Criminalising technology-facilitated child sexual exploitation and abuse: to what extent does Namibia comply with international law?

Angula, Markus Penda Mulandula

Criminalising technology-facilitated child sexual exploitation and abuse: to what extent does Namibia comply with international law?

Thesis / Dissertation

2026

Publisher

University of Cape Town

Department

Department of Public Law

Faculty

Faculty of Law

Abstract

With the growth and accessibility of fast-paced internet connections and mobile devices, children are increasingly living their lives online. In Namibia, 81 per cent of children aged twelve to seventeen are internet users. While technology has been a game changer for children, it has also facilitated Online Child Sexual Exploitation and Abuse (OCSEA) through digital platforms such as chat rooms, online gaming, online forums and social media. Despite Namibia's obligations under international conventions such as the Convention on the Rights of the Child (CRC), its Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography (OPSC) and the African Charter on the Rights and Welfare of the Child (ACRWC), progress in fully domesticating and criminalising all forms of OCSEA remains slow. This research explores the extent to which Namibia's national laws on OCSEA comply with international obligations. It examines binding international conventions to establish the OCSEA conduct required for criminalisation under international law and tests national laws on OCSEA against international law requirements. This research shows that the Child Care and Protection Act of 2015 does not comprehensively address all forms of OCSEA despite it being the primary legislation domesticating the CRC, OPSC and ACRWC. Other national laws reviewed either lack the specificity of OCSEA or are not aligned with international law requirements. Key gaps in the legal framework include the failure to criminalise all forms of OCSEA, the absence of clear definitions of the different forms of OCSEA, and inadequate criminal penalties for violations that are proportionate to the gravity and magnitude of OCSEA. This research identifies the draft Cybercrime Bill and draft Sexual Exploitation Bill as opportunities to address these gaps. It recommends strengthening and consolidating the OCSEA-related provisions in both Bills into a single law with stronger and consistent legal provisions aligned with international law. It argues that the consolidated provisions should be placed in the Cybercrime Bill, which has better prospects of being enacted, as it is referenced in national plans. It recommends accelerating the enactment of the revised Cybercrime Bill.

Keywords

law

Reference:

Collections

Masters

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