Protecting the next generation: Have Your Say on the Child Care and Protection Bill

APPROXIMATELY 60 per cent of people in Namibia are under the age of 25. Nearly 40 per cent of the population is under the age of 15.

The fact that children make up such a large proportion of the population is reason enough to support the need for robust legislation on the care and protection of children. But there are more reasons. Many more. Children cannot care for themselves in the same way that adults can. Children cannot make decisions for themselves in the same way that adults can. Children cannot protect themselves from harm in the same way that adults can. There is an urgent need for all countries, including Namibia, to ensure that they have legislation in place that provides the basis for the care and protection of children. There is data to support the need for strong legislation on the care and protection of children. In a recent report on the health of mothers and newborn children in Namibia, it was stated that approximately 180 women die each year from pregnancy-related complications. A further 5 400 mothers suffer from serious complications and lifelong illnesses. It is clear that for some Namibian children, the challenges begin at birth. And the challenges continue. Approximately one third of all Namibian children under the age of five are malnourished and stunted. But surviving infancy and early childhood is not the only challenge. Overall, 22 per cent of children are underweight and only 50 per cent of children aged between 5-17 have access to basic material needs; a pair of shoes, two sets of clothes and a blanket. The problems continue into adolescence. Alcohol abuse is common amongst the youth; 41 per cent of people believe that communities have become tolerant of underage drinking. Approximately 13 per cent of girls aged 15-19 have given birth. One third of all rape cases involve children under the age of 18. The list goes on and on. Namibia is addressing some of these challenges children and young people face. Over two thirds of children aged between 12 and 23 months receive all recommended childhood vaccinations. It is reported that 88 per cent of households have access to an improved water source and the educational prospects for children are hopeful, with a national literacy rate of approximately 90 per cent. In terms of legislation, laws such as the Combating of Rape Act and the Combating of Domestic Violence Act help to protect children from violence. But if we are to truly help the next generation, if we are to reach the Millennium Development Goals, Vision 2030 and Namibia’s full potential, more can and must be done. The main piece of legislation in Namibia governing the care and protection of children is the Children’s Act of 1960. It is an outdated law that does not serve the needs of children in Namibia today. To address this problem, the Ministry of Gender Equality and Child Welfare is in the process of preparing new legislation – the Child Care and Protection Bill. This law can help service providers and community members to care for and protect children. The revision process to prepare the bill for tabling is of utmost importance. The challenges and issues that children face have changed in the years since the Children’s Act was written, and even since Independence. In the nineties, no one could have predicted the scale or impact of the HIV-AIDS epidemic. No-one could have predicted the sharp rise in international child trafficking, the levels of sexual abuse which Namibian children endure or the numbers of child-headed households – to name but a few of the issues which endanger Namibian children today. The Child Care and Protection Bill aims to provide mechanisms that can be used to assist children who are at risk. The draft Bill makes provision for prevention and intervention services, which could include assistance during pregnancy, training in parenting skills or help to families with drug or alcohol problems. It also provides for measures to assist children who are being neglected or abused, including procedures to remove the children from the usual home environment if there is no other way to protect them. The Bill also outlines provisions for foster care, adoption and children’s homes, and is expected to include rules about when children acquire the capacity to make important decisions such as giving consent to medical treatment, acquiring contraceptives or being tested for HIV. Also addressed are issues related to child trafficking, child labour and crimes relating to child abuse and neglect. A safe childhood should not be a dream but a right. Strong laws and policies can help to achieve this right. The draft Child Care and Protection Bill is currently being revised on the basis of feedback from the public and from service providers who will implement the new law. The law must have the input of a wide range of Namibians in order to serve the needs of the nation. The consultation process consists of regional meetings, national meetings and the dissemination of information about the draft Bill through radio, television, print media and the Internet. This is a unique opportunity for the people of Namibia to say how they want their children, the next generation, to be cared for and protected. The Ministry of Gender Equality and Child Welfare is asking the public to participate – anyone, anywhere can comment. This is a call to readers to help protect the next generation – make your voice heard.* For more information on the draft Child Care and Protection Act, contact Monalisa Zatjirua (061 2833116) or Celeste Feris (061 2833179) at the Ministry of Gender Equality and Child Welfare, or Rachel Coomer at the Legal Assistance Centre (061 223356).* Rachel Coomer is the Public Outreach Manager for the Gender Research and Advocacy Project at the Legal Assistance Centre.