Reforming Justice Systems and Legislation
Improve legislation and systems to protect the rights of children.
The legislative framework is the basis for providing a protecting and upholding the rights of children. The country is still operating under the outdated Children’s Act 33 of 1960, which was inherited from South Africa during apartheid era. Law reform is essential if children in Namibia are to receive the care and protection they so desperately need. Namibia is a country that is deeply affected by the HIV/Aids pandemic, significant disparities and inequalities and high levels of violence, exploitation and abuse against children.
In 2009 the Ministry of Gender Equality and Child welfare embarked on an extensive process to guide the revision of the Care and Protection Bill which is still awaiting enactment. The Bill addresses a number of key areas including children’s courts, early intervention services, provision of child welfare grants, procedures for removing endangered children from the home, foster care, adoption, child trafficking and provision child headed households.
The Draft Child Justice Bill sets out the procedures for dealing with children in conflict with the law as stipulated in the Convention on the Rights of the Child, Beijing rules and the Riyadh guidelines and makes provision for restorative justice processes. This Bill has been in draft since 2004. These Bills together with provisions for accessions to Hague Conventions need to be finalized and implemented.
Data sources: ; Namibia Demographic and Health Survey 2006/7; MOHSS Estimates and Projections, NSA 2012Child Poverty in Namibia
By the end of 2018, appropriate child protection legislation, policies, strategic plans and budgets set up and implemented.
Indicator: National strategy to strengthen child protection system adopted, monitored and budgeted for.
Indicator: Implementation of provisions of Child Care and Protection Bill.
Indicator: Child protection systems in disadvantaged areas are staffed with a suitable skilled social welfare and justice workforce.
Indicator: % of children in contact with the law subject to procedures and/or accessing services which are applied and delivered in line with international norms