PUBLIC PARTICIPATION IN LAW REFORM Revision of Namibia’s Child Care and Protection Bill UPDATE 2010

1. PUBLIC PARTICIPATION IN LAW REFORM Revision of Namibia’s Child Care and Protection BillUPDATE 2010 Dianne Hubbard, Legal Assistance CentreNamibia

2. Partnership The Legal Assistance Centre is providing technical assistance to the Ministry of Gender Equality and Child Welfare for the revision of the Child Care and Protection Bill. UNICEF is supporting this process.

3. Why law reform was needed Revised Child Care & Protection Bill

4. Objectives of the consultation progress • to refine the Bill • to draw on the experience of other African countries with recent law reforms on similar issues • to raise the level of public awareness & understanding of children’s rights in Namibia; • to make sure that the new law would be appropriate and feasible to implement in practice

5. Materials development • Considerable time needed to research context, best practice, international examples • 21 different factsheets were produced • 5 languages

6. Demystifying the law

7. Media outreach • Print • Radio • Television • Email • Website • Workshops

8. Newspaper inserts • 40% of the Namibian population were targeted with information in the newspaper In English, Afrikaans, Oshiwambo

9. at least 38 radio slots were broadcast - and many more that we did not know about • a total of 25 articles, opinion pieces, letters or text messages on the bill appeared in the newspapers over a period of 7 months • The consultation process featured on television 9 times • eight articles appeared in magazines over a period of 10 months

10. Facebook group – 275 members,7 topics • information about the revision process was circulated in 5 electronic-newsletters - national and international

11. Context

12. Workshops with adult stakeholders • Omusati Ohangwena Oshana & Oshikoto: 26-28th May • REGIONAL MEETINGS • Kavango/Caprivi: 12-14th May Erongo Khomas Kunene Otjozondjupa & Omaheke: 7-9th July • Karas/Hardap: 28-30th April

13. National workshops • Court procedures & legal representation • Exploitation, trafficking and other harms • Age of majority & age of consent to various medical procedures • Adoption • Children in need ofcare/protection & foster care • Comparing SA law

14. Julia Sloth-Nielsen Jacqui Gallinetti Itumeleng Kimane Lea Mwambene Carina du Toit Patmavathi Moodley Denni Lapan Milly Pekeur Bep van Slotten Involvement of international expertise Yumna Mookray (SA) Amelia McCarthy (US) Beatri Kruger (SA) Hennie Potgieter (SA) William Duncan (Hague)

15. Specialist consultant hired Children’s Reference Group formed Attendance at a national conference for children Youth internship Children’s Consultations

16. training of youth facilitators from youth organisations in 3 regions • feature articles printed in youth magazines and The Namibian “YouthPaper” • local youth created radio shows • SMS and Facebook utilised as popular channels for youth input

17. Consultation with ALL Magistrates in Namibia • 2 High Court judges • Chief of Lower Courts • Senior personnel from the Legal Aid Board • Senior personnel from the Office of the Attorney-General • Magistrate Thulare & Professor Sloth-Nielsen invited to present

18. 39 workshops, conferences, consultations, focus group discussions or other meetings were held • 16 of these were for children or youth • regional consultations involved participants from all 13 regions • national consultations involved international guests from 3 continents

19. Children & youth represent 32% of the people consulted at workshops, meetings and consultations 32%

20. 46% of people who attended workshops or conferences attended meetings that had not originally been planned 46%

21. Technical meetings 3% Regional meetings 11% National meetings 8 % Consultations with children & youth 32% Regional meetings National meetings Other consultations Consultations with children & youth Other consultations 46% Technical meetings

22. Written input • Copies of the bill & summary sent out to key stakeholders We received approximately 1 response for every 10 bills distributed

23. Feedback • SMS • Facebook • Email • Fax • Post

24. SMS • the most popular method of feedback • free messages were possible, others at standard rates • but Namibia has a small population – consider capacity to manage & need to respond • linked to radio shows

25. Facebook • innovative • fashionable • cheap • promotes debate • has been replicated • The Namibian newspaper set up Facebook pageto discuss 2010 budget

26. Highlights of the revised bill

27. Provisions that stayed in the bill • Age of consent for medical testing 18 → 14 √ HIV testing & contraceptives added • Corporal punishment provisions “respect the child’s right to dignity”. √

28. New provisions • Kinship care • Children’s Status Act • Children’s responsibilities • Provisions on baby-dumping • Family meetings added to lay forum provisions

29. Provisions to strengthen the law on underage drinking • Inclusion of vulnerable witness provisions • Harmful cultural practices • Age of majority 21 → 18 • Namibia to sign the Hague Convention on Intercountry Adoption & 3 others • Child Abduction • Parental Responsibility and Measures for the Protection of Children • International Recovery of Child Support

30. Kinship Care • Extended family members not required to register as foster parents • Families can make their own arrangements • Child may be placed with extended family, friends or someone within the community network • Streamlined access to grants • Streamlined monitoring & evaluation • A child can also be placed in kinship care through a court order • In this situation, the standard transfer of parental rights and responsibilities would occur

31. MUST Be recorded in writing with 2 witnesses Define the delegation of parental rights & responsibilities MAY Be facilitated by designated social worker Include monitoring of child by a social worker Be registered at children’s court Disputes may be resolved by family meeting or referral to children’s court May be terminated at any time Kinship carer may apply for access rights Kinship care agreements

32. Harmful practices “Every child has the right not to be subjected to social, cultural and religious practices which are detrimental to his or her well-being.” • Violation is a criminal offence • Minister may name specificpractices by regulation

33. Adapted provisions • Children’s Ombudsman to be part of the Office of the Ombudsman (Children’s Advocate) • More clarity on children’s courts procedures • Clarification on the roles of state & private social workers • Adoption procedures • Framework for grants

34. Impact of court rulings

35. Rejections • National Child Protection Register • Mandatory reporting for general public

36. Final approval by Ministry of Gender Equality & Child Welfare & Ministry of Justice Presentation to Cabinet Committee on Legislation & full Cabinet Approval by technical drafters & Attorney-General Presentation to Parliament Drafting of the regulations Implementation Next steps

37. “A nation which fails to nurture, protect, educate and advance the rights and interests of its children today will be all the poorer for it when they are adults tomorrow.” -Chief Justice P Shivute

38. www.lac.org.na