“We are an intergovernmental organisation dedicated to unifying the rules of private international law,” says Capucine Page, Senior Legal Officer at the Hague Conference on Private International Law, HCCH.
“Our legislative mandate means we draft new instruments – conventions – to assist states in cross-border cases involving issues such as jurisdiction, applicable law, and the recognition and enforcement of judgments.”
Page, a lawyer who joined the Permanent Bureau in 2018, works primarily in the field of family law, focusing on the 1993 Adoption Convention, and is involved in a normative project concerning parentage and surrogacy.
In addition to developing new conventions, the HCCH works with countries to assist them implementing and operating these conventions in practice.
“We’re not a tribunal, and we’re not telling states what to do,” Page emphasises. “We offer technical assistance from a collaborative perspective and help states identify ways to strengthen their practices.”
One of the HCCH’s strategic priorities is to raise awareness of the organisation and its instruments in Africa, where membership remains limited. To support this, Finland, South Africa and the HCCH hosted a regional conference in South Africa in 2023 with the participation of Namibia and Tanzania, as well other Southern African states.
South Africa is a long-standing member of the HCCH, Namibia joined in 2021, and Tanzania is not yet a member of the organisation or a party to any conventions. “The aim was for the three states to sign a joint statement encouraging others in the region to join HCCH Conventions,” Page explains.
After the conference, Namibia expressed a strong interest in deepening the cooperation – and it became a starting point for the joint project of the Rule of Law Centre and the HCCH.
Namibia is now receiving technical assistance for its accession to and implementation of three of the four HCCH Children’s Conventions – since Namibia is already party of the 1993 Adoption Convention.
Namibia had already incorporated the Children’s Conventions into its national law, which Page describes as “a very positive first step” that made launching the cooperation much easier.
The project accelerated in December that same year, when the HCCH and the Rule of Law Centre, accompanied by experts from the Finnish Ministry of Justice, carried out a fact-finding mission – in a form of a rule-of-law clinic visit – to better understand Namibia’s situation and needs, as well as identify national partners.
One of the main challenges has been to engage with senior ministry officials. “For those working on these issues day to day, the need for the conventions was always clear,” Page notes.
Another core question has been the placement of the central authority required under the conventions.
“For the 2007 Child Support Convention the choice was straightforward – the Ministry of Justice. But for the other two conventions the answer was not as obvious. And as long as this remained unclear, Namibia could not deposit its instruments of accession,” Page explains.
A second rule-of-law clinic was held in December 2024, with discussions focusing on finalising the location of the central authority and clarifying what accession would mean in practice. Namibian officials were also encouraged to lobby the issue at higher decision-making levels.
“Once the central authority is confirmed, Namibia is ready to accede to the Children’s Conventions,” Page says.
Further technical assistance will still be provided to support the designated authority in implementing the instruments. Page also sees opportunities to assist Namibia in preparing its country profiles, a key documents outlining each state’s legislation and procedures under the various Conventions.
“Here too, Finland’s support would be extremely valuable. Namibia could learn directly from another state what people actually look for in the country profiles and what information is essential.”
What benefits will the Children’s Conventions bring to Namibia?
“The main benefit is access to a global network to facilitate cooperation,” Page stresses. “In cross-border situations, identifying the right authority in another state can be very difficult. The conventions make that simple: you contact the central authority.”
The 1980 Child Abduction Convention sets out rules and procedures for returning children wrongfully removed or retained from their country of habitual residence.
“For Namibia, it establishes a clear procedure both for returning children abroad and for securing the return of children to Namibia,” Page notes.
The 1996 Child Protection Convention is broad in scope, covering jurisdiction, applicable law, and the recognition and enforcement of protective measures.
“In Namibia, the situation of unaccompanied children arriving from neighbouring countries is especially relevant. Even though some of these countries are not party to the Convention, Namibia can still take protective measures while the children are on its territory.”
The 2007 Child Support Convention ensures that child maintenance decisions issued in Namibia are recognised and enforced abroad – and vice versa.
“There are many Namibian families with ties to Europe. When parents separate, one may remain abroad while the child stays in Namibia. Receiving child support becomes much easier with the Convention, as applications are handled through the central authority rather than the courts,” Page explains.
Namibia’s accession to the conventions may also have a wider regional impact.
“When one state joins and experiences the benefits, it can share this with its neighbours,” Page says.
Local advocates familiar with both the instruments and national contexts are key to spreading awareness in Southern Africa. Demonstrating that the conventions work effectively in African countries is equally important.
“As the HCCH is based in Europe, our instruments may sometimes be viewed as Eurocentric. But the opposite is true: the conventions are global and universal,” Page stresses.
Turning to the practical implementation of the project, Page highlights the strong complementarity between HCCH and the Finnish Rule of Law Centre.
“Finland brings very concrete and comprehensive experience, while we provide the broader picture of how the instruments operate globally. For Namibia, it makes a real difference to have another member state – not only the Permanent Bureau – sharing its experience.”
She praises the rule-of-law clinic model, which has combined Ministry of Justice practitioners familiar with the day-to-day work of central authorities with legal scholars who have deep knowledge of the conventions’ content.
Page considers the approach both unique and innovative, as it brings together the best experts for each country’s needs. The cooperation may well continue.
“We’re exploring possibilities for further joint projects with the Rule of Law Centre. Each country will need a tailored approach, but the model is adaptable. What’s essential is ensuring that the state requesting assistance is genuinely committed – because the value of this work depends on their willingness to act on it.”