While all Namibians are entitled to physical and social protection, women and children are particularly vulnerable and therefore are entitled to special attention to ensure the fulfilment of their rights.
Issues Identified
Two critical issues have emerged in the analysis: the increasing vulnerability of children due to
HIV/AIDS and the pervasiveness of violence against women and children.
Increasing Vulnerability of Children
Statement of Rights Unfulfilled
The 2001 census counted more than 97,000
orphans up to the age of 15.188 It is estimated
that by 2021 Namibia will have over 250,000
orphans, representing about 10% of Namibia’s
total population.189 Increasing numbers of
children are at risk of not getting adequate care,
suffering from negative psycho-social effects
and, ultimately, not having their rights to
education, health, life and a decent standard of
living fulfilled. This is particularly true of
orphans. Double orphans, who have lost both
parents, between the ages 10 to 14 are less likely
than non-orphans to be enrolled in school.190
Causality Analysis
The immediate causes of the increasing vulnerability of children are: parental mortality, parents
leaving their children in the care of others, poor childcare practices and inability of caregivers and
communities to take care of them due to poverty.
Parental Mortality
AIDS is the primary underlying factor of the deaths of parents in relation to the increasing
vulnerability of children. It is estimated that in 2004 about two-thirds of all orphans were orphaned by
AIDS. The proportion of children orphaned by AIDS is expected to rise to about 80% by 2021.191 The
regions with the highest HIV prevalence rates are those which are and will become increasingly more
burdened with the care of children affected and infected by HIV and AIDS. These are: Caprivi,
Oshana, Otjozonjupa, Khomas, Oshikoto, Omusati, Kavango, Erongo and Ohangwena. These are also
the most populous regions with the bulk of the population in the country.
Parents Not Living with Their Children
Studies have shown a rather unusual pattern of parental care in the country. Only 26% of children
under 15 years old are living with both parents.192 An equal proportion is not living with either parent
even though both are alive. Most single parents are mothers. Only 4% of children under age 15 were
living with their father alone and 29% were living with their mother alone even though the father was
alive.193 Underlying the absence of living parents is the prominence of migrant labour due to the
concentration of work in cities, mines and seaports; childbirth out-of-wedlock, and paternal
delinquency.
Childcare Practices
No national studies of childcare practices are available, but regional studies and child health statistics
indicate that this is a problem. A 2003 study of four predominately rural regions found many
caregivers misuse medicines; have misconceptions of the purpose and proper timing of vaccinations
and treatment; have incorrect beliefs regarding the powers of traditional healers; keep children out of
school and cut down on the number of meals per day during difficult times; discriminate against
"AIDS babies"; leave young children to care for younger siblings, give forms of alcohol to children
on a daily basis, sometimes in place of food; do not encourage children to wash their hands after
defecating or urinating; do not register their children at birth; and, do not cognitively stimulate
children appropriately, particularly those under three years of age. Male heads of households are
especially prone, for financial reasons, to delay bringing a sick child to a medical facility, to invest in
safe sanitation facilities or insist on using unsafe water sources, especially during the rainy season.194
Underlying poor childcare practices are the lack of access to accurate information, language barriers
between caregivers and information providers (notably health workers), alcohol abuse, domestic
violence, morbidity and mortality of caregivers and income and asset poverty.
The Weakening Capacities of Caregivers and Communities
The AIDS epidemic, by claiming the lives of workers, farmers and caregivers, is eroding food
security, institutional capacity and, ultimately, the capacities of extended families and communities to
care for the increasing population of OVC. Extended families and communities are caring for OVC
and child-headed households are relatively rare.195 However, the number of child-headed households
is on the rise. As of 2000, the majority of orphans were living with their grandparents,196 who need or
will soon require care themselves. Many of the extended families and non-relatives who are caring for
orphans are struggling to care for them properly.197
The Namibian component of a recently completed Rapid Assessment Analysis and Action Planning (RAAAP) exercise, found that among orphaned children interviewed, anxiety regarding continued school attendance looms large and the following reasons were cited: lack of ability to pay school fund contribution, lack of school uniform, having to stay home to care for a sick relative, not having any food to bring to school and feeling disgraced, bullied or made fun of. In extreme poverty, children will experience deprivation, poor growth and health and lower cognitive performance. The trauma of losing a parent, perhaps of serial loss of caregivers, and of emotional and material insecurity takes its toll on children. A number of children in the focus group discussions reported bouts of crying and feelings of estrangement with little opportunity for fun, recreation, a sympathetic adult listener or peer support.198
Root Causes
The root causes of the increasing vulnerability of children are the stigma associated with AIDS,
deepening poverty associated with the burden of HIV/AIDS on the extended families, cultural beliefs
and practices not in accordance with proper childcare, the lack of education, perceptions that men are
less responsible for children than women, high fertility rates, which particularly affect the
vulnerability of the children born to poor and unmarried mothers,199 and the practice of migrant
labour, which is associated with the legacy of apartheid.
Role Analysis
Parents and other caregivers have a duty to properly care for and protect children, and to write wills to
ensure that children receive their inheritance. Grandparents and members of the extended family have
a familial obligation to care for OVCs. Community leaders and MWACW are responsible for
mobilizing community support for OVC. MWACW is responsible for providing orphans or their
caregivers with monthly welfare grants as a social safety net. Many fathers do not believe that they have as much responsibility for their children as the mothers. Government extension workers in
particular school staff, health workers and social workers are responsible for ensuring that OVC
receive services and get emotional support.
The government, civil society and the international community are responsible for providing enough money to MWACW to support orphans and their caregivers and ensuring that all duty-bearers have the appropriate capacity. The capacity gaps for HIV/AIDS are expanded upon in the Health section but Government, schools and civil society must together combat the stigmas associated with HIV/AIDS. The Ministries of Rural Development, Trade and Industry (Small & Medium Enterprises) and Regional and Local Government all share the responsibility for building the capacity of extended families and communities in the care of orphans through livelihood and productivity development programmes. The private sector needs to provide comprehensive workforce programmes that include a community-based component focused on supporting and enhancing the social environment of the organisation, focusing especially on helping keep family units together.
Capacity Gap Analysis
Many parents, caregivers and community support groups lack the knowledge and resources to provide
proper childcare.200 Parents frequently do not understand the importance of wills. Most fathers are not
involved in the upbringing of their children and lack parenting skills. Grandparents and extended
family members do not always receive enough pension money to be able to support OVCs.
Community members do not have legal authority to represent orphans at schools, health centres and
other institutions. The complicated procedures governing the distribution of orphan grants and the
limited capacity of sub-national social welfare systems preclude many orphans and their caregivers
from receiving them.
At the national level, Namibia has a very positive policy environment for OVC and strong legislation in place or on its way. These include: An HIV and AIDS Policy for the Education Sector (2003), OVC Policy (2004), a Policy for Educationally Marginalised Children (2002), HIV/AIDS Charter of Rights, a Child Care and Protection Action and Children’s Status Act. In addition, the Third National Strategic Medium Term Plan for HIV/AIDS (MTP3) includes a strong component on mitigating the impact of HIV and AIDS on OVC and their families. Certain legislation is still needed with regard to inheritance in order to protect the property rights of orphans.
Despite this positive foundation, various economic and social factors mitigate the effectiveness of these policies and the implementation of the programme of action for OVC. MWACW does not have enough money to provide all needy orphans with grants and lacks the transportation and staff with the knowledge and skills necessary to implement, monitor and evaluate community-support programmes. Some government extension workers do not waive fees for OVC201 and do not have the inclinations or skills to provide psycho-social support. Institutions often do not have enough money to maintain the quality of their services while also serving OVC who cannot pay fees.202 Economic ministries do not recognise their role in OVC care as an integral part of addressing the impact of HIV/AIDS on communities and families. Given the pervasive effects of HIV/AIDS on the economic productivity of families, their capacity to care for the extra burden of OVC has to be recognised. OVC care and support therefore requires a broader view for community capacity development than the current welfare grant approach. The private sector needs to improve the home environments of their employees.
Pervasive Violence against Women and Children Statement of Rights Violated Although the data on violence against women and children is weak, it is clearly a significant problem in Namibia. A recent study of domestic violence in Windhoek reported that the 36% of ever-partnered women had experienced physical and/or sexual violence from a partner, 16% had only suffered sexual violence and 11% had suffered both. Although there was not much variance among age groups, women aged 45 to 49 years and girls 15 to 19 were most likely to have suffered violence at the hands of a partner. Of the 1,150 interviewees who have ever been pregnant, 6% had been beaten during pregnancy. Women who never attended school suffered the highest rate of physical violence, while women with no more than secondary education were most victimised sexually.203 In 2000, 44% of Namibian men agreed that wife-beating is justifiable for one or more reasons. In Caprivi, the proportion was 91%. Young men ages 15 to 24 were also most likely to agree.204 54% of men with no education agreed wife-beating is justifiable as compared to 23% of men with secondary education or higher.205
The only available crime records from the Namibian Police (NamPol) are those on sexual violence, which show increasing incidence of rape and attempted rape nationwide. From 2000 to 2003 the number of reported rape cases steadily rose by 28% from 698 to 894.206 As a large proportion of cases go unreported, the actual numbers of rape and attempted rape cases are likely to be much higher. Roughly 40% of reported victims of sexual violence are children.207 Women and children who are raped are at increased risk of HIV infection. Reports from education professionals suggest that violence is a widely accepted means of child discipline in Namibia. Although corporal punishment in schools is unconstitutional, it continues to be pervasive.
| HIV Prevention not as simple as ABC for women & girls | |
| Abstain | 44 % of married men agree that beating is justified if wife refuses sex or neglects children. One woman is reported raped every 8 hours. |
| Be faithful | 19 % of married men had one or more sexual partners other than spouse or cohabiting partner. |
| Condomize | 35 % of men say that condoms reduce a man’s pleasure. 24 % of men say that a woman has no right to tell a man to use a condom. |
| Source: MOHSS 2003a; NamPol Unpublished |
Causality Analysis
Among the immediate causes of violence against women and children are their low levels of
empowerment and alcohol abuse.
Women and children are disempowered by their relative lack of physical strength, economic and emotional reliance upon abusers. The study of domestic violence in Windhoek reported that 62% of domestic violence victims never sought help, 48% suffered such violence until they "could not endure more" and 36% until they were badly injured. When they did seek help the majority of victims did not contact formal services but rather sought help from informal sources of support.208 Underlying the disempowerment of women and children is the cultural acceptance of violence against them; traditional views of power relations among men, women and children; and the lack of education. These capacity gaps are further elaborated below.
Alcohol Abuse
Based on police records, it is estimated that up to 90% of violent crimes in Namibia are alcohol and
drug related. According to a 1998 study, 56% of all adult Namibians were current alcohol drinkers
and that most drinkers had problematic consumption patterns. The study found that more women
(53%) than men (39%) had been lifelong abstainers, while 43% of men and 32% of women had
consumed alcohol during the week preceding the interview. The study further showed that 92% of
those surveyed agreed that alcohol abusers look after their young children poorly; 20% had broken up
with a friend or spouse due to alcohol; and 35% of current drinkers had skipped a meal to drink in the
three months prior to the survey.209 Underlying alcohol abuse in Namibia are unemployment, the lack
of healthy preoccupations, hopelessness, cheap and pervasive accessibility of alcohol and limited
availability of programmes for prevention, treatment and rehabilitation.210
Root Causes
The root causes of violence against women and children in Namibia are cultural acceptances of such
violence, negative cultural attitudes toward the roles of women and children in relationships that view
them as second-class citizens, poverty, slow economic growth and job creation, the lack of education
and the inadequacy of policy frameworks and institutional capacities to deal with the violence and
alcohol abuse.
Role Analysis
While all people have a duty to respect the rights of others certain institutions have legal and social
responsibilities. MWACW is responsible for protecting the rights of women and children. NamPol has
a particular duty to protect those most vulnerable to crime and abuse. MOHSS is responsible for
health and social education and for counselling and treating alcohol abusers. Family, community and
national leaders have a duty to change the apparent acceptance of violence against women. They
should also prevent alcohol abuse, especially when it impacts women and children. The government,
civil society and the international community are obliged to promote economic growth and job
creation and to provide all duty-bearers with the resources and capacities that they need.
Issues Requiring Further Research
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Capacity Gap Analysis
Despite a tougher legislation, the Combating Rape Bill,
violence against women and children continues to be a very
real and present threat for many Namibian women and girls.
Significant proportions of male parents and teachers believe
that they have the right to violate the personal security of
others. Parents and teachers often do not know how to
discipline children by non-violent means. Children frequently
do not respond to non-violent punishment. Women and
children who are abused or raped are often too afraid or
ashamed to report the crime to authorities. Alcohol abuse has
come to be a social norm, often blamed on a variety of excuses
including the legacy of apartheid and disempowerment.
MWACW, MOHSS and NamPol are short of the human and
financial resources and human capacity needed to fulfil their
duties. NamPol only has 15 Woman and Child Protection
Units nationwide. Large proportions of Namibians are also
geographically dispersed and live far from protection and treatment.
Conclusion
With an increasing orphan population and indications of increasing violence against women and
children, Namibia’s challenges to fulfilling rights to protection are on the rise. The foremost
protection challenges are to support families, communities and institutions to manage the impacts of
AIDS and the associated deepening of poverty; to address negative cultural attitudes toward women,
children and the dominance of men; and to systematically tackle alcohol abuse.