Act, Act No. 7 of 2000; Criminal Procedure Act, Act No. 51 of 1977 as amended; Affirmative Action (Employment) Act, Act No. 29 of 1998 and Labour Act, Act No. 11 of 2007. A simplified version of the Combating of Domestic Violence Act, the Combating of Rape Act, as well as the Maintenance Act has been developed by the local NGO and was distributed throughout the country, through the Ministry of Gender Equality and Child Welfare. The Prevention of Organized Crime Act, Act No. 29 of 2004, specifically criminalizes trafficking in persons, slavery, kidnapping, and forced labour, including forced prostitution, child labour, and smuggling of migrants. The Combating of Rape Act, Act No. 8 of 2000, prescribes severe minimum sentences for rape. It gives the complainant (the rape victim) the right to participate in bail proceedings, and imposes bail conditions that will help to protect the rape victim. The Act requires in certain cases where minors are involved, that proceedings be heard in closed court and prohibits publication of information which could reveal the identity of the rape victim. Death penalty is abolished under Article 6 of the Namibian Constitution therefore no court or tribunal has the right to impose any death sentence. 36. ARTICLE 5: ELIMINATION OF TRADITIONAL HARMFUL PRACTICES Article 66 of the Namibian Constitution provides that both the customary law and the common law of Namibia in force on the date of independence shall remain valid to the extent to which such customary law or common law does not conflict with this Constitution or any other statutory law. Sporadic child marriages in some traditional communities remain a challenge in the country. However, in terms of the Combating of Immoral Practices Act, it is an offence for someone to impregnate or marry someone younger than sixteen years old. The Namibian Police and the Women and Child Protection Unit have a strict order to arrest and charge with the offence of statutory rape anyone who is accused of having impregnated or married a young girl. - 51 -

Select target paragraph3