Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Namibia (Ratification: 1995)

The Committee notes the information contained in the Government’s report.

Article 1 of the Convention. In its previous comments, the Committee had referred to the need for workers in export processing zones to be fully protected from dismissal and other prejudice in employment for engaging in legitimate trade union activities. The Committee notes the Government’s statement that section 8 of the Export Processing Zones Amendment Act, 1996, which prohibited industrial actions in export processing zones, was not re-enacted by Parliament and subsequently this provision lapsed. The Committee observes that industrial actions are therefore no longer prohibited in export processing zones and that workers in these zones are consequently entitled to the protection against dismissal and discipline provided under the Labour Act, 1992. The Committee takes due note of this information.

Articles 2(2) and 3. In its previous direct requests, the Committee had noted the absence of provisions under the Labour Act, 1992, protecting workers’ and employers’ organizations directly against acts of interference by each other in their establishment, functioning or administration, and requested the Government to adopt specific measures in this regard. The Committee had further noted the Government’s statement that the draft Labour Amendment Bill had been submitted to the tripartite Labour Advisory Council which was formulating recommendations to be submitted to the Minister of Labour, and that if the draft Bill was approved, the Committee’s concern regarding interference would be addressed. In its report, the Government indicates that the draft Labour Amendment Bill has now been approved by the cabinet committee on legislation and will be tabled before full cabinet for approval. The Committee requests the Government to keep it informed of progress made in adopting the draft Labour Amendment Bill.

Article 4. In its previous comments, the Committee had requested the Government to review and amend the Labour Act so that if no union or group of unions covered more than 50 per cent of the workers, collective bargaining rights were granted to the unions in this unit, at least on behalf of their own members. In its report, the Government indicates that the Committee’s concerns in respect of this issue would be addressed by the new Labour Amendment Bill. The Committee requests the Government to transmit a copy of the draft Labour Amendment Bill as soon as it has been adopted.