than males are enrolled in Namibian schools, that is 91, 4% males compared
to 94.8% females. In this regard access to education has improved during the
last five years. More class rooms and teachers accommodation have been
built, mainly in the rural areas.
20.
ARTICLE 18: FAMILY, DISCRIMINATION AGAINST THE RIGHT OF
WOMEN, PROTECTION OF CHILDREN, AGED AND PERSONS WITH
DISABILITY
Article 14 (3) of the Namibian Constitution provides that the family is a
natural and fundamental group unit of society and is entitled to protection by
society and the State. The Marriage Act 25 of 1961 further provides for
solemnization of civil marriages. Article 66(1) of the Namibian Constitution
recognizes customary law to the extent that it does not conflict with the
Constitution, but there is no specific statute dealing with the recognition of
customary marriages. The Law Reform and Development Commission has
recommended the enactment of a law for the recognition of customary
marriages. In terms of Article 4(3)(b) of the Namibian Constitution, a marriage
by customary law shall be deemed to be a marriage to enable a person to
obtain Namibian citizenship by marriage. The right not to be a compellable
witness against a spouse is extended to customary marriages in terms Article
12(f) of the Namibian Constitution.
The Children’s Act, Act 33 of 1960, makes provision for the adoption or
fostering of children that are left orphaned or became eligible for any of the
two alternative care options available.
21.
ARTICLE 19 AND 20: PEOPLES RIGHTS TO SELF-DETERMINATION
Namibia attained independence as a unitary State in 1990. As a result
Namibia continues to protect its borders as recognized by the international
community and the Constitution.
22.
ARTICLE 21 AND 22: NATURAL RESOURCES AND ECONOMIC, SOCIAL
AND CULTURAL RIGHTS
22.1 All peoples shall freely dispose of their wealth or natural resources –
rights to development
Article 100 of the Namibian Constitution provides that land, water and
natural resources below and above the surface of the land and in the
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