Kae Matundu-Tjiparuro
WEEKS after the tragic death in a police holding cell of Fortuna Tenete (4), the Ministry of Gender Equality and Child Welfare responsible for the welfare of children seems strangely and ominously quiet on this tragedy.
Since news broke about the tragic death of little Fortuna, the ministry, for some reason, has as yet to make its voice heard on the matter, let alone give its own take whether children belong in police holding cells at all, notwithstanding the wrongdoing of their parents. This ministry is the supreme guardian and custodian of all children in this country and thus the chief protector of their rights and the leading agency in the promotion of their welfare, and that is why it is expected to pronounce itself publicly on this tragedy considering that many more unfortunate children may find themselves in similar circumstances somehere in this country. But most importantly perhaps, is how it deals with such cases and how it directs and advises institutions and individuals when such sutuations arise. In fact, I would have thought that even more than the Ombudsman, it is the Ministry of Gender Equality and Child Welfare that should have been at the forefront, to compel the police to account for the presence of little Fortuna in a police holding cell with his mother since last November until his tragic and untimely death recently. If this may have transpired in private through the necessary channels, I beg the ministry’s pardon. But society at large has been begging for a plausible, reasonable, believable explanation how an infant could end up in such a situation and for such an extended period until tragedy struck. That the mother did not have relatives to take care of the child is irrelevant, because this is exactly where the ministry through its Child Welfare Directorate should have intervened to ensure the safety and welfare of the toddler. I am aware and have often heard of the existence of the Women and Child Protection Units of Nampol. These units have been doing some sterling work in terms of providing safe havens for women and children who are abused only for this achievement to be eclipsed by the negligence of their colleagues at the Wanafeda Police Station. Abuse is not perpetrated by men against women and children only, as borne out by little Fortuna’s tragic fate. This past Sunday we observed the 24th anniversary of the birth of the Namibian Constitution, a document that is internationally acclaimed, and indeed that we ourselves proudly hail as the best among the best if not thé best.
On the occasion of such observance the question that has been uppermost in the minds of many is whether there is any cause for celebration, 24 years after the adoption of this sacred document? Generally, the answer has been in the affirmative, at least for the fact that our founding mothers and fathers hammered out, in record time, this wonderful document. But can we in the face of so many tragedies that have befallen our society, truly hold this document in such high esteem? Is it truly a living document? Can the mother of Fortuna and every Namibian see the constitution as a living document in the face of some of these tragedies? Our good constitution notwithstanding, our society is rife with tragedies resulting from gender-based violence and abuse. Not even police custody offers a safe haven or security for those in need of it. Article 14 of the Namibian Constitution, Subsection 3 provides that the family is the “natural and fundamental group unit of society and is entitled to protection by society and the State.” Can society and the State in the case of the late Tenete be said to have lived up to this provision? And can the constitution in this instance be said to be a living document? If not what is there to celebrate or observe then? Shouldn’t such observation and celebration be absolute? Absolute in the sense that all should enjoy equal rights, and the full protection of their rights and freedoms under this constitution.
Moreover, Article 15 of the constitution on Children’s Rights, Sub-section (1) provides that “Children shall have the right from birth to a name, the right to acquire nationality and, 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.” If one should dare an interpretation of this provision, this means that children do not belong in custody at all, and if their parents find themselves in custody, the necessary arrangements should be made for their continued proper care, outside such custody. As the article well points out there must be legislation that ensures the provision of requisite care of children by their parents, this should include legislation pertaining to the care of children by their parents if and when they find themselves in penal custody. Does such legislation exist in Namibia? If not, then obviously again it is the duty of the ministry to ensure that a bill to that effect comes before parliament. If already in place it as much the obligation and function of the ministry to ensure that it is enacted, observed and effected. In September we observe the Day of the Namibian Child. In the aftermath of the tragedy of Fortuna, we can no longer do this with complacency, but with serious reflection that the welfare of our children is indeed paramount.