10. Applauding the State Party for creating Children's Advocate under the Office of the
Ombudsman, the Committee recommends the Government of Namibia to strengthen
the capacity of the Children's Advocate through trainings on the African Children's
Charter. Furthermore, the Committee recommends the State Party to strengthen the
capacity of the National Society for Human Rights as an autonomous body to inquire on
human rights violations including violation on children's rights.
11.The Committee commends the State Party for celebrating the Day of the African Child
(DAC) in each region every year and encourages the State Party to continue
commemorating and celebrating the DAC with the objective of bringing impact on the
life ofchildren. Furthermore, the Committee recommends the Government of Namibia to
regularly submit a report to the Committee on the commemoration of the Day of the
African Child.
B. Definition of the Child
12. The Committee commends the State Party for defining a child as a person below the
age of 18 years under the recently adopted Child Care and Protection Bill. However, the
Committee is concerned that there still exists a contradiction on the definition of the
child in various laws such as the Combating of Domestic Violence Act and the
Children's Status Act. Therefore, the Committee urges the State Party to harmonize the
definition of the child in all its laws in line with article 2 of the African Children's Charter.
13. In addition, the Committee takes note that the Recognition of Customary Marriages Bill
is not yet enacted and the minimum age of marriage for customary marriages is not set.
The Committee, thus, urges the State Party to provide the minimum age of marriage at
the age of 18 years old in all circumstances in accordance with articles 2and 21 of the
African Children's Charter and to eliminate child marriage.
14.The Committee is concerned that article 14 of the Namibian Constitution which
stipulates that persons of full age can start a family, can be subjectively interpreted and
may create a loophole on issue of child marriage. Thus, the Committee recommends
the State Party to provide for a restricted and specific interpretation of the term 'full age
under article 14 of the Namibian Constitution as one means of fulfilling its obligation
under article 21 of the African Children's Charter.