Dorthea Iyaloo Nangolo

Harmful practices affecting children continue to infringe on their right to education and an array of other rights embodied in our legal framework. Children are among society's most vulnerable members, and it is the government's responsibility to protect them from harmful practices, and to protect their right to an education. Harmful practices such as child labour and child marriage violate the fundamental rights of children, and have serious negative impacts on their physical and mental wellbeing. Additionally, access to education is a fundamental right of every child, and the Namibian government has the undebatable duty and obligation to ensure that all children have equal access to quality education. 

The Namibian Constitution, along with various domestic laws and international treaties, provides the legal framework for protecting children's rights. Article 15 of the Namibian Constitution states that every child
has the right to education, and the government has the duty to provide free primary education. This provision is further elaborated in the Education Act of 2001, which requires the government to provide access to education for all children, regardless of their gender, ethnicity or economic status.  However, during our Access to Education Campaign, we have seen that this is not the case. In some areas, learners have to walk over 30 kilometres to access education, while in some schools, access to ICT infrastructure and sufficient teaching and learning materials
seems far-fetched. At the centre of
 it all, the Namibian child is denied
equal access to quality education
due to some of these factors. The question, therefore, is: How can the legal system regulate and ensure that the right to education is enjoyed equally across all corners of Namibia? 

In addition to protecting the right to education, Namibian laws also prohibit harmful practices against children. The Child Care and Protection Act of 2015 prohibits child labour and child trafficking. The Children's Act of 1960 also prohibits the employment of children in hazardous or harmful work. 

Moreover, the Prevention and Combating of Torture of Persons Act of 2013 prohibits any form of torture or cruel, inhuman or degrading treatment of children. However, despite these legal protections, harmful practices and violations of children's rights continue to occur in Namibia. Child marriage, for instance, is still prevalent in some rural areas, with girls being married off at a young age and forced to
drop out of school. The bone of contention here is that there is a thin line
 between respecting customary practices, and actively allowing “legally- accepted harmful practices’’ to prevail. 

In my view, child marriage must be illegal; it must not be subject to the minor and their parents’ consent. If a minor does not have full capacity to act, why allow them to consent to a marriage? The legal system must protect the Namibian child, even at the cost of eliminating some customary practices. 

To address these issues, the Namibian legal system needs to take a more proactive approach. 

One way to do this is by enforcing existing laws, and punishing those who violate children's rights. The government should also increase its efforts to raise awareness about children's rights, and the harmful effects of certain practices. 

This can be achieved through public education campaigns, community out
reach programmes, and training
for law-enforcement officials and social workers to spearhead the protection of the Namibian child. Additionally, the government
should work closely with civil
society organisations, such as child rights groups and NGOs, to develop and implement effective policies
and programmes. 

In conclusion, protecting children against harmful practices and ensuring their right to education is crucial for their wellbeing, and the future of Namibia. While the legal system provides a framework for protecting these rights, more needs to be done to enforce existing laws, and raise awareness about children's rights. By working together, the government and civil society organisations can create a safer and more secure environment for Namibia's children. 

For one, the Namibia National Students Organisation (Nanso) is always ready to support any entity taking on the uphill battle against harmful practices affecting children in Namibia and Africa by extension. Nanso continues to champion the elimination of all harmful practices affecting children as a custodian of their voices. Therefore, there must be equal willingness from all branches of the State and other stakeholders. 

* Dorthea Iyaloo Nangolo is the spokesperson of the Namibia National Students Organisation.