Legal Assistance Centre-Namibia

CHILDREN'S LEGISLATION
GENDER RESEARCH & ADVOCACY PROJECT

CHILDREN’S STATUS ACT

The Children’s Status Act 6 of 2006 was passed by Parliament in 2006 but was not yet in force as of January 2008 because it was still awaiting regulations.

Prior to the new law mothers had sole custody and guardianship of children born outside marriage and fathers had no clear rights – not even a right to access. This position was clearly unfair to both parents and children.

In terms of the new law (once it comes into force), one parent must be the primary custodian. If the parents cannot agree on who will do this, then the court must decide. The guiding principle is the best interests of the child.

The custodian is also the guardian. The guardian must consult the other parent on certain major decisions –giving the child up for adoption or taking the child out of Namibia for longer than one year.

Children born outside of marriage have a right to maintain contact with both parents. The parent without custody has an automatic right of reasonable access to the child unless a court decides that such access would be contrary to the child's best interests. There are a range of safeguards to ensure that this right is not abused.

GR&AP has been involved with research and advocacy pertaining to this law for many years now. Here are some of its most recent actions:

2003-2006: Lobbying on this Bill was one of GR&AP's key activities. GR&AP kept in regular contact with a wide range of NGOs to get support for group submissions to the parliamentary committees dealing with the Bill in both the National Assembly and the National Council. Several demonstrations were organised at Parliament to highlight NGO concerns.

2007: GR&AP hosted a 1.5 day workshop on the Children’s Status Act for participants included representatives of the Ministry of Gender Equality and Child Welfare, Ministry of Health and Social Services, Law Reform and Development Commission and the Master’s Office plus a range of NGOs.
This workshop was very successful. The Act was explained in detail, and participants suggested strategies for making its implementation successful, such as matters which need to be carefully covered in the regulations.
Recommendations from the workshop were compiled and sent to the Ministry of Gender Equality and Child Welfare, the Master of the High Court and the technical legal drafters at the Ministry of Justice.

GR&AP prepared a memorandum for the Ministry of Gender Equality and Child Welfare on the forthcoming regulations, based on the input received at the workshop.

2008: GR&AP is in the process of drafting educational material on the new law. This will be finaliaed as soon as the regulations are completed.

CHILD CARE AND PROTECTION BILL
GR&AP is monitoring the progress of the Child Care and Protection Bill which is currently with the government’s technical legal drafters. We understand that the draft will be finalised in early 2008, and we have written to the Ministry of Gender Equality and Child Welfare to advocate another round of public consultations before the Bill is sent to Cabinet. We have offered to assist the Ministry with simplified materials and workshop facilitation for this purpose. This suggestion has been well-received by the Ministry, and will be followed up in 2008.

This Bill has been under discussion since 1994. GR&AP will make it a focus of increased lobbying in 2007 now that the Children’s Status Act is in place.

The Child Care and Protection Bill is expected to replace the outdated Children's Act of 1960 which Namibia inherited at independence. The new law will deal with child abuse and neglect, adoption, children's courts, children's homes, places of safety and vulnerable groups such as street children and child prostitutes. On the issue of child abuse, the Bill will give increased emphasis to preventative measures which could avert problems at an early stage. The bill should give concrete content to the notion of the best interests of the child.

In 1994, the Ministry of Health & Social Services commissioned GR&AP and the Human Rights and Documentation Centre to prepare draft children's legislation, including a Child Care and Protection Bill. As with the Children’s Status Bill, the original draft was revised over a period of several years by a Task Force of persons with expertise in children's issues, including representatives from the GR&AP. Thus, GR&AP has been involved with research and advocacy around this draft law for over 12 years now.