Civil society organisations and political parties say ignorance of the law and cultural context cannot defend what amounts to sexual abuse and exploitation of vulnerable and minority groups.

This comes after a British tourist (65) was arrested on Sunday for taking nude photos of San children at Tsumkwe West. The man reportedly instructed the children to remove their clothes before photographing them. Police reportedly found pictures of the nude children on the man's camera after confiscating it.

Ombudsman Basilius Dyakugha has drawn criticism by saying the British tourist might not have been aware of the children's state of dress due to the cultural context of their attire, adding that the clothing of children from communities like the San and Ovahimba may appear nude or semi-nude by Western standards.

Executive Director of the NMT Media Foundation Zoé Titus says such actions, which "reduce indigenous people, especially children, to mere spectacles for voyeuristic consumption" are unacceptable regardless of attire.

"Children, regardless of cultural context, are protected under both Namibian law and international conventions to which Namibia is a signatory," says Titus.

Titus said the alleged incident reflects not only a grave violation of childrens' rights, but also exposes enduring layers of structural inequality and cultural objectification indigenous communities continue to endure. Ignorance of the law or of cultural context, she said, is not a defence for the "sexualisation and abuse of children".

Landless People's Movement (LPM) human rights officer Joyce Muzengua says this is a classic case of paedophilia reflecting the larger issues of sexual exploitation of vulnerable and minority groups.

Muzengua says the LPM has conducted case studies exposing sexual exploitation of minors in the Omaheke region motivated by socio-economic challenges.

"It is a tough decision these girls are making and most of the time the cost ends up being their bodies," she says, adding that the Child Care and Protection Act should include explicit protections for the San and Ovahimba people.

Muzengua says while the LPM is happy that the suspect was denied bail, the party hopes he will be extradited and tried in British courts to face stricter punishment.

INSULT TO CULTURE

Justina Uses (24) says the incident is an insult to the San community, their culture and traditions, adding that culture does not give anyone the right to exploit children.

"We may be a minority group in this country and be termed 'vulnerable' but we are a people who know our heritage and that we have rights as well that can not be trampled over," says Uses.

She says the ombudsman's comments were distatesful. "Why is the ombudsman speaking as if he is defending the tourist?" Uses asks.

Speaking to Desert FM on Wednesday Dyakugha said his statement was incorrect as he did not have the facts around the incident when he gave his comment on the matter.

"If the tourist took pictures in the San attire and they were not ordered to undress themselves then obviously the authorities would have been wrong in arresting the tourist. But that's not what happened," he said.

"The authority (police) is correct to take action on those people who took photographs. Because in criminal law in most countries you don't take nude pictures of anybody as that is indecent assault which is a serious criminal offence," he said, adding that tour guides or operators should clearly instruct visitors about how to engage with local cultures and practices.

Dyakugha said his office has not received any complaints of sexual exploitation and abuse from the San and Ovahimba communities, and that the police are better positioned to address such cases.

"Our office cannot really help much in that regard ... if you take pictures while a person has refused, it should be something the police can handle, because you can sue such a person," he said.