CAT/C/NAM/CO/2
Harmful traditional practices
32.
While taking note of the information provided by the delegation on steps taken to
ensure that traditional practices respect human dignity, the Committee remains concerned at
the prevalence of traditional practices that are harmful to women and girls. It is particularly
concerned about the ritual of Olufuko, which involves child marriage and sexual initiation
rites, and about the lack of investigation into such cases and the lack of prosecutions and
criminal punishment of perpetrators.
33.
The State party should continue to conduct intensive awareness-raising
campaigns in communities and among all Namibians to inform them about the effects
of harmful traditional practices. The State party should strengthen its efforts to
eliminate harmful traditional practices by criminalizing and investigating them and
prosecuting alleged perpetrators, including traditional leaders who are involved in
and promote such practices.
Forced sterilization of people with HIV
34.
The Committee takes note of the directive issued by the Ministry of Health and
Social Services on the provision of family planning methods and sterilization, in the wake
of the Supreme Court decision in the case of Government of Namibia v. LM and others,
which declared the forced sterilization of people with HIV to be unconstitutional. However,
the Committee remains concerned at the lack of information on specific legislative and
administrative measures taken by the State party to bring practice in line with the
Constitution and to prevent and criminalize the forced sterilization of people with HIV.
35.
The Committee recommends that the State party adopt legislative and policy
measures to prevent and criminalize the forced sterilization of people with HIV,
particularly by clearly defining the requirement of free, prior and informed consent
with regard to sterilization and by raising awareness among medical personnel of that
requirement.
Corporal punishment of children
36.
While welcoming the adoption of the Child Care and Protection Act, No. 3 of 2015,
which complements the Education Act, No. 16 of 2001, and penalizes corporal punishment
in the home, in the criminal system and in alternative care settings, the Committee remains
concerned at the lack of information regarding its enforcement and implementation.
37.
The State party should ensure that all laws prohibiting corporal punishment
are effectively implemented, all allegations of corporal punishment investigated and
perpetrators prosecuted and punished. The State party should also conduct
awareness-raising campaigns about the harmful effects of corporal punishment on
children and inform the public that such acts are prohibited.
Violence against persons selling sexual services
38.
The Committee is concerned at allegations and reports of abuse and ill-treatment of
persons selling sexual services by certain rogue elements of the Namibian police and by
some medical personnel. The Committee is also concerned at reports that murders of
persons selling sexual services have not been investigated and the perpetrators not
prosecuted or punished.
39.
The State party should take all effective legislative, administrative, judicial and
other measures to prevent persons selling sexual services from being subjected to
torture and ill-treatment, investigate reports of such acts and prosecute and punish
the perpetrators. The State party should also, as a matter of urgency, investigate any
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