Addressing Underage Drinking in Namibia: Child Care and Protection Act Amendments
The Child Care and Protection Act in Namibia has been amended to address the significant issue of underage drinking. The amendments include strengthening penalties for fake IDs, requiring ID checks by alcohol sellers, prohibiting under-18s from certain venues, banning homemade alcohol by children, and authorizing police to confiscate alcohol from minors. The international framework, although not directly addressing alcohol, highlights the importance of alcohol regulation for children's health and well-being. Concerns about alcohol marketing to youth are also raised. The rules on underage drinking have been expanded and reinforced to address this concerning issue.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
Child Care and Protection Act 3 of 2015 Chapter 24 CHILDREN AND ALCOHOL Ministry of Gender Equality and Child Welfare Legal Assistance Centre
Underage drinking Underage drinking is a significant problem in Namibia. To address this issue, the Child Care and Protection Act amends the Liquor Act 6 of 1998 to make it clearer and to cover some neglected issues.
Overview of amendments Strengthens offences and penalties for fake IDs Requires alcohol seller to request ID Prohibits under-18s from being present in certain drinking venues Prohibits manufacturing of homemade alcohol by children Authorises police to confiscate alcohol from under-18s
International framework Convention on the Rights of the Child does not apply to alcohol directly, but alcohol use is relevant to child s right to health. WHO Global strategy to reduce the harmful use of alcohol focuseson reducing availability of alcohol to vulnerable and high-risk groups. African Youth Charter, which focuses on the rights of persons between the ages of 15 and 35, suggests banning ads, increasing prices of alcohol and instituting programmes aimed at prevention & cure.
Marketing of alcohol A key concern cited by WHO is the marketing of alcohol to young people and adolescents. Alcohol marketing uses increasingly sophisticated advertising and promotion techniques, including: Namibian law does not regulate alcohol marketing. linking alcohol brands to sports and cultural activities In 2017, a WHO study reported that Namibia ranks 5th highest in Africa for per capita alcohol consumption. sponsorships product placements. Evaluating compliance with alcohol industry self-regulation in seven countries in Africa , Monitoring Alcohol Marketing Practices in Africa (MAMPA) Project, 2017
Rules on underage drinking The Child Care and Protection Act amends the Liquor Act to expand and strengthen the provisions aimed at underage drinking. This presentation does not discuss the Liquor Act as a whole, but only the amended rules aimed at preventing the use of alcohol by persons under age 18.
Terminology Liquor = any liquor, wine or beer (excluding methylated spirit) which is at least 3% alcohol tombo or any other drink which is at least 3% alcohol any other drink or concoction declared to be liquor by the Minister responsible for trade and industry Light liquor = any liquor that is no more than 16% alcohol. Refreshments = non-alcoholic drinks or snack foods Licensee = a person holding a liquor licence under the Liquor Act
Minimum drinking age Minimum age for drinking or possessing liquor: It is illegal for a person under age 18 to consume, produce, possess or import liquor, or to supply liquor to any other person.
Legal rules Note that the law does not penalise children for buying alcohol, but only for consuming or possessing it. The duty not to sell alcohol to minors falls on the seller. But once a minor has purchased alcohol, the minor would illegally be in possession of it.
Police confiscations A member of Nampol or municipal police can confiscate liquor from someone who is underage without a warrant. This applies to liquor in an opened or unopened container. Usual rules for seizure and forfeiture in criminal cases apply.
Sale and supply Liquor Act: It is illegal for any person to sell or supply alcohol to a person under age 18. Overlapping rule in CCPA: It is also illegal to sell, serve or make available any alcohol product (regardless of alcohol content) to children under age 18 years at places of entertainment where a majority of the persons in attendance are children AND the total number of people present (counting adults and children) is more than 50.
Duty to verify age It is the duty of the person who sells or supplies liquor to determine the age of the customer. It is illegal to allow persons under age 18 to be present in a licensed or unlicensed shebeen, a night club or a dance hall unless they are with their parent, guardian or care-giver.
Duty not to endanger a child It is illegal for any person to sell or provide liquor to a parent, guardian or care-giver accompanied by a child if that adult appears to be intoxicated OR in any other circumstances where there is concern about the health, safety or well-being of the child.
Misrepresentation of an ID Illegal for a minor to falsely misrepresent him or herself Illegal to provide an ID that can be used to get around the rules Illegal for anyone to make a false ID
Penalties for violating rules on underage drinking Penalty for adult = fine of up to N$5000 and/or prison for up to 1 year and/or education programmeAND repeated offence could lead to disqualification to hold liquor licence Penalty for child = fine of up to N$300 and/or education programme
Coercing, allowing or encouraging underage drinking It is illegal for any person, including a parent, to: Coerce Allow or encourage any child under 16 to drink alcohol any child under 18 to drink alcohol Penalty=fine of up to N$20 000 and/or prison for up to 5 years and/or education programme Exception: genuine religious sacraments, such as communion wine
Why the age difference? Intended to address situations such as where parents take young children to shebeens and give them alcohol to keep them quiet. Idea was to permit parents to introduce children to responsible drinking in secure environments as they approach age 18, such as by allowing them to taste wine or beer at a family lunch or a wedding. Secrecy is not helpful; better to encourage communication between parent and child about the child s alcohol use so that parent can provide guidance without fear of criminal sanction. It remains illegal for anyone to supply alcohol to a child under age 18 which would make the exception almost impossible to utilise in most practical situations.
Using alcohol for sex Combating of Immoral Practices Act 21 of 1980 amended by Child Care and Protection Act to expandthe rule protecting females from being made drunk or drugged for the purposes of sex Protection still applies to females but also to allchildren, male and female Penalty = 10 years (doubled by amendment)
Other rules Licensed establishments must display a notice saying that it is prohibited by law to sell liquor to any person under age 18. It is illegal for any person, regardless of age, to drink liquor in a public place. It is also illegal for anyone to be intoxicated at any licensed premises or in a public place.
Other protections Prevention and early intervention services can help families get help for alcohol addiction by any family member, including a child. These programmes can also educate communities about the dangers of alcohol abuse. A child with a substance abuse problem and no support to get help is a child in need of protective services who can get State intervention. Alcohol use by children in registered facilities must be reported to facility management.
Currently the age at which alcohol can be obtained in Namibia is 18. However, in society, minors have access to alcohol as early as the ages of four and five. Having shebeens and bars in our neighbourhoods is looked upon as being normal. Parents and the community at large turn a blind eye. However, we often don t know the long-term effects that alcohol has on our bodies. Most of us minors know that if you drink in excess you will get drunk, tipsy and have a terrible hangover the next day. But, alcohol is actually a depressant, can be addictive and can have long-term health effects. I suggest that our government have an annual Alcohol Awareness Campaign to educate 18-year-olds about what drinking alcohol can mean. comment from Windhoek learner during consultations around draft Child Care and Protection Bill ***
