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As children, it is important to know your rights and responsibilities and be aware that there are measures put in place to assist you once your rights have been violated.
The Child Care and Protection Act No 3 of 2015; calls for the appointment of a Children’s Advocate. The Children’s Advocate is located in the Office of the Ombudsman and focuses on issues pertaining to children’s rights.
The Children’s Advocate is there to represent and defend the rights of children in Namibia. Advocate Heather Harker was appointed as the Children’s Advocate on 1 October 2022. The Children’s Advocate is assisted in her duties by a social worker and two legal officers.
- Investigates complaints about the services provided to children under the laws of the Namibian constitution.
- Investigates incidences of violation of children’s rights.
- Monitors the implementation of the Child Care and Protection Act and other laws relating to children.
- Raises awareness on the Child Care and Protection Act and on issues pertaining to children’s rights and responsibilities in general.
Children are welcome to approach the Children’s Advocate, teachers, caretakers, family members or other community members can also approach us on behalf of children. You do not have to be related to a child in order to approach the children’s Advocate with a complaint or enquiry.
The Children’s Advocate is situated in Windhoek at the corner of Feld and Lossen Streets.
You can lay a complaint by visiting the Office,
- Telephonically- 061 207 3111
- Email- office@ombudsman.org.na
- Facebook inbox- Office of the Ombudsman Namibia
- SMS- 20401
- You can lodge a complaint online
The Children’s Advocate resolves complaints through consultations with stakeholders and experts; the aim is to avoid conflict as much as possible and to resolve an issue in the best interest of the child. The services of the Children’s Advocate are free of charge and cases are treated with the utmost discretion and confidentiality.
Children’s Rights case summaries
Below are examples of actual cases investigated by the Children’s Advocate
Prolonged custody application
Dissatisfaction with amount received for child maintenance
Denying learner access to report card
Child denied access to school due to hairstyle
Prolonged custody application
A child’s mother alleged that she had a pending custody application in the children’s court and that the matter has not been brought to finality. Our inquiries revealed that the court commissioned a second social worker report as the initial information did not contain the stepfather’s version of an allegation of abuse against him. The second report was requested in January 2021 and was only provided to the court in August of the same year for hearing dates for the custody application. The complainant informed us that she did not have the funds to continue paying for a lawyer.
We informed her that she could request that the matter be referred to the social workers for mediation and/or the drafting of a parenting plan, as she no longer had objections to the father retaining custody and her being granted reasonable access to the concerned child. She made the suggestion to the father that the matter is mediated by the social workers, for his consideration. The father agreed and the matter was resolved.
Dissatisfaction with amount received for child maintenance
The complainant narrated that, the amount she was receiving from her child’s father (N$ 600) was insufficient. She further alleged that she had been receiving this amount since 2017 and that she could not afford the child’s upkeep with this amount and her monthly salary of N$ 1500. She alleged that the Court informed her that an increment was not necessary.
Our Social Worker intervened and acted as a mediator between the complainant and the father of the child. The two parties agreed to increase the amount. The complainant and the child’s father jointly informed the court of their agreement.
Denying learner access to report card
A parent of a child at a school in the Khomas region was aggrieved by the conduct of a school Principal who allegedly threatened not to give their child a report card due to non-payment of school development funds. The complainant alleged that the school sent him a threatening letter.
We approached the school principal who admitted to having written the letter, we informed the principal that financial contributions at government schools are not mandatory and thus they had no right to deny any child access to report cards due to the non-payment of such funds. The principal assured our investigators and the complainant that no learner at the school will not face any sanctions due to the non-payment of voluntary fees.
Child denied access to school due to hairstyle
The complainant approached our office and alleged that his son was denied admission to school in 2021, because of the length of his hair. The complainant requested our assistance in assisting his son to access his right to education.
We held various meetings with the Ministry of Education Arts and Culture and the school at which the child was placed, and finally, in March 2022 the child was reintegrated into the education system and is now able to access his right to education.