Children's law now in force
Children's law now in force

Children's law now in force

Jemima Beukes
After pushing ahead for almost 30 years with an old colonial act Namibia has finally promulgated the Child Care and Protection Act 3 of 2015, which provides for the establishment of a National Advisory Council on Children.

It also provides for the appointment of a children's advocate, a position held by Advocate Ingrid Husselmann who was appointed early this year.

Deputy minister of gender equality and child welfare Lucia Witbooi confirmed yesterday that the regulations of the new Act were gazetted at the end of January.

The new Act provides for the appointment and designation of social workers, social auxiliary workers, community child-care workers, as well as probation officers, private social workers and child-protection organisations for certain purposes.

It also includes provisions on children's courts, court procedures and court orders; and residential child-care facilities, places of care and shelters.

Witbooi described the promulgation of the Act as a milestone.

She emphasised that the delay was not ill-intended but part of a process to ensure proper implementation. “Of course children's issues are not as easy as we think, so therefore we have to do a proper job to make sure all areas are covered. It will improve the lives of children in terms of protecting our children from evils,” she said. The ombudsman, Advocate John Walters, said while he is happy the Act is finally in operation, the reality remains that laws cannot change attitudes and behaviour.

“If we do not have committed officials who are really dedicated to ensuring our children are safe and who raise awareness of this Act then this will remain a paper dream,” he said. In the past social workers had complained that their hands were tied by the outdated Children's Act of 1960. As a result social workers could only counsel children and then send them back to harmful environments.

Christine Aochamus, the national child safeguarding manager of SOS Villages Namibia, told Namibian Sun that there are still many challenges such as cultural practices that are hazardous to the Namibian child. “We still have challenges pertaining to child protection. Some of these are structural and some are legal. We also have cultural beliefs that put children at risk,” she said.

Jan Volde, the child safeguarding advisor of SOS Villages International, also believes that issues like corporal punishment remain a serious problem.

“Based on what I have heard this region, the east and southern African region, is definitely a challenging region when it comes to protecting children.

“There are different issues which are common to many countries in this region. Very often we can still see there are certain cultural practices which are still widely accepted by certain communities,” he said.

JEMIMA BEUKES

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Namibian Sun 2024-04-19

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