NEWS, LAWS & LEGISLATION SURROUNDING RAPE
The Married Persons Equality Act, Act 1 of 1996, gives men and women in Namibia equal status in a marriage, although the societal acceptance of the man as "head of the household" is still very much part of the Namibian psyche. It does, however, now allow women to enter into contracts and financial agreements without the permission of the husband. In the past a married woman, even if she was the only income generating person in the household, needed her husband's permission (signature) to open a bank account or enter into any financial or legal contract or even to change her first name. For instance before independence a married women employed in the public service did not qualify for a housing loan whereas married men and unmarried or divorced women and men qualified. This was changed.
The Legal Assistance Centre in Namibia is a non-governmental organisation, which has taken a leading role in research and drafting of gender neutral family laws. Together with organisations such as the Namibian Multimedia Campaign on Violence against Women and Children, it has brought together representatives from NGOs, civil society and government offices, ministries and agencies to make proposals on law reform. One of the most progressive new bills was the gender-neutral Combating of Rape Act, Act 8 of 2000. The previous act did not recognise that boys or men could be raped, it also had a cautionary clause on the evidence of women.
Much still needs to be done. For instance we are working with outdated gender biased child protection and maintenance laws. The draft Child Care and Protection Bill, which last year was finally taken from the moth balls and reworked through a consultative process by the Ministry of Women Affairs and Child Welfare, still has to be finalised and tabled in Parliament. The draft is progressive in recognising the right of the child to access to both parents. So is the draft maintenance bill, which after three years is still gathering dust somewhere in the drafting process.
Another innovative and progressive draft bill affecting families and parents is the Domestic Violence Prevention Bill, which is currently with the drafters. This bill looks at empowering women to end the violence and gives police more freedom to act to stop violence. It also has a diversion programme for perpetrators of violence and the removal of the violent spouse from the relationship.
Should you need more information on any of these pieces of legislation, please contact either Leigh-Anne Agnew or Dianne Hubbard at the Legal Assistance Centre: dianne@mweb.com.na and lagnew@lac.org.na
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