Namibia

7% of girls in Namibia marry before the age of 18 and 2% marry before the age of 15.

1% of boys in Namibia marry before the age of 18.

Girls as young as 13 years are reportedly forced into marriage in a number of ethnic groups in Namibia, including the Ovahimba, indigenous San groups and in Owambo, Kavango and Zambezi communities.

The highest prevalence of child marriage is found in Kavango (40%), Kunene (24%), Zambezi (24%), Omaheke (23%), Otjozondjupa (23%).

Child marriage is driven by gender inequality and the belief that girls and women are somehow inferior to boys and men.

There is limited information on child marriage in Namibia, but available studies show that it is also exacerbated by:

● Harmful practices: The practice of lobola (bride wealth) is still common in some regions of Namibia. In addition, during its 2016 Universal Periodic Review, concerns were raised that cultural practices in Namibia perpetuate gender inequality and the notion that girls are the property of men. Humiliation and violence against young girls is sometimes used to enforce submission and obedience in preparation for child marriage.

● Gender norms: Generally young girls in Namibia marry much older men, which further emphasises power and gender imbalances within marriage.

● Weak legal frameworks: In Namibia, child marriages or statutory rape cases are seldom reported to authorities as they are often perpetrated by family members. When cases come to light, law enforcement authorities are lenient.

● Cultural norms: The practice of tijramue, preparing girls for adulthood and marriage, is still common when girls reach puberty in the Kunene region, sikenge in Zambezi and eengoma in Ohangwena region.

Namibia has committed to ending child, early and forced marriage by 2030 in line with target 5.3 of the Sustainable Development Goals.

The government submitted a Voluntary National Review at the 2021 High Level Political Forum. In this review, the government highlighted that the prevalence of child marriage for girls in Namibia remains at 18%. The government has not submitted a Voluntary National Review in any High Level Political Forum since.

Namibia co-sponsored the following Human Rights Council resolutions on child marriage: the 2013 resolution on child, early and forced marriage, the 2015 resolution to end child, early and forced marriage, recognising that it is a violation of human rights, the 2019 resolution on the consequences of child marriage, and the 2021 resolution on child, early and forced marriage in times of crisis, including the COVID-19 pandemic. Namibia also signed a joint statement at the 2014 Human Rights Council calling for a resolution on child marriage.

Namibia co-sponsored the 2018, 2020 and 2022 UN General Assembly resolutions on child, early and forced marriage.

Namibia ratified the Convention on the Rights of the Child in 1990, which the Committee on the Rights of the Child has interpreted to recommend the establishment of a minimum age of marriage of 18, and acceded to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) in 1992, which obligates states to ensure free and full consent to marriage.

During its 2022 review, the CEDAW Committee acknowledged the government’s efforts to amend legislation to protect women’s rights, such as the amendment to the Combating of Rape Amendment Bill, the Combating of Domestic Violence Amendment Bill, the Marriage Bill, the Customary Marriage Bill and the Child Justice Bill. The Committee recognized that the government is trying to combat gender inequality; however, it raised with concern the prevalence of child marriage, gender discrimination, and harmful practices such as sexual initiations. The Committee also raised concern at the fact that there is no minimum age for marriage for customary marriages and that child marriage is only criminalized for marriages where the girls are under the age of 16 years.

During its 2021 Universal Periodic Review, the government raised that the Child Care and Protection Act prohibits all forms of child marriage and contains provisions against harmful practices that affect children including child marriage and early sexual activity.

During its 2016 Universal Periodic Review, Namibia agreed to consider recommendations to take further steps to eliminate child marriage.

In 2004 Namibia ratified the African Charter on the Rights and Welfare of the Child, including Article 21 regarding the prohibition of child marriage. In 2004 Namibia ratified the Protocol to the African Charter on Human and People’s Rights on the Rights of Women in Africa, including Article 6 which sets the minimum age for marriage as 18.

Namibia is one of 20 countries which committed to ending child marriage by the end of 2020 under the Ministerial Commitment on comprehensive sexuality education and sexual and reproductive health services for adolescents and young people in Eastern and Southern Africa.

Namibia is one of the countries where the U.S. President’s Emergency Plan for AIDS Relief (PEPFAR)/DREAMS Initiative is working to reduce rates of HIV among adolescent girls and young women.

The Government of Namibia launched the Namibia National Action Plan on Women, Peace and Security 2019-2024. The main priority areas of the plan include:

Prevention of all forms of violence against women and children.

Prevention of sexual and gender-based violence.

Protection of women and children against sexual and gender-based violence.

On the occasion of the International Women’s Day 2018, the Minister of Gender Equality and Child Welfare publicly condemned child marriage and called upon her nation to work towards ending child marriages in Namibia.

In 2017 the Ministry of Gender Equality and Child Welfare conducted a study into the extent of child marriages in Namibia with a view to inform the development of evidence-based policies, legal reform, resource mobilisation and programming.

Under the Married Persons Equality Act 1996, which amends the 1961 Marriage Act, the minimum legal age of marriage is 18 years. However, under Article 24 girls and boys under 18 years can marry with written permission of a minister or any staff member in the Public Service authorised by the minister.

It must be noted that customary marriages are not recognised under Namibian law. The Law Reform and Development Commission proposed in 2005 a Recognition of Customary Marriages Bill that requires the registration of customary marriages and sets the minimum age for customary marriage at 18 years. As of January 2020, there are no updates on the passing of this bill into law.