C. General Principles
NoH' Discrimination
15.The Committee appreciates the State Party for its effort to ensure that the principle of
non-discrimination is observed through programs devised for children from minority
groups, children with disability, and vulnerable children. However, the Committee has a
concern on Section 20 {4,c) of the Namibian Constitution which provides for an
exhaustive list of grounds for non-discrimination. The Committee is also concerned
about the existence of discrimination in intestate succession under customary law.
Moreover, the Committee is concerned about children from indigenous groups such as
the San people who are excluded from accessing basic services.
16.Therefore, the Committee recommends the Government of Namibia to ensure that all
children are not discriminated and are enjoying their rights and freedoms irrespective of
their parents' or guardians' race, ethnic group, color, sex, language, religion, political or
other opinion, national or social origin, fortune, birth or other status. To this effect, the
Committee urges the State Party to ensure the observance of the principle of nondiscrimination in intestate succession under customary law and to enact the Intestate
Succession Bill within a short time frame.
The Best interest of the Child
17.The Committee is deeply satisfied by the legislative measures taken by the State Party
to entrench the best interest of the child as a primary consideration in decisions and
actions affecting the child. In this regard, the Committee recommends the State Party
to supervise and monitor the full application of this principle overriding other interests in
all administrative and judicial decisions that affect the life of children.
The Right to Life, Survival and Development
18.The Committee commends the State Party for introducing pentavalent vaccination to
reduce child mortality. However, the Committee is concerned by the high level of infant
and under-five mortality, malnutrition, infanticide, baby dumping and poor sanitation.
Therefore, the Committee recommends the Government of Namibia to adopt a child
health policy as a policy intervention to reduce infant and under-five mortality. In
addition, the Committee recommends the State Party to adopt and implement
programmes for appropriate home care and timely treatment of complications for
newborns; integrated management of childhood illness for all children under the age of
five; expanded and strong immunization; infant and young child feeding; promotion of
breastfeeding: and provision of nutrients.