Ode to LAC, Namibia February 11, 2012

By William Magenya

I have not updated this blog for a while now. But before you judge me and pass sentence I ask that you indulge me and consider my defense.

When I last posted something I was working for the LAC. I am no longer with the LAC. Sometime in August 2011 I left the familiar and nurturing confines of the LAC and warm sunny Namibia to pursue further studies in the US. I am currently pursuing masters in international human rights. It took a while to get settled and get into the swing of academia and all its rigors.  That is it, that’s my defense.

So what happens next? Will I continue to write and post material?

Photo by Mark Nonkes

Before I can answer this question and any other that you may harbor, I feel that I have to express my thanks to the LAC, albeit briefly. The LAC is perhaps the one of the most unique organizations I have had the pleasure to work for. When I joined the LAC, I was but a pup in the human rights field. I cannot stress strongly enough how law school does not prepare one fully for what lies outside its doors, no matter how hard try. This is more so the case in human rights work. I was very fortunate to find myself at the LAC shortly after graduation. The staff at the LAC is most considerate, compassionate and has a vigor and passion for the work that is second to none. All that I am, my legal view, philosophy and approach to human rights is informed by my experiences at this great organization. Through the LAC and because of it, I was able to experience an array challenges, methods, tools and techniques. I was able to peek into the complex mix and interplay between gender, abject poverty, power and power play, human infallibility (ego, greed, fear and insecurity) and virtue ( determination, compassion and hope) and politics –  and see how they all interact to produce violations of rights and or redress. My experiences at the LAC are priceless. I owe a debt of gratitude to the LAC and its superb staff. Thank you and salute. They continue to literally fight for human rights day and night. So, should you find yourself in up on that hill at No. 4 Kroner Street, irrespective of what took you there, please say thank you to the good folks of the LAC.

My next post shall complete the education conundrum piece.

Postings on this blog hence forth will be strictly  based on my reflections and experiences as an individual and not in any way, form and or manner reflect any policy, work the LAC and or the LAC Trust is currently doing or will do unless such information is already publicly available.

THE EDUCATION CONUNDRUM IN NAMIBIA: PART 1 March 21, 2011

This is a school that is participating in Elimination of Worst Forms of Child Labour in Namibia

By William Magenya

Education is a contentious issue the world over. No one disputes the fact that education is the best vehicle to get people out of poverty. How to educate a citizenry effectively and efficiently in an exceedingly dynamic 21st century remains a challenge to most governments. I was recently intrigued by Professor Krugman’s opinion piece in the New Times on the education situation in the United States (http://www.nytimes.com/2011/03/07/opinion/07krugman.html?scp=5&sq=Paul%20Krugman%20article%20on%20education%20in%20the%20US&st=Search ) If country like the US struggles to get education right I shudder to think of what the education situation in a country such as Haiti, or even closer home, Somalia or DRC, is like.

Namibia too has its fair set of challenges when it comes to education. I will look at this subject in two parts. The issue of education in Namibia is not very straight forward. Politically, education is said to be free. However, practically and realistically, it has never has been. The truth is education in Namibia, both post and pre–independence, has always been subsidized but never free. An education expert who worked all over Africa for over 30 years in 2009 told me in an interview in 2009 that “… education can never be free, but if you think it’s expensive, try ignorance! The real question is who foots the bill? That’s the question we ought to be asking.” I couldn’t agree with him more.

All children, irrespective of their social-economic status, race, creed or religion are vulnerable in one way or another. When a child loses his or her parents this vulnerability is increased tenfold. One of the most important aspects of a child’s life that immediately comes under threat is education. Without any education a person’s capacity to contribute to society as an adult is greatly diminished. Orphans and vulnerable children are therefore at a higher risk of being left behind.

In many cases we do not want to disrupt the normal running of the school. We therefore have to make due with what ever space space the school as to offer, in this case under a tree. On this particular occasion we wetr lucky enough to have a temporary/volunteer teacher assist us with the children. In very remote schools the students tend to be more comfortable with their venercular languages. Any help in this reagrd is more than welcome.

All children going to State schools in Namibia pay a fee established by the Education Act 16 of 2001 the School Development Fund (SDF). This fund is actually designed to allow children to have a wholesome education. It meant to cover costs such as trips to museums, buying sports uniforms and equipment. However in a tour conducted in 2009, we discovered that over time this amount has became an actually fee that is used for the day to day running of the school. As a result, many children in Namibia do not go to school not because they do not want to but because they cannot afford to.

This situation is slowly changing. In the next entry I will explain why education is considered free by politicians and what Government and civil society such as LAC are doing to ensure that children do not get left behind.

Awakening: A Luta Continua! February 16, 2011

By William Magenya

 

I feel embarrassed, ashamed, probably even worse. If I belonged to some far eastern culture, I’d be expected to off myself. Gladly though, I don’t. At this point you must be wondering “What insidious, dubious and outright loathsome crime has this guy committed?” The answer is simple, neglect. I have neglected this blog and thus my few but fearlessly loyal followers for far too long and I am sorry. I hereby tender my heartfelt apology and hope that it is received in the same spirit that it’s given.

Like most of the world I was quickly and ferociously shaken out of my blogging coma by the events that took place in Tunisia and Egypt. They caught all of us by surprise. Sure the sub-region was a powder keg about to explode but no one knew where, who or what would light the fuse. The fact that bloggers were a key element in the African revolutions enlivened me even more not to mention that role played the youth and children in Mubarak’s ouster. When I was taking my hiatus I wasn’t lounging my days away, I was busy trying to successfully launch and establish a new elimination of child labour project in Namibia. Then in the New Year and out of the blue, the revolutions happened. They made me realize that I may have been ignoring the most potent tool in my arsenal, this blog.

The role technology played in these revolutions is the stuff of dreams for tech advocates who have long championed the use of new technologies for social activism and change. I have profound respect for all the bloggers who took Mubarak down by using words, pictures and the internet. Before the revolutions many bloggers were persecuted, arrested and tortured. Every attempt was made to silence them. But they forged on. I am now forced to wonder how I would react if I faced such pressure. Would I capitulate or would I stand and fight and keep fighting despite what was going on? I honestly do not know what I’d do.

So as I rouse out of my hibernation, let us all remember the valiant Egyptians who gave up their lives fighting for what they believed in. And like them, let us too embrace new and emerging technologies through which we can make our voices heard.

So stay tuned. Next entry will look at the issue of education or the lack of it facing children in Namibia.

!NAM CHILD WIKI August 5, 2010

Photo by William Magenya

By William Magenya

Hi everyone. I’d like you check out !Nam Wiki at http://www.namchild.gov.na/index.php when you have a moment to spare. It is a very good resource for any one who is interested in issues and instruments on Namibian Children. All of the uploaded data comes from people who work with and for children in Namibia. Therefore it can be very useful to researchers and academics. It is administered by Jay Haase who is a Technical Consultant working for the Ministry of Gender Equality and Child Welfare/PACT Namibia.

Photo by Mark Nonkes

!Nam Child Wiki has a diverse range of documents from statistics on OVC in Namibia to laws affecting children. Should you not find what you’re looking for you can send an inquiry to the website administrator. Enjoy this resource and spread the word.

My next posting will be on access to education in Namibia for poor and vulnerable children.

What is your name? Part 3 July 26, 2010

Photo by William Magenya

By William Magenya

The dire circumstances surrounding birth certificates in Namibia has not gone unnoticed. UNICEF in collaboration with the Namibian Government launched a pilot programme on October, 2009 to enforce the right to a name. The aim of the programme was to ensure that all children born in hospitals and clinics get birth certificates. It has been to some extent successful. Children who would otherwise go unregistered now have birth certificates. For more information on this programme please click on the following link
http://www.unicef.org/infobycountry/namibia_51570.html .

The UNICEF programme has faced some challenges. Culture is perhaps the biggest one. In some ethnic groups it is the man’s duty to name a child. This means that though a birth is medically recorded the child can’t get a birth certificate until the father gives a name. This sometimes translates into a two to three years wait for a birth certificate. This lapse in time increases the risk of a child not getting a birth certificate. Matters are complicated further if the mother moves to another town, especially one in northern Namibia.

Getting a birth certificate is not a nationwide problem. On the contrary, getting one in the south, central, east and west of the country is not very difficult. Northern regions, especially those that border Angola, Zambia and Botswana, are the ones with highest numbers of children without the document. One community monitor told us that, “If you go there (to a Ministry of Home Affairs and Immigration office) they simply tell you to prove that you are not an Zambian. When you tell them that the mother has a Namibian I.D (identity card) and a medical record from a Namibian clinic, they’ll tell you that you must also get the fathers I.D as well. If the father is an Angolan or a foreigner they sometimes refuse to give you a birth certificate. It is worse if the mother has nothing and we have many of those cases here in Caprivi.”

UNICEF has not been alone in acting. The Legal Assistance Centre (LAC) started its OVC Programme in 2008. By 2009 the programme was running in five of Namibia’s 13 regions. It was aimed at achieving the following four key objectives:

(a) Getting children birth certificates and identity cards
(b) Getting OVC social and welfare grants
(c) Getting school, hostel and exam fees exemptions
(d) Informing children about their rights and where possible preventing, reporting and documenting child rights abuses.

In 2009 the LAC was able to assist 1,314 children by achieving one or more of the above objectives. The programme shut down when the funding ended.

There is still room for improvement. The following steps need to be taken to enforce the right to identity:

1. Responsibility rests firmly on Government’s shoulder. NGOs, CBOs, and FBOs can do their part to assist but Government has to take the lead. “They (Government officials) act as though they are doing you a big favour by giving you a birth certificate” says one of our community monitors. Government officials need to be trained and equipped to carry out their duties properly. They must appreciate that they are tasked with a vital responsibility. Not acting accordingly will damage the life of a child. The necessary materials, tools, equipment need to be devoted to their work in proportion to the demands and challenges.
2. More Ministries need to be involved, for instance the Ministry of Local and Regional Government. It regulates traditional authorities. Sometimes a letter is need from a traditional authority confirming that the child was born in their jurisdiction. We have come across cases where the authority charges N$ 50 (US$7) for such a letter. “Where do we get this kind of money?” lamented one parent. Current legislation allows them to set fees as they see fit. Standardized and reasonable fees need to be set.
3. Traditional Authorities need to be consulted and involved in the process. If need be, some cultural practises need to be amended or abolished. It might have been fine to have long and elaborate naming ceremonies before we adopted a western style government. These traditions can be changed so that the process takes place before the child is born or simplify them so that they can, where possible, be done as soon as the child is born.
4. Education campaigns targeting the entire population on the importance of a birth certificate need to be done. All forms of media should be utilized and the messages must be in local languages and especially in the languages spoken where the challenges are most pressing.

These are but a few suggestions on what needs to be done. We welcome any ideas that you might have. Please add any ideas by posting a comment. With that I wrap up the issue of identity. Every day we see and hear politicians say that children are the future. We need to certify our children at birth to own it.

What is your name? Part 2 July 23, 2010

Photo by William Magenya

By William Magenya

In the last posting I briefly examined why identity is important to a child. In this posting I shall continue to give reasons why some children struggle to get birth certificates.

Orphaned and Vulnerable Children (OVC) usually fail to meet the birth certificate application criteria, especially orphans. According to the National OVC Policy, an orphan is a child who has lost one or both parents. The Ministry of Home Affairs is charged with issuing birth certificates. Currently, Ministry officials insist that a child (the parent or guardian) must provide a medical document proving birth or a letter from the traditional authority or chief where the child is born and Namibian identity documents from both parents be they alive or dead. This really stacks up the odds against such a child.

Firstly, the child may not access the documents of the deceased parent(s). In some cases the child is born in an urban area and when the parent(s) dies, the child is moved to a rural area to his grandparent(s). I have come across cases where the grandparents are just too old, too frail and poor and in desperate need of help themselves. The grandparent(s) simply does not know where to begin looking for the needed documents.

Secondly, there are cases whereby the child’s father is a migrant worker. The child is therefore born as a result of a temporary relationship. Once the job is done he moves on. In this case the mother has no hope in locating him or getting his identity documents. Even if she, beyond all hope, locates him, he may simply say that he is not interested in the child or deny paternity. The mother cannot afford a lawyer to compel the father to take a paternity or a DNA test. A DNA test costs between US$ 600-700. If she is living under a US dollar a day this would be about two years’ wages.

Finally, by now you must be wondering, “Surely this cannot be the legal frame work in place to ensure that Namibian citizens are registered?” And you are right. The Births, Marriages and Deaths Registration Act No. 81 0f 1963 and its regulations (GRN Gazette No. 214 of 1987) clearly stipulate for the most part only the mothers documentation need for a birth certificate. The fathers are required if he wants the child to carry his surname or if he is biological father. In both cases the express consent of the father or man is required.

Government officials tend to be uninformed, poorly equipped and unmotivated. Many parents, guardians and caregivers complain that they are also rude, dismissive and look for excuses not to do their work. Throw corruption into the mix and you have a system that simply ignores the underprivileged in society.

These are just a few of the challenges that children, and subsequently their own children, face. Inaction will is result in stateless children. I have come across at least one case where the difficulty of obtaining a birth certificate is generational. There is a family that has three generations that do not have birth certificates because they could not get the necessary documentation of the generation that went before it.

The Convention on the Rights of the Child has gone to great lengths in stressing that at no point should a child be stateless. Statelessness means that no government can be held responsible for looking after a child. Not having a birth certificate guarantees this.

The next posting will look at what  is currently being done and what still needs to be done  to address this problem.

What is your name? Part 1 July 22, 2010

Photo By William Magenya

BY William Magenya

“What is in a name?” Romeo asks Juliet in William Shakespeare’s famous play. The author uses this line to show the importance of a name. If the doomed lovers had different surnames they could have avoided their tragic end. The next three postings will deal with issue of identity and why it is vital to the survival of children.

The value of a name is universal. All of humanity values the names that we have and give. So great is the value that the Convention on the Rights of Children (CRC) lists it as a right. The humble birth certificate is an internationally accepted way of realizing this right. It proves that a child was born, where, when and to whom it is born to. It is therefore the first form of official recognition that any child will receive in a modern and functioning state. For most us having a birth certificate is such a given that we never stop to think about its importance. It is the very first right we claim as human beings. It is foundation against which we can claim all other human rights.

Sadly, it is a right that eludes many children in Namibia. Orphaned and vulnerable children often do not have birth certificates. In short they are not officially recognized as being born or as citizens. In the following paragraphs I will go through the main reasons why Namibian children are being denied this right. One thing that all of these reasons have in common is lack of knowledge by parents and civil servants as well as poverty.

The first  and probably most common reason is where a child is born. According to the latest Namibia Demographic and Health Survey (2006-07), up to 67 percent of Namibia’s population lives in rural areas. Two thirds of the populace lives in the Northern part of the country. Children who are born in rural areas are at a disadvantage when it comes to birth certificates. In most cases the children are born in homesteads. Children in urban areas tend to be born in clinics and hospitals. Having a trained nurse or doctor attend to a birth increases the chances of a child being properly registered and therefore getting a birth certificate later on. Nonetheless, being born a clinic does not ensure that a child will get a birth certificate. Children born in very remote areas and without the aid of a doctor or nurse do not have a medical record of their birth. In remote areas where there is at least a clinic a child born there will at least get this medical record. This record is useful as proof of a birth. It can then later be used with relative ease to get a birth certificate. Being in a rural village also posses another challenge; money. Depending on the remoteness of the village a family may need to spend US$ 5-10 or more to travel to the nearest town or administrative center to convert the birth medical record into a birth certificate. This is a prohibitive cost for many rural people who survive on less than one US dollar a day.

A birth certificate allows a child to apply for social and welfare grants.  In most cases a child who has difficult getting this document lives in poverty. It is also required for school admission and get a medical record. Later in life, it will be required to get an identity card, drivers license  and a passport.   Getting a birth certificate should not be so costly nor should parents have to jump through unnecessary hoops to get one for their children. The CRC places the responsibility of providing a country’s citizenry with the necessary identification documents squarely on the shoulders of  the government. Making the acquisition of one costly may only serve to trap the child in the vicious cycle of poverty.

In the next posting I shall continue to explore other reasons why children in Namibia struggle to get birth certificates.

Break July 2, 2010

Photo by William Magenya

By William Magenya

Hi everyone. I have just come back from a really long and much needed break. I would like to reassure the readers that this blog is very much alive and will be updated with new content pretty soon.

The State of Orphaned and Vulnerable Child in Namibia: An Introduction April 6, 2010

Photo by William Magenya

By William Magenya

The term “Orphaned and Vulnerable Children (OVC)” has became commonplace. We hear it on the radio and see it in the news papers. But what does this term mean? All children, irrespective of their age, race, tribe, social and economic status are vulnerable. The HIV/AIDS pandemic continues to have devastating consequences on everyone. Unfortunately, children are the hardest hit and we must take steps to mitigate the impact of the disease on our most valued and most vulnerable members of society, children.

The steadily increasing number of children adversely affected by the HIV virus in Namibia cannot be ignored. UNESCO estimates that there are 206,000 OVC in Namibia. The Ministry of Education states that Namibia has around 180,000 children who can be classified as either an orphan or as being vulnerable. Collectively these statistics represent approximately one third of all children in Namibia. It is also roughly 10% of Namibia’s population. According to projections from the last census, Namibia has  a population of two million.

The Ministry of Gender Equality Women and Children, defines an orphan as any child who has lost one or both parents. The definition of a vulnerable child is far more detailed and inclusive. It includes children in extreme poverty – those who are basically raising themselves and those who face all kinds of abuse and violence.

OVC in Namibia face many challenges.  The most pressing concern is stigma and discrimination from members of their own communities. The key factor that drives stigma and discrimination is fear. This fear is a direct result of ignorance of HIV/AIDS and the complicated dynamics on how it spreads. Consequently, there is a natural urge to call for isolationist policies. Such approaches are not only morally wrong and illegal but also tend to compound the problem.

In most cases, children are also unable to obtain basic services because they do not possess a birth certificate or other identity documents. They are therefore excluded from accessing these  services and grants which have been put in place to assist them. Many cannot afford to pay the school fees therefore excluding them from receiving an education. If this trend continues, we could face a situation whereby one third of the population is illiterate and stuck in extreme poverty.

There has been some  progress in the governmental response.  The Namibian government has formulated an OVC National Policy and Monitoring and Evaluation Plan, an Educational Sector Policy for OVC, and Minimum Standards for Residential Child Care Facilities. The government has been assisted extensively by a large number of Non Governmental Organisations, Community Based Organisations, Faith Based Organisations and International Organisations such as UNICEF and the ILO just to mention a few. These policies and efforts clearly indicate that something is being done and that there is a realization in some quarters of how serious the situation is. The issues mentioned here are but the tip of the ice berg.

So, when we think about development, financial crises and oil spills, we should also take time to think about the children of Namibia. In the past many an expert warned about the time bomb that the HIV/AIDS pandemic has in store for us. But with improved medication and increasing accessibility to them, the time bomb is no longer as simplistic as a sharp decline in population. The pandemic has a far more sinister surprise in store for us: children who will become adults who are uneducated, poor and with little or no prospects. We have the capacity and resources needed to stem the tide. However, what we need in abundance is the will to act now.

Introduction March 31, 2010

Photo by William Magenya

BY William Magenya

Hi everybody and welcome to namchildrights.wordpress.com . As the title suggests, this blog will focus on the rights of the Namibian child and how we can ensure that these rights are enforced. Before we get started, I think a little history on what has led to the creation of this blog is in order.

The Legal Assistance Centre (LAC) Namibia is a public interest law firm and human rights centre that was established just before Namibia gained its independence on 21 March, 1990. Before independence the LAC was heavily focused on fighting the human rights abuses carried out by the then South African apartheid regime. Since then the focus of the LAC has broadened to include creating and maintaining a human rights culture in Namibia. Currently it consists of four main units, namely;

• The AIDS Law Unit (ALU)
• The Gender Research & Advocacy Programme (GR&AP)
• The Human Rights and Constitutional Law Unit(HURICON)
• The Land, Environment and Development Unit(LEAD)

ALU set up a programme in 2008 to look out for the needs of Orphans and Vulnerable Children (OVC) who were left behind when their parents succumbed to HIV/AIDS. The issue of children orphaned or left vulnerable due to HIV/AIDS is slowly gaining more recognition as a vital aspect in the fight against the HIV pandemic. For further information on the LAC, its various departments, history and mission as well as the OVC programme please visit our website at  http://www.lac.org.na/ .

This blog has been established to share with you, the reader, the challenges that Namibia faces in coming to terms with this phenomena. We do not want to bore you with definitions, statistics and in-depth analysis of the issues just yet. We will bombard you with them down the road.

The other reason why we are setting up this blog is because of the challenge we faced in getting the mainstream Namibian media to sit up, take notice and really report on children’s issues. This blog will also serve as a tool of informing and educating people both in and out of the country on the contemporary children’s rights issues in Namibia.

Further down the line we hope to partner up with other organisations, especially ones  that work directly with children, in Namibia in putting up content on this blog. This way we can bring about child participation in a meaningful and wholesome manner. We will try to keep the language simple and easy to understand so that children can read and benefit from various blog entries. Further we will try to keep the blog entries simple, interesting, vibrant and relevant. Feel free to post your comments and criticisms. We look forward to hearing from you.