Child Care Bill must be implemented once passed

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WINDHOEK– The Children’s Parliament has welcomed the tabling of the Child Care and Protection Bill and called for its swift implementation.

The much-awaited Child Care and Protection Bill, which provides a legislative framework to give effect to some of the rights of children that are yet to be fully realised, such as provision of a children’s fund, the right to foster care as well as a National Advisory Council for Children, was tabled in parliament last week.

The 2011 census indicated that there are 956 634 children in the country, of whom 36 percent are under the age of 15.

Children activists have over the years claimed that many a time the rights of children in Namibia are violated due to the absence of a law which fully protects them.

“It has been over two decades since the first draft of the Bill was prepared and to have it close to being passed as an official law in Namibia brings a lot of joy and happiness to us as members of the Children’s Parliament and to the children of the nation as a whole,” Deputy Speaker of the 4th Session of the Children’s Parliament, Shaandre Finnies, told New Era.

 The Children’s Parliament called on the Ministry of Gender Equality and Child Welfare to distribute fact sheets about the Bill to schools in all corners of the country for the children of Namibia to be able to study the legislation that is being discussed in parliament.

“But moreover that the Ministry of Education incorporates the contents of the Bill in subjects such as Development Studies in the future, in order for learners to be taught the comprehensive contents of the Bill,” he said.

“The Children’s Parliament however would like to take this opportunity to emphasize the importance of the implementation of the Bill when it comes into law, in order to make it as effective as possible to cater for the needs of Namibian children,” Finnies said.

“We therefore urge the Ministry of Finance to allocate sufficient resources to the relevant ministries to ensure that the Bill is implemented once passed,” he said.

If adopted, the Bill will replace the outdated Children’s Act, 33 of 1960 and integrate with the Children’s Status Act 6 of 2006.

Minister of Gender Equality and Child Welfare Rosalia Nghidinwa said the Bill would bring national legislation in line with Namibia’s international commitments.

Amongst others, the Bill makes provision for the Office of the Ombudsman to appoint a Children’s Advocate who will investigate and act on complaints about any violation of children’s rights.

Nghidinwa said the proposed National Advisory Council on Children would be a cross-sector body that will monitor the implementation of the law and advise on child rights issues.

The Bill further proposes the establishment of a Children’s Court and Children’s Commissioners.

With about 150 589 orphans in the country, the Bill also proposes residential child care facilities where vulnerable children can be placed.

“The regulations will include minimum standards of care by which these facilities must register in order to be operational. Inspection of facilities will be done on a regular basis,” said Nghidinwa.

The kinship care concept will be introduced to the Namibian legal system should the Bill be okayed. Kinship care is where families make their own arrangements for children to live with someone other than the parent, such as extended families.

In the event where the parents of a child are dead and that child was brought up by relatives, the relatives can register for kinship care at a magistrate’s court.

The Bill also seeks to provide for proof of parentage and parental responsibilities and rights in respect of children born outside marriage and children of divorced parents.