Legal Assistance Centre-Namibia

LAC calls for reform of school pregnancy policy

February 10, 2009
Nangula Shejavali
The Namibian

THE School Policy on Learner Pregnancy in Namibia discriminates against female pupils and in need of urgent reform, the Legal Assistance Centre (LAC) has advised the Ministry of Education.

In a document outlining background research intended to inform the drafting of a new policy on the prevention and management of pupil pregnancy, the LAC says there is a clear “need for a further revision of Namibia’s policy on teenage pregnancy, to place greater emphasis on positive steps to prevent learner pregnancy, and to ensure that young parents are encouraged to complete their education for the benefit of themselves, their infants and the developing Namibian nation”.

Currently, Namibia’s policy states that a girl who becomes pregnant “may continue with her education at school, until the time of her confinement (defined by a 2001 Cabinet resolution on teenage pregnancy as being “until her pregnancy is visibly clear”)”, but after giving birth, will only be allowed re-admittance to school a year after leaving”.

BOYS, GIRLS AND PARENTS
The major point of contention is the 12-month suspension from school, which the policy says is not intended as a form of punishment, but that “they recognise that by becoming pregnant, the girl has taken on other responsibilities which must be given due attention”.

But the LAC disagrees, saying that the current “punitive” policy on pupil pregnancy often discriminates against girls, while the same steps are not taken against boys.
In fact, the LAC cites an incident from 2005 that went to the High Court. Seuaa Karuaihe, the mother of a Grade 11 pupil who fell pregnant, took the Ministry of Education to court for suspending her daughter for a year.

Karuaihe argued that she would take responsibility for caring for her grandchild, thereby discounting the need for the one-year suspension period and allowing her daughter to return to school immediately after the birth of her child. The court ruled in Karuaihe’s favour, saying that schools cannot shut out teenage mothers who have a support system to look after their babies while they are in the classroom.

However, it was left to the discretion of the school (Windhoek High School) to re-admit the student. WHS opted not to re-admit her.

In the past, the Ministry of Education has cited Article 15 of the Constitution to justify the requirement for new mothers (and fathers) to remain out of school for a year, but the LAC says reliance on this right to justify its current policy is misplaced.
The Article states: “Children have the right...subject to legislation enacted in the best interests of children, as far as possible the right to know and be cared for by their parents.”

But the LAC argues that because this constitutional protection applies to all children throughout their childhoods, “if this constitutional provision did support a policy forbidding new parents to continue their schooling for the first year of their child’s life, then working mothers and fathers would also have to be given a full year’s maternity and paternity leave from work.”

CONTRADICTIONS
The LAC cites various international agreements – including the Convention on the Elimination of all forms of Discrimination Against Women, the Convention on the Rights of the Child, the Charter on the Rights and Welfare of the African Child, the Protocol to the African Charter on the Rights of Women in Africa, and the Education for All international commitment – to which Namibia is a signatory, but which are contradicted by the nature of the of the current policy with regards to reducing the female student drop-out rates, developing policies that allow adolescent mothers to stay in school, encouraging regular attendance in school, promoting the enrolment and retention of girls in schools and other training institutions, and eliminating gender disparities in primary and secondary education.

Highlighting the need to make the policy consistent with the right to education and to further enhance gender equality, the LAC makes a number of proposals to the Ministry, saying that while teenage pregnancy should be discouraged, the current policy is inappropriate as it discourages young mothers from continuing their education, which is likely to also disadvantage the baby in the long run.

The LAC says the one year out of school requirement is unnecessarily long and should be reduced to a maximum of three months for both mother and learner fathers, as is the case with working mothers.

It suggests that the time lapse between birth and re-admission to school be flexible, and that “the goal should be to allow re-admission of a young mother to school as soon as possible without compromising the health and well-being of the child, while allowing young mothers the option of taking leave from school for up to one year if they wish.”

This flexibility, the reform document suggests, allows teenage girls to be supported and assisted in improving their life chances by completing their education, and by emphasising support rather than punishment helps to avert the options of backstreet abortions, baby dumping, or attempting to hide the pregnancy that some may resort to.

PREVENTION
Finally, the LAC says that because of the length of the waiting period, “financial hardship or parental pressure may induce the new mother to seek work during her one-year absence from school,” with the likelihood that the young parent that finds employment will not return to school at the end of the year.

“This eventually defeats the current policy’s stated purpose of encouraging the young mother to spend more time with her new baby, and illustrates that parent-child bonding is not an issue that can be forced by law or policy.”

The Centre further argues that both boys and girls should be targeted in prevention initiatives, and that these initiatives be strengthened by ensuring that they address the issues of the influence of the school environment, pregnancy as a result of unwanted sex, alcohol abuse, relationships with teachers, and school programmes on sexuality.

It goes on to say that the issue of school attendance being tied to visibility of pregnancy “is vague and stands to be abused or misinterpreted”, raising the question of why it is used as a benchmark at all, as the policy makes no suggestion about the reason for suspension being kept secret. In this regard, the
LAC suggests that pupils be “allowed to continue with their classes until it becomes medically advisable (as opposed to visibly clear) for them to stop going to school”.

It further argues that the Policy on Learner Pregnancy should supplement the Code of Conduct for the Teaching Service by stipulating specific and severe consequences for teachers who impregnate learners.

Regarding pregnancies caused by rape or incest, the LAC suggests that counselling and support be made available, that the girl be informed about the option of laying a charge with the Police, that clear information be provided with regards to the Abortion and Sterilisation Act which authorises abortions in the case of rape and incest, and that information on adoption procedures also be made available.

The LAC also advises that the policy on teenage pregnancy be communicated effectively by school authorities, whose role in providing counselling and support should be clearly spelled out, and adds that parents should be encouraged to both participate in preventative strategies against early sex and teenage pregnancy, and helped to understand the broader implications of not encouraging their children to complete their education.

In line with the above recommendations, the LAC suggests that the policy include a monitoring mechanism to ensure its implementation countrywide, and suggests that the policy ultimately be incorporated into Namibia’s Education Act “to give it the legal weight it deserves”.

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