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166 actual school attendance.
In 1998, 89 percent of children ages 6 to 14 years were attending school.
1612 As of 2001, 98 percent of children who started primary school were likely to reach grade 5.
1613 A 2000 national survey of children ages 6 to 15 years found that 14 percent of girls were not currently attending school, compared to 8 percent of boys.
Working children are predominantly school dropouts or have never been enrolled in school. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1614 The 2000 Egyptian Demographic and Health Survey of children ages 8 to 10 found that 3.4 percent of boys had never attended school, compared to 8.4 percent of girls in the same age group.
1615 Due to a significant investment in building and renovating primary schools in the 1990s, access to primary school education in Egypt is now nearly universal; however, concerns about the quality of education persist. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1616 Weaknesses in the education system that contribute to low school attendance among working children include the centralized educational structure, inadequate teacher incentives, a shortage of trained teachers, misallocation of resources, overcrowding, corporal punishment in schools, lack of participatory learning techniques, irrelevant curricula, and inadequate school infrastructure, such as sanitation facilities. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1617 Child Labor Laws and Enforcement Article 99 of the Labor Law of 2003 prohibits the employment of children below the age of 14 years. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1618 The law also prohibits juveniles ages 14 to 17 from working more than 6 hours per day, requires at least a 1 hour break, and prohibits juveniles from working overtime, on holidays, more than 4 consecutive hours, or between the hours of 7:00 p.m. and 7:00 a.m. 1619 However, these provisions do not apply to children working in the agricultural sector, in small family enterprises, and domestic service.
1620 In addition, under decree by the governor and approval of the Minister of Education, Law No. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
12 of 1996 allows for the employment of children ages 12 to 14 years in seasonal jobs that do not harm their health or impact their schooling, 1621 and children ages 12 to 18 may participate in certain types of apprenticeship training.
1622 There are ministerial decrees which complement the labor law, such as Decree No. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
118 of 2003, which prohibits children below age 16 from working in 44 hazardous sectors, including agricultural activities 1612 UCW analysis of ILO SIMPOC, UNICEF MICS, and World Bank surveys, Child Economic Activity and School Attendance Rates.
1613 UNESCO Institute for Statistics, http://stats.uis.unesco.org/TableViewer/tableView.aspx?ReportId=55 (School life expectancy, % of repeaters, survival rates; accessed December 2005). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1614 UN Committee on the Rights of the Child, Committee on the Rights of the Child - NGO Alternative Report, CRC.26/Egypt, prepared by NGO Coalition on the Rights of the Child, pursuant to Article 44 on the Convention on the Rights of the Child, January 2001, 24; available from http://www.crin.org/docs/resources/treaties/CRC.26/egypt_ngo_report.pdf.
See also ILO- IPEC, Gender, Education and Child Labour in Egypt, 32-46. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1615 American University in Cairo, Egypt Demographic and Health Survey 2000 (EDHS), [online] 2000 [cited July 5, 2005]; available from http://www.aucegypt.edu/src/girlseducation/statistics_edhs2000.htm.
1616 UNICEF Egypt, The Children: Primary school years, UNICEF, [online] n.d. [cited June 30, 2005]; available from http://www.unicef.org/egypt/children_152.html.
1617 UNDP - Egypt and Planning, MDGs Second Country Report: Egypt, 20-21. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See also UNDP - Egypt, Egypt Human Development Report 2004: Choosing Decentralization for Good Governance, prepared by Egypt Institute of National Planning, 2004, 69-70; available from http://www.undp.org.eg/publications/HDP-2004-E%20.pdf.
See also ILO-IPEC, Gender, Education and Child Labour in Egypt, 43-45.
1618 Labour Law, Law No.
12/2003, (April 7), Article 99.
See also ILO-IPEC, Gender, Education and Child Labour in Egypt, 27.
1619 Labour Law, Article 101.
1620 Ibid., Article 103. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1620 Ibid., Article 103.
See also ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR), "CEACR Comments".
1621 ILO-IPEC, Gender, Education and Child Labour in Egypt, 28.
See also ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR), "CEACR Comments".
1622 Decree Concerning the Rules and Procedures Regulating Vocational Apprenticeship, Decree No.
175 of 2003, (August 31), Articles 1- 16.
167 involving the use of pesticides. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
167 involving the use of pesticides.
1623 Fines for the illegal employment of children range from 500 to 1,000 Egyptian pounds (about USD 87 to 174) per employee.
1624 Parents or guardians of a child who fails to enroll in or regularly attend a school are subject to a fine; 1625 however, fines are minimal (approximately USD 1.75) and the regulations are not effectively enforced. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1626 Egyptian law does not specifically prohibit trafficking in persons; 1627 however, other parts of the criminal code that prohibit forced labor, rape, prostitution, and the abduction of children, may be used to prosecute traffickers.
1628 The Penal Code prohibits forced labor and makes it illegal for a person to entice or assist a male under the age of 21 or a female of any age to depart the country to work in prostitution or other “immoral” activities. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
The Penal Code also prohibits the incitement of any person under the age of 21 to commit any act of prostitution or “immorality,” including the use of children in the production, promotion or distribution of pornography.
Violations of these laws are punishable with imprisonment for a period of 1 to 7 years and fines from 100 to 500 pounds (USD 17 to 87).
1629 The minimum age for voluntary recruitment into the armed forces is 18 years of age. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1630 Since 1999, the Government of Egypt has submitted to the ILO a list or an equivalent document identifying the types of work that it has determined are harmful to the health, safety or morals of children under Convention 182 or Convention 138.
1631 The Ministry of Manpower and Migration (MOMM) is the government agency responsible for enforcing child labor laws. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1632 The Child Labor Unit within the MOMM coordinates investigations of reports of child labor violations and ensures enforcement of the laws pertaining to child labor, and a separate unit for child labor inspections within the agricultural sector has been established within the MOMM.
1633 Local trade unions report that in state-owned enterprises, enforcement is adequate, while enforcement in the private and informal sectors is inadequate. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1634 According to the U.S. Department of State, the recent 1623 Decree 118 specifically prohibits employment in cotton compressing, leather tanning, bars, auto repair shops, or with explosives and chemicals (including pesticides).
The Decree identifies maximum allowable weights that male and female children are allowed to carry and stipulates that employers provide health care and meals for employed children and implement appropriate occupational health and safety measures in the work place. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See Decree Determining the System of Employing Children, and the Conditions, Terms and Cases in which They Are Employed as well as the Works, Vocations, and Industries in which it is Prohibited to Employ Them, According to the Different Stages of Age, Decree No.
118 of 2003, (June 30), Articles 1-9.
See also U.S. Embassy- Cairo, reporting, August 18, 2003.
Contrary to this law, seasonal work in agriculture is reportedly performed by children under 12 in state-run cooperatives. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR), "CEACR Comments."
1624 Fines double if the violation is repeated.
Violations of articles pertaining to occupational health and safety result in imprisonment for a period of at least 3 months and/or a fine of up to 10,000 pounds (USD 1,698).
See U.S. Embassy- Cairo, reporting, August 18, 2003. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
For the currency conversions, see Oanda.com, FXConverter, in FXConverter, [online] [cited July 5, 2005]; available from http://www.oanda.com/convert/classic.
1625 UN Committee on the Elimination of Racial Discrimination (CERD), Periodic Reports of States Parties: Egypt, para.
307.
1626 ILO-IPEC, Gender, Education and Child Labour in Egypt, 39.
1627 U.S. Department of State, Trafficking in Persons Report.
1628 U.S. Embassy- Cairo, reporting, March 2, 2005. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See also U.S. Department of State, Country Reports- 2004: Egypt, Section 5.
1629 Interpol, Legislation of Interpol Member States on Sexual Offences against Children: Egypt, Law no.
10 of 1961, Articles 1-14, Penal Code no.
58 of 1937, Article 178, and Law no.
12 of 1996 (Child Law), as cited in Interpol national laws database, [database online] January 8, 2003 [cited June 30, 2005]; available from http://www.interpol.org/Public/Children/SexualAbuse/NationalLaws/csaEgypt.asp. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See also UN Committee on the Elimination of Racial Discrimination (CERD), Periodic Reports of States Parties: Egypt, paras.
132-143.
For currency conversion, see Oanda.com, FXConverter.
1630 There are reports that a number of children ages 16 to 18 years are allowed to volunteer for administrative or maintenance work in the armed forces, but do not engage in any forms of military training or combat. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See Coalition to Stop the Use of Child Soldiers, Global Report 2004: Egypt, London, November 17, 2004; available from http://www.child- soldiers.org/document_get.php?id=942.
1631 ILO-IPEC official, email communication to USDOL official, November 14, 2005.
1632 U.S. Embassy- Cairo, reporting, August 18, 2003.
1633 Ibid.
See also ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR), "CEACR Comments.” 1634 U.S. Department of State, Country Reports- 2004: Egypt, Section 6d. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
168 modifications in the Child Labor Law have not significantly improved children’s working conditions due to weak enforcement by the government.
1635 There is a shortage of labor inspectors trained to identify and intervene in cases involving child labor. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
However, in recent years, a number of cases involving enforcement of child labor and related infractions were reported by the local press, including arrests of individuals coercing street children to beg, steal and work in other informal activities, as well as individuals caught abusing child domestic workers. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
In most reported cases, children were removed from the work environment and legal action was taken against the employers who were found to be in violation of child labor laws or other prohibiting legislation.
In cases where offenders have been prosecuted, the fines imposed were often as small as 20 pounds (USD 3.47) and had questionable deterrent effect.
1636 The Government of Egypt has made modest efforts to prosecute trafficking cases. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1637 Current Government Policies and Programs to Eliminate the Worst Forms of Child Labor The Government’s National Council for Childhood and Motherhood (NCCM) continues to implement a national plan to increase educational opportunities for girls and combat the worst forms of child labor, among other goals. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1638 The NCCM is collaborating with the MOMM, Egyptian Trade Union Federation (ETUF), ILO, UNICEF, and the Ministries of Social Affairs, Agriculture, Education, Health, and Interior to implement action programs related to the plan’s objectives.
1639 While the action programs began with technical support from ILO-IPEC and the AFL-CIO Solidarity Center, the NCCM, ETUF, UNICEF, and MOMM now operate the projects independently. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1640 With support from the EU and other donors, the NCCM is implementing a large-scale project addressing children’s issues, with a focus on 7 priority areas, including child labor, street children, disabled children, early childhood education, drug abuse, girls’ education, and prevention of harmful practices against girls.
The Egyptian Prime Minister has recently earmarked 100 million Egyptian pounds (USD 17.5 million) in matching funds towards this initiative. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1641 The NCCM is also implementing projects in the governorates of Sharkia, Menofia, Minya, and Damietta to shift working children into non-hazardous activities and gradually eliminate all forms of child labor.
1642 1635 Ibid.
1636 Ibid.
See also U.S. Embassy - Cairo, reporting, September 12, 2005.
1637 U.S. Department of State, Trafficking in Persons Report.
1638 The national plan became effective in 2004.
See U.S. Department of State, Country Reports- 2004: Egypt, Section 5. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1639 The national strategy was incorporated into the government’s annual Economic and Social Plan and into the government’s 2002-2007 5-year plan.
See U.S. Embassy- Cairo, reporting, September 1, 2004.
See also U.S. Embassy- Cairo, reporting, September 12, 2005.
See also ILO-IPEC, Elimination of Child Labor in Egypt. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See also ILO-IPEC, A Future Vision for the Alleviation and Elimination of the Worst Forms of Child Labour, prepared by Egyptian Trade Union Federation (ETUF) and American Center for International Labor Solidarity, 2004.
1640 Upon the completion of MOMM’s collaboration with ILO-IPEC in March 2004, five governorates, including New Valley, Luxor, Aswan, North Sinai, and South Sinai, were declared by the government to be free of the worst forms of child labor. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See U.S. Embassy- Cairo, reporting, September 1, 2004.
See also UNICEF Egypt, Child Protection, Working Children: Issues and impact, UNICEF, [online] n.d. [cited June 30, 2005]; available from http://www.unicef.org/egypt/protection_147.html.
1641 The project will be supported through a donor partnership fund of approximately 20 million euro (USD 23.9 million).
See U.S. Embassy- Cairo, reporting, September 1, 2004.
See also Ambassador Hussein El-Sadr, interview with USDOL official, September 20, 2005. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1642 These four governorates were found to have the highest rates of the worst forms of child labor in a national child labor survey conducted by the Central Agency for Public Mobilization and Statistics (CAPMAS) in 2001.
See U.S. Embassy- Cairo, reporting, September 1, 2004. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
Selected Child Labor Measures Adopted by Governments Ratified Convention 138 6/9/1999 9 Ratified Convention 182 5/6/2002 9 ILO-IPEC Member 9 National Plan for Children 9 National Child Labor Action Plan 9 Sector Action Plan (Street Children) 9 169 The NCCM and MOMM are also collaborating with other line ministries and NGOs to increase awareness of child labor and strengthen enforcement of existing laws. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
The NCCM and the Ministry of Interior are training police officers to raise awareness of child rights and best practices for dealing with at-risk children and youth.
The NCCM and MOMM are also working with the Ministry of Information on awareness raising campaigns in all 26 governorates to highlight the negative impact of child labor on children, their families and employers and to educate them about relevant legislation and enforcement issues. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1643 The MOMM is collaborating with the Ministry of Education to identify governorates with high dropout rates and has increased child labor inspection in those areas.
1644 The MOMM and the Ministry of Agriculture are cooperating to prevent underage children from working in the cotton harvesting sector and to provide children working legally with the necessary protection while engaging in agricultural activities. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1645 In June 2005, the NCCM and UNICEF jointly organized a 3-day conference in Cairo entitled “Middle East and North Africa (MENA) Regional Consultation on Violence against Children,” at which Egypt’s First Lady, Mrs. Suzanne Mubarak, announced the establishment of a national hotline to receive complaints of abused children, including child laborers. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1646 Following the conference, the NCCM also established a permanent committee to combat all forms of violence against children, which will have branches in all governorates and will include representatives from the Ministries of Interior, Social Affairs, Justice, Education and Health as well as representatives from civil society. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1647 Since 2003, the NCCM and UNICEF have also been implementing the National Strategy for the Protection and Rehabilitation of Street Children (also launched under the auspices of the First Lady), which aims to rehabilitate and reintegrate street children back into society.
1648 The Government of Egypt has established a National Taskforce for Girls’ Education to promote girls’ education and eliminate gender disparities in the education system by the year 2015. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1649 In addition, the World Bank’s Education Enhancement Program Project is working to ensure universal access to basic education, with an emphasis on girls, and to improve the quality of education.
1650 In February 2005, the World Bank also began supporting a USD 108 million Early Childhood Education Enhancement Project, which aims to increase access to and improve the quality of pre-primary education, and increase the capacity of the Ministry of Education to improve kindergarten programs. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1643 U.S. Embassy- Cairo, reporting, September 12, 2005.
1644 Ibid.
1645 U.S. Embassy- Cairo official, personal communication, to USDOL official, May 26, 2005. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
1646 The National Council for Childhood and Motherhood (NCCM), "Every Child Has the Right to be Protected from All Forms of Violence: Outcome document of the Regional Consultation" (paper presented at the The MENA Regional Consultation on Violence Against Children, Cairo, July 2005); available from http://www.ohchr.org/english/bodies/crc/docs/mena171005.doc.
1647 U.S. Embassy- Cairo, reporting, September 12, 2005. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See also U.S. Embassy- Cairo official, personal communication to USDOL official, May 26, 2005.
1648 UNICEF Egypt, Child Protection, Street Children: Issues and impact, UNICEF, [online] n.d. [cited June 30, 2005]; available from http://www.unicef.org/egypt/protection_144.html.
1649 ILO-IPEC, Gender, Education and Child Labour in Egypt, 54.
1650 The project is slated for completion in August 2006. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
See World Bank, Egypt Education Enhancement Project, World Bank, [database online] June 30, 2005 [cited June 30, 2005]; available from http://web.worldbank.org/external/projects/main?pagePK=104231&piPK=73230&theSitePK=40941&menuPK=228424&Projecti d=P005169. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1721911759170.pdf | https://www.dol.gov/sites/dolgov/files/ILAB/child_labor_reports/tda2005/egypt.pdf | Egypt |
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 1 NOTE In this publication, “Ministry” and “Minister” refer to the Ministry and Minister responsible for child protection, and “Guide” means this Guide to the Child Care and Protection Act (which is published in separate chapters).
EDITION 2019 C H A P T E R 1 7 G U I D E T O N A M I B I A ’ S C H I L D C A R E A N D P R O T E C T I O N A C T 3 O F 2 0 1 5 ADOPTION 1. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
New concepts ................................................................................................................................. 2 2.
Constitutional and international framework ..................................................... 4 3.
Domestic adoptions ................................................................................................................. 6 3.1 When is a child eligible to be adopted? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
........................................................................................... 6 3.2 Who can adopt a child? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
..................................................................................................................... 9 3.3 Adoption process .............................................................................................................................. 11 3.4 Rescission of an adoption ........ 41 3.5 Access to information about adoption .................................... 42 4. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Inter-country adoptions ................................ 43 4.1 History of inter-country adoption .................................... 43 4.2 Hague Convention on Intercountry Adoption .............. 45 4.3 Central Authority and accredited child protection organisations ............................. 47 4.4 Inter-country adoption process ...................................... 49 4.5 Exceptional cases of inter-country adoption ............. 55 4.6 No circumvention of inter-country adoption ............. 57 5. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Crimes ........................................ 59 Step 1: The applicant is generally a suitable person to adopt a child ............................................................. 11 (1) Application to be a prospective adoptive parent ...... 11 (2) Assessment and decision by social worker .............. 14 (3) Listing prospective adoptive parent in RACAP .......... 16 Step 2: Adoption of a specific child by a specific adoptive parent is in the child’s best interests ............ 18 (4) Application to adopt ................................................. 19 (5) Notice of adoption hearing ....................................... 22 (6) Consent ................................................................... 24 (6.1) Who must give consent? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
................................ 24 (6.2) How must consent be given? | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
......................... 29 (6.3) Overruling unreasonable refusal of consent .... 32 (6.4) Withdrawal of consent during cooling-off period ............................................................. 33 (7) Adoption plans (optional) ........................................ 34 (8) Adoption order ......................................................... 35 Step 3: Record-keeping after the adoption order is issued ......................................................................... 38 (9) Adoption Register ..................................................... 38 (10) Birth record .............................................................. 39 2 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption A doption is a useful way of affording children the benefits of family life which might not otherwise be available to them. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The Child Care and Protection Act takes a child-centred approach to adoption with the best interests of the child as a guiding standard.
It makes provision for inter- country adoption where there is no suitable long-term care option for a child inside Namibia.
It should be noted that only a small number of Namibian children are adopted each year, while many children are in kinship care or foster care.
1. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
1.
New concepts The Child Care and Protection Act contains some concepts and principles which were not part of the previous Namibian law on child protection.
These are some of the most important new concepts relating to adoption.
Best interests of the child: The Child Care and Protection Act introduces the concept of the best interests of the child as the governing principle in adoptions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Adoption plans: The Child Care and Protection Act introduces the concept of adoption plans whereby the birth parents and adoptive parents in a disclosed adoption (where the identi ties of birth and adoptive parents are known to each other) enter into an agreement covering issues such as the sharing of information and contact with the birth family.
Adoption plans are optional.
They are binding only if they are made into a court order at the time of the adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Inter-country adoptions: The High Court of Namibia ruled in 2004 that it is unconstitutional to have a blanket rule preventing non-Namibians from adopting children born in Namibia, because such adoptions may sometimes provide the best family environment for a child.
Since that ruling, Namibia has become a party to the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The Child Care and Protection Act is designed to give practical effect to the Hague Convention in Namibia.
It sets out the process and requirements that must be met in order for a child who is habitually resident in Namibia to be adopted by a person who is habitually resident outside Namibia.
Inter-country adoption will only be considered where there are no suitable long-term care options for the child within Namibia. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Namibia will make agreements with selected countries for purposes of inter-country adoption, and inter-country adoption will be arranged only with adoptive parents from those countries.
It cannot be seriously disputed that ‘a family’ is the best vehicle for the upbringing of children.
So much the better if the ‘family’ is made up of the biological parent(s) of the child.
The next best thing to a biological family, in my view, is an adoptive family. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
It is the duty of society, therefore, to make possible, and not hinder or frustrate, a family for every child given up for adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Detmold & Another v Minister of Health and Social Services & Others 2004 NR 174 (HC), pages 181-182 Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 3 Principle of subsidiarity: The princi ple of subsidiarity means that inter- country adoption can take place only after possibilities for placement of a child in the child’s home country have been given due consideration.
This does not always mean that an adoptive family for the child must be found in the home country. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
For example, a child with a severe disability might need specialised care that can only be provided by a children’s home with suitable facilities, meaning that long- term institutional care might be more appropriate for that child than adoption.
In some cases, long-term kinship care in a child’s home country might be better for the child than adoption by a family in another country.
The long- term care option which is in a child’s best interests must be considered on a case-by-case basis. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
“Habitual residence” is not defined in the Hague Convention or in the Child Care and Protection Act.
This is intentional, to preserve flexibility.
Habitual residence has been described as an abode in a particular place or country which has been adopted voluntarily and for settled purposes as part of the regular order of a person’s life for the time being, whether of short or of long duration.
It is not dependent on citizenship or permanent residence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
“Habitual” implies a stable link with a place, which may be achieved through length of stay, or through evidence of a particularly close tie between the person and the place.
The child’s view may be relevant to the determination of the child’s country of habitual residence. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
See WS v LS 2000 (4) SA 104 (C); Senior Family Advocate, Cape Town & Another v Houtman 2004 (6) SA 274 (C); Central Authority (SA) v A 2007 (5) SA 501 (W); Central Authority v MR (LS Intervening) 2011 (2) SA 428 (GNP); Central Authority v TK 2015 (5) SA 408 (GJ) See also MW v Minister of Home Affairs 2016 (3) NR 707 (SC) (“ordinarily resident”) Formal adoption versus informal adoption and adoption in terms of customary law The Child Care and Protection Act covers only formal adoptions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I It does not apply to informal “adoptions” where a child is treated as a child of the family without a formal adoption process.
I It does not apply to adoptions under customary law.
Only formal adoptions concluded under the Act will be recognised for purposes such as liability for maintenance and intestate succession. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
S v Koyoka 1991 NR 369 (HC); Tjingaete v Lakay NO 2015 (2) NR 431 (HC) See also Flynn v Farr NO and Others 2009 (1) SA 584 (C) 4 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption 2.
Constitutional and international framework Article 14 of the Namibian Constitution affords special protection to the family, and adoption is a valuable way of affording children the benefits of family life which might not otherwise be available to them. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Both the Convention on the Rights of the Child and the African Charter on the Rights and Welfare of the Child emphasise the importance of ensuring that adoptions take place in accordance with applicable laws and procedures, on the basis of thorough and reliable information.
They both stress the importance of ensuring that adoptions involve only children who are in need of being adopted, subject to the consent of all relevant persons. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Both also note the importance of being particularly careful that inter-country adoptions are considered only if no suitable local options are available, and with careful safeguards to prevent abuses.
The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption is designed to ensure that inter-country adoptions take place in the best interests of the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
It recognises that inter-country adoption may offer the advantage of a permanent family to a child for whom a suitable family cannot be found in his or her country of origin, but it requires that possibilities for the placement of the child within the country of origin be considered first. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The Convention establishes a system of co-operation between authorities in countries of origin and receiving countries, and provides safeguards against abuses such as abduction, exploitation, sale or trafficking of children.
The Convention also guarantees recognition in all contracting states of adoptions made in accordance with the Convention.
Namibian Constitution Article 14(1) The family is the natural and fundamental group unit of society and is entitled to protection by society and state. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
UN Convention on the Rights of the Child Article 21 States Parties that recognize and/or permit the system of adoption shall ensure that the best interests of the child shall be the paramount consideration and they shall: (a) Ensure that the adoption of a child is authorized only by competent authorities who determine, in accordance with applicable law and procedures and on the basis of all pertinent and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and legal guardians and that, if required, the persons concerned have given their informed consent to the adoption on the basis of such counselling as may be necessary; (b) Recognize that inter-country adoption may be considered as an alternative means of child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin; Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 5 (c) Ensure that the child concerned by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption; (d) Take all appropriate measures to ensure that, in inter-country adoption, the placement does not result in improper financial gain for those involved in it; (e) Promote, where appropriate, the objectives of the present article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework, to ensure that the placement of the child in another country is carried out by competent authorities or organs. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
African Charter on the Rights and Welfare of the Child Article 24: Adoption States Parties which recognize the system of adoption shall ensure that the best interest of the child shall be the paramount consideration and they shall: (a) establish competent authorities to determine matters of adoption and ensure that the adoption is carried out in conformity with applicable laws and procedures and on the basis of all relevant and reliable information, that the adoption is permissible in view of the child’s status concerning parents, relatives and guardians and that, if necessary, the appropriate persons concerned have given their informed consent to the adoption on the basis of appropriate counselling; (b) recognize that inter-country adoption in those States who have ratified or adhered to the International Convention on the Rights of the Child or this Charter, may, as the last resort, be considered as an alternative means of a child’s care, if the child cannot be placed in a foster or an adoptive family or cannot in any suitable manner be cared for in the child’s country of origin; (c) ensure that the child affected by inter-country adoption enjoys safeguards and standards equivalent to those existing in the case of national adoption; (d) take all appropriate measures to ensure that in inter-country adoption, the placement does not result in trafficking or improper financial gain for those who try to adopt a child; (e) promote, where appropriate, the objectives of this Article by concluding bilateral or multilateral arrangements or agreements, and endeavour, within this framework to ensure that the placement of the child in another country is carried out by competent authorities or organs; (f) establish a machinery to monitor the well-being of the adopted child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption Article 4 An adoption within the scope of the Convention shall take place only if the competent authorities of the State of origin — a) have established that the child is adoptable; b) have determined, after possibilities for placement of the child within the State of origin have been given due consideration, that an intercountry adoption is in the child’s best interests; c) have ensured that — (1) the persons, institutions and authorities whose consent is necessary for adoption, have been counselled as may be necessary and duly informed of the effects of their consent, in particular whether or not an adoption will result in the termination of the legal relationship between the child and his or her family of origin, (2) such persons, institutions and authorities have given their consent freely, in the required legal form, and expressed or evidenced in writing, 6 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption (3) the consents have not been induced by payment or compensation of any kind and have not been withdrawn, and (4) the consent of the mother, where required, has been given only after the birth of the child; and d) have ensured, having regard to the age and degree of maturity of the child, that — (1) he or she has been counselled and duly informed of the effects of the adoption and of his or her consent to the adoption, where such consent is required, (2) consideration has been given to the child’s wishes and opinions, (3) the child’s consent to the adoption, where such consent is required, has been given freely, in the required legal form, and expressed or evidenced in writing, and (4) such consent has not been induced by payment or compensation of any kind. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
3.
Domestic adoptions 3.1 When is a child eligible to be adopted?
Children in the following circumstances are eligible for adoption: I the child has no parent AND there is no suitable guardian or care-giver who is willing to care for the child I the whereabouts of the child’s parent or guardian cannot be established AND there is no suitable guardian or care-giver who is willing to care for the child There is some overlap between this aspect of adoptibility and the definition of an “abandoned child”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
I the child has been abandoned, which means – z the child has obviously been deserted by the parent, guardian or care-giver z the child has, for no apparent reason, had no contact with the parent, guardian or care- giver for at least three months z the child has been left at a safe haven and has not been claimed during the relevant waiting period z the whereabouts of the parents are unknown or the parents cannot be traced Before an abandoned child can be adopted, the social worker must publish an advertisement in at least one national newspaper circulating in the area where the child was found and one radio station broadcasting in that area, to see if anyone claims responsibility for the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
If the child was left at a safe haven, there is 60-day period during which the child may be reclaimed.
In other cases of apparent abandonment, there is a 30-day waiting period.
The relevant facts must be supported by affidavit.
I the child is to be adopted by a step-parent I the child is in need of a permanent alternative placement Note that this does NOT apply if the child is in permanent foster care or stable kinship care. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
This caveat has been included in the law because some cultural groups in Namibia do not favour formal adoption.
I the child’s parent or guardian has decided to give the child up for adoption.
Eligibility for adoption must be assessed by a designated social worker.
The Adoption Registrar must record the names of children who are eligible for adoption in the Register of Adoptable Children and Prospective Adoptive Parents (RACAP). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 7 If a child is assessed as being adoptable, the designated social worker must record the relevant information about the child on Form 19B, which is appended to the Child Care and Protection Regulations, and submit the form to the Minister so that the child’s particulars can be entered into RACAP by the Adoption Registrar. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
A child is eligible to be adopted ONLY IF the child is listed in the Register of Adoptable Children and Prospective Adoptive Parents (RACAP).
If a child listed in RACAP is adopted, the name and other identifying information of the child will remain in RACAP, and an entry must be added regarding the adoption. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Child Care and Protection Act, sections 1 (definition of “abandoned”), 169, 171(3), 183(1), 227 Child Care and Protection Regulations, regulations 61, 62(1)-(2), 70 Birth certificates required for all adoptable children Note that the Ministry official designated as the Adoption Registrar is responsible for making sure that all children who are listed in RACAP as being eligible for adoption are registered with the Ministry responsible for home affairs and issued with birth certificates. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
It is possible to obtain a birth certificate even in the case of an abandoned child where there is no information about the identity of the parents.
Birth registration of all children prior to adoption will help to prevent child trafficking and other improper practices.
Child Care and Protection Act, section 183(3)(a) Child Care and Protection Regulations, regulation 70(1)(e) My mother remarried after my father died. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
My step-father is applying to adopt me so he and my mother will both be my legal parents.
I have been in foster care since I was very young because my parents died in a car accident and there were no extended family members who were able to care for me.
I stayed with several different foster parents at first.
Now my current foster parents want to adopt me so that I will have a stable and permanent home.
I was told that my mother decided to give me up for adoption when I was born. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
My adoptive mother told me that my birth mother was very young.
She did not feel that she was ready to be a parent, so she thought that adoption would be best for me.
8 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption DOMESTIC ADOPTION PROCESS Step 3: Record-keeping after the adoption order is issued.
9 ADOPTION REGISTER: Adoption Registrar records basic information about the adoption in the Adoption Register. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
(The child has a right to access the information in the Adoption Register after reaching the age of majority.)
10 BIRTH RECORD: Adoption order is copied to Ministry of Home Affairs and Immigration so that birth register can be altered to list the adoptive parent as the child’s parent.
Step 1: The applicant is generally a suitable person to adopt a child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
3 LISTING IN RACAP: Prospective adoptive parent listed in RACAP 1 APPLICATION FOR ASSESSMENT: Applicant makes written application requesting assessment for suitability as a prospective adoptive parent 2 ASSESSMENT AND DECISION: Social worker assesses applicant through home study and other investigation, and makes decison on application 4 APPLICATION TO ADOPT: Prospective adoptive parent applies to adopt a child, after being matched with a specific child by a social worker Step 2: Adoption of a specific child by a specific adoptive parent is in the child’s best interests. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
5 NOTICE: Children’s court sends notice to persons required to consent 8 ADOPTION ORDER: If adoption is in child’s best interests, court makes an adoption order (may be preceded by a provisional adoption order until the end of the cooling-off period for withdrawal of consent) OPTIONAL 7 Adoption plans (optional) The birth parent and the adoptive parent may decide to make an adoption plan governing things like contact and information-sharing. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
(This option is available only in respect of “disclosed” adoptions.)
6 CONSENT: Persons whose consent is required give consent (unless court dispenses with consent or overrules unreasonable lack of consent) Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption I 9 3.2 Who can adopt a child?
A foster parent, kinship care-giver or primary caretaker of a child who is eligible for adoption may adopt that child if he or she meets all the requirements for an adoptive parent. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Marital status: The following people can adopt a child – I spouses in a marriage acting jointly I a step-parent (a person married to one of the child’s parents) I a widow, widower, divorced or single person.
Age: An adoptive parent must normally be at least 25 years old.
Where the adoptive parents are a married couple, at least one of them must be 25 years old or older.
Younger persons can adopt if they can show a good reason to make an exception to the usual rule.
There is no maximum age for adopting. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
There is no maximum age for adopting.
Habitual residence in Namibia: The adop tive parent or parents must be habitually resident in Namibia to apply for a domestic adoption.
If the prospective adoptive parent is not a Namibian citizen, he or she may only adopt if his or her country of citizenship would recognise the adoption and allow the child to enter and remain permanently in that country.
Fitness: The adoptive parent must be assessed by a social worker designated to facilitate adoptions. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The adoptive parent must be – I fit to undertake parental responsibilities and rights I willing and able to undertake parental responsibilities and rights I living in circumstances that are suitable for the adoption of a child.
A person may not be disqualified from adop ting a child on the basis of financial status, but a prospective adoptive parent must be able to provide for the adoptive child’s basic needs.
Past convictions for certain crimes will dis qualify a person from adopting. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
The adop tive parent must provide a police clearance certificate to show that he or she has not been convicted of any of these crimes. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Relevant crimes murder rape indecent assault incest kidnapping any statutory sexual offence any offence relating to the manufacture, distribution or possession of pornography any offence relating to human trafficking abduction, excluding the wrongful remo val or retention of a child by a parent with parental responsibilities assult with intent to cause grievous bodily harm Child Care and Protection Act, section 238(8) A person who is not habitually resident in Namibia, regardless of citizenship, must follow the procedures for inter- country adoption discussed in section 4 of this chapter of the Guide. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
10 I Guide to Namibia’s Child Care and Protection Act 3 of 2015 I Chapter 17: Adoption A person is eligible to adopt a child ONLY IF the person has been approved as a prospective adoptive parent and listed in the Register of Adoptable Children and Prospective Adoptive Parents (RACAP).
Child Care and Protection Act, sections 170, 171(1)-(3) Child Care and Protection Regulations, regulation 82 Frequently-asked questions Can spouses in a customary marriage adopt a child jointly?
Yes. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Yes.
Spouses in a “marriage” can adopt jointly, and marriage is defined to include “a marriage in terms of any law of Namibia”, including a marriage recognised in terms of any tradition, custom or religion of Namibia.
This covers both civil and customary marriages.
Can same-sex partners adopt a child jointly?
No.
Only “spouses in a marriage” can adopt a child jointly. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
If same-sex partners were legally married in another country, it depends on whether the marriage “is recognised as a marriage under the laws of Namibia” — an issue which was set to be considered by the Namibian courts as of 2019.
One same-sex partner could adopt a child as a single parent, but this would of course leave the other partner vulnerable in respect of the child if the relationship should break down. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
However, that partner might be able to use the provisions on custody and access in some circumstances Can opposite-sex couples who are cohabiting without being married adopt a child jointly?
No.
Joint adoption is possible only for married spouses.
But one cohabiting partner might be able to adopt a child as a single parent.
As in the case of same-sex partners, this would leave the other partner vulnerable in respect of the child.
Is domestic adoption limited to Namibian citizens?
No. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
No.
A domestic adoption can take place in respect of any the adoptive parent who is habitually resident in Namibia.
Anyone who is NOT habitually resident in Namibia — including even a Namibian citizen — is not eligible for a domestic adoption in Namibia.
Child Care and Protection Act, sections 1 (definition of “marriage”), 170(1)(a) and (g) Step-parent adoption The Act provides for adoption by a step-parent (adoption by “the spouse of a parent of the child”). | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
There is no provision for joint adoption by the step-parent together with this biological parent, because the biological parent has no need to adopt.
The Act provides that the effect of an adoption order is to terminate all parental responsibilities and rights any person had in respect of the child immediately before the adoption, “except when provided otherwise in the adoption order”. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
In the case of a step-parent adoption, the court would probably specify that the rights of the biological parent who is the step-parent’s spouse are not terminated by the adoption order.
Then the biological parent and the step-parent who are married would share parental rights and responsibilities over the child. | https://docs-lawep.s3.us-east-2.amazonaws.com/thematic2f/pw_2/1722000949589.pdf | https://www.lac.org.na/projects/grap/Pdf/17-Adoption.pdf | Namibia |
Subsets and Splits