Addressing Underage Drinking in Namibia: Child Care and Protection Act Amendments
Child Care and Protection Act 3 of 2015
Chapter 24
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
Requires alcohol
seller to request
ID
Strengthens
offences and
penalties for
fake IDs
Prohibits
manufacturing
of homemade
alcohol by
children
Prohibits
under-18s from
being present in
certain drinking
venues
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
focuses
on 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:
linking alcohol brands to sports
and cultural activities
sponsorships
product placements.
Namibian law does not
regulate alcohol marketing.
In 2017, a WHO study reported that
Namibia
ranks
5
th
highest in Africa
for
per capita alcohol consumption.
— “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 for
anyone to make
a false ID
Illegal to provide
an ID that can
be used to get
around the rules
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
programme
AND
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:
Penalty
=
fine
of up to
N$20 000
and/or
prison
for up to
5 years
and/or
education programme
Coerce
any child
under
18
to drink alcohol
Allow or encourage
any child
under
16
to drink alcohol
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
expand
the rule protecting “females” from being
made drunk or drugged for the purposes of sex
Protection still applies to
females but also to
all
children
,
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
***
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.
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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 ***
