safety measures.  

– Incidents that could endanger pupils 

The regulations give a brief outline of the key steps to be taken by a state school in case of various dangerous incidents: Bomb threats, discovery of prohibited items, accidents, suspected illegal drug use by a pupil, violent incidents (including gang-related activities) and sexual abuse. 

For example, in the case of sexual abuse against a pupil, the pupil must have access to appropriate medical assistance and treatment to prevent HIV-AIDS and other sexually transmitted diseases or pregnancy.

The school must inform the parent of the victim, report the matter to the police, and ensure that any evidence at the scene is preserved.

The school also has a duty to ensure the child is kept safe in the case of threats following the discovery of the abuse.

• Dianne Hubbard is a legal consultant with many years of experience in public interest law and a passion for trying to make legal issues clear and accessible.
• Next column: The Code of Conduct for the Teaching Service. Future instalments will summarise the behavioural rules that apply to pupils.