Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Namibia (RATIFICATION: 1995)

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Article 5 of the Convention. Effective tripartite consultations. TheGovernment indicates that, during the reporting period, written consultations took place with the most representative employers’ and workers’ organizations. The Committee nevertheless notes that the Government does not provide information on the content or outcome of these consultations to enable the Committee to assess whether the consultations held indeed examined all of the matters relating to international labour standards as required under Article 5(1) of the Convention. Nor does the Government indicate whether and in what manner it has been determined that the tripartite partners are in agreement that written consultations are adequate for purposes of giving effect to the provisions of the Convention. In this respect, the Committee once again recalls that Paragraph 2(3)(d) of Recommendation No. 152 indicates that consultations may be undertaken through written communications “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient”. The Committee notes the Government’s undertaking to ensure that tripartite discussions are held on issues related to international labour standards. In addition, noting the Government’s request for technical assistance in giving effect to Article 5(1) of the Convention, the Committee expresses the hope that the Office will provide the requested assistance as soon as practicable. The Committee requests the Government to provide specific, detailed and updated information on the frequency, content and outcome of the tripartite consultations held within the Labour Advisory Council on all of the matters related to international labour standards set out in Article 5(1)(a) through (e) of the Convention. It also requests the Government to indicate whether and in what manner it has been agreed among those involved in the consultative procedures that written communications are appropriate and sufficient for purposes of giving effect to the provisions of the Convention.

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Article 5 of the Convention. Effective tripartite consultations. In response to the Committee’s previous comments, the Government indicates that it prepared the response to the questionnaire sent to member States in May 2017 and that representatives of trade unions and employers’ organizations were consulted in this regard. Concerning the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)), the Government indicates that its report on the Social Protection Floors Recommendation, 2012 (No. 202), was sent to the most representative trade unions and employers’ organizations and subsequently to the ILO. The Government adds that Namibia responded to the abrogation of Conventions Nos 21, 50, 64, 65, 86, and 104, and that it sent its report to the most representative trade unions and employers’ organizations. In its 2000 General Survey, Tripartite Consultations, paragraph 71, the Committee noted that pursuant to paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), “consultations though written communications should be undertaken only ‘when those involved in the consultative procedures agreed that such communications are appropriate and sufficient’”. The Committee requests the Government to provide updated information on the activities of the Labour Advisory Council and to indicate the manner and frequency of tripartite consultations relevant to the Convention. It also requests the Government to continue to provide updated detailed information concerning the content and outcome of tripartite discussions held on the matters related to international labour standards within the scope of Article 5(1) of the Convention, particularly relating to the questionnaires on the Conference agenda items (Article 5(1)(a)); the submission of instruments adopted by the Conference (Article 5(1)(b)); the re-examination at appropriate intervals of unratified Conventions and Recommendations to which effect has not yet been given (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and the possible denunciation of ratified Conventions (Article 5(1)(e)).

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Article 5 of the Convention. Effective tripartite consultations. The Government indicates in its report that, in 2013 and 2014, the questionnaires concerning items on the agenda of the International Labour Conference and the reports on ratified and unratified Conventions were brought before the Labour Advisory Council. Members of the Council opted to discuss the reports with their constituencies and send any observations they may have directly to the ILO. The Government adds that consultations and research continue to be carried out on the possibility of ratifying Conventions. The latest research being carried out in this regard is the gap analysis on the Work in Fishing Convention, 2007 (No. 188). The Committee notes from the report that, once the analysis is completed, the findings will be brought before the Labour Advisory Council in order for Council members to make recommendations on whether or not to ratify the Convention. The Committee requests the Government to continue to provide detailed information on the content and outcome of the tripartite consultations held on each of the matters concerning international labour standards listed in Article 5(1) of the Convention.

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Tripartite consultations required by the Convention. The Committee notes the Government’s report received in November 2012 in reply to its 2011 direct request. The Government indicates that, at a Labour Advisory Council meeting held on 12 July 2012, recommendations were made to ratify the Labour Inspection Convention, 1947 (No. 81), and the Occupational Safety and Health Convention, 1981 (No. 155). It also indicates that the ratification of the Employment Policy Convention, 1964 (No. 122), should not be considered at this stage. Ratification could be considered when the national employment policy has been updated and the Employment Service Act, 2011, is fully operational. The Government further reports that the Labour Advisory Council has yet to pronounce itself on the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Committee invites the Government to provide information on the content and outcome of the tripartite consultations held by the Labour Advisory Council on each of the other matters related to international labour standards listed in Article 5(1) of the Convention (replies to questionnaires, submissions to the competent authorities, re examination of unratified Conventions and Recommendations, reports to be made to the ILO). The Committee also invites the Government to provide detailed information on the follow-up concerning the ratification of unratified Conventions (Article 5(1)(c)).

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Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2011 in reply to its 2010 direct request. It notes with interest that, following tripartite consultations within the Labour Advisory Council, the ratification of the Equal Remuneration Convention, 1951 (No. 100) was registered in April 2010. The Committee also notes that the South African Development Community (SADC) Ministers responsible for Labour and Employment and the social partners identified the four governance Conventions (the Labour Inspection Convention, 1947 (No. 81), the Employment Policy Convention, 1964 (No. 122), the Labour Inspection (Agriculture) Convention, 1969 (No. 129) and Convention No. 144) for tripartite consultation to determine if they were a priority for ratification. The Government indicates that, in line with the Decent Work Country Programme, the Labour Advisory Council identified the following Conventions for possible ratification: Conventions Nos 81 and 122, the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Occupational Safety and Health Convention, 1981 (No. 155), and the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187). The Government further indicates that a SADC tripartite consultative meeting was convened on 30 May 2011 in Geneva in order to discuss the points on the agenda of the Conference. The Committee invites the Government to provide information on the follow-up concerning the ratification of Conventions Nos 81, 102, 122, 155 and 187 (Article 5(1)(c)). It also requests the Government to provide information on the consultations held in the Labour Advisory Council on the other matters related to international labour standards listed in Article 5(1) of the Convention.

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Tripartite consultations required by the Convention. The Committee notes the brief reply provided by the Government in November 2010 to its 2009 direct request which indicates that, following consultations within the Labour Advisory Council, Namibia was not in a position to ratify the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and the Maternity Protection Convention, 2000 (No. 183). The Committee invites the Government to provide in its next report detailed information on the content of the consultations held in the Labour Advisory Council on the other matters related to international labour standards listed in Article 5(1) of the Convention and especially on questionnaires concerning items on the agenda of the Conference, submission of instruments adopted by the Conference to the National Assembly, and reports to be made on the application of ratified Conventions.

[The Government is asked to reply in detail to the present comments in 2011.]

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Tripartite consultations required by the Convention. The Committee notes the succinct reply provided by the Government in December 2008 to its 2006 direct request. The Government indicates that Namibia was not in a position to ratify Convention No. 187 and that the ratification of Convention No. 155 could be considered once a national policy on occupational health and safety is in place. The Committee invites the Government to provide in its next report full particulars on the content of the consultations held in the Labour Advisory Council on all the matters related to international labour standards listed in Article 5(1) of the Convention.

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Tripartite consultations required by the Convention. The Committee notes the report provided by the Government in November 2006 indicating that a new Labour Advisory Council (LAC) was inaugurated in 2006. The Committee notes with interest that, with the assistance of the ILO Subregional Office in Harare and the ILO Project for “Improving Labour Systems in Southern Africa” (ILSSA), the new members of the LAC received an induction course in May 2006, focused on the new Labour Act, 2004, ILO Conventions in general and Convention No. 144 in particular. The Committee notes that the LAC further considered Convention No. 183 for possible ratification, but ultimately advised the Minister of Labour and Social Welfare that is not feasible for Namibia to ratify the Convention at this stage. The Committee welcomes the tripartite consultations held by the LAC and would appreciate receiving more detailed information in the Government’s next report on the content of the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention.

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Tripartite consultations required by the Convention. In a brief report received in November 2004, the Government states that there is no change to report as regards the application of the Convention either in law or in practice. The Committee asks the Government to provide detailed information on the consultations held in particular within the Labour Advisory Council, on all the matters set out in Article 5, paragraph 1, of the Convention during the period covered by its next report.

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The Committee notes the information contained in the Government's response to its previous direct request. It notes that the Labour Advisory Council regularly re-examines unratified Conventions in order to promote their implementation or ratification. In this regard, it expresses satisfaction at the Government's intention to ratify five ILO core Conventions. Furthermore, it has noted the information concerning the training of individuals participating in advisory procedures.

The Government is requested to continue to provide information on the measures taken to give effect to the provisions of the Convention, in particular to inform the Committee of the consultations undertaken within the Labour Advisory Council on each of the matters provided for in Article 5, paragraph 1, of the Convention.

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The Committee has noted with interest the Government's first report, along with the first two annual reports of the Labour Advisory Council. During the period covered by the report, the Council has met several times to examine matters relating to Article 5, paragraph 1(b) and (c), of the Convention. The Committee hopes that in the future its meetings will be able to examine the matters covered by subparagraphs (a) and (d) of this Article and that, in its next report, the Government will supply detailed information on the consultations carried out on each of the subparagraphs in question.

With regard to Article 4, paragraph 2, the Committee hopes that the Government will supply information on any measures taken or contemplated for the financing of any necessary training for the members of the Council.