Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Namibia (Ratification: 2000)

The Committee notes the Government’s reports. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. With reference to its previous comments, the Committee notes that Namibia adopted the Labour Act No. 15 of 2004 (Labour Act of 2004) which repeals the Labour Act of 1992. It notes the Government’s information that, by virtue of section 3(2) of the Labour Act of 2004, a person must not employ a child under the age of 14 years. It also notes that, by virtue of section 2(1) and (2) of the Labour Act of 2004, this Act applies to all “employers” and “employees” (save the exceptions specified in section 2(2)–(5)). It notes that, according to section 1(1) of this Act, “employee” means: “an individual other than an independent contractor, who: (a) works for another person and who receives, or is entitled to receive, remuneration for that work; or (b) in any manner and for remuneration assists in carrying on or conducting the business of an employer”. The Committee observes that the Labour Act of 2004 does not apply to “independent contractors” and to children who are self-employed. It also observes that the Labour Act of 2004 does not apply to children who do not receive remuneration for their work. The Committee recalls that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship or remuneration. It requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to children or young persons who, independently from the existence of a contract, are self-employed, as well as to children who do not receive remuneration for their work.

2. Minimum age for admission to employment or work. In its previous comments, the Committee had noted that the national legislation does not authorize light work. The Committee notes the Government’s statement that no provision is made in the Labour Act of 2004 for light work by children from 12 and above. The Committee reminds the Government that, upon ratifying the Convention, it declared 14 years to be the minimum age for admission to employment and that, by virtue of Article 2, paragraphs 1 and 4, of the Convention, children under 14 years are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee once again observes that according to the 1999 Namibia Child Survey Activities, it appears that quite a number of children under 14 years are economically active in some way or the other. Noting that the relevant legislation does not regulate light work, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years is admitted to perform work in practice.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. Following its previous comments, the Committee notes with interest that, by virtue of sections 3(3)(c)–(d) and 3(4)(a)(b) of the Labour Act of 2004, it is prohibited to employ children under 18 years of age in various types of hazardous work including: (i) work underground or in a mine; (ii) construction or demolition work; (iii) manufacture of goods; (iv) work related with the generation, transformation or distribution of energy; (v) work related with installing or dismantling machinery; (vi) any work-related activities which may place the child’s health, safety or physical, mental or spiritual, moral, social development at risk; (vii) night work.

Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. With reference to its previous comments, the Committee notes that the Labour Act of 2004 states that children under 18 years are prohibited from performing the types of hazardous work listed in section 3(3)(c)–(d). It also notes that, by virtue of section 3(5)(b), the Minister may make regulations to permit the employment of children between 14 and 18 in the types of hazardous work listed in section 3(3)(d). The Committee once again recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may authorize, after consultation with the organizations of employers and workers concerned, young persons older than 16 years of age to undertake hazardous work on condition that their health, safety or morals are fully protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary steps to bring its legislation into conformity with the Convention so as to ensure that only young persons from the age of 16 years may perform certain types of hazardous work. It also requests the Government to indicate the measures taken or envisaged to ensure that the health, safety and morals of young persons aged 16 to 18 years engaged in these types of work are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Finally, the Committee requests the Government to indicate whether the Minister has issued regulations pursuant to section 5(b) of the Labour Act of 2004.

Article 6. Apprenticeship. In its previous comments, the Committee had noted that, under section 13 of the National Vocational Training Act No. 18 of 1994, the Vocational Training Board may establish vocational standards for vocational training and apprenticeships in any designated trade. According to section 14(3)(i), those schemes will determine the qualifications including the minimum age and education standard required for the trade. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether there are provisions setting the minimum age for entry into apprenticeship at 14 years and to indicate the measures adopted by the Board to determine the duration of apprenticeship, the types of trade in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed.

Article 8. Artistic performances. The Committee had previously requested the Government to state whether children under the age of 14 years participate in artistic performances in practice and, if so, to provide information on these activities. It notes the Government’s indication that children participating in artistic performances have to comply with the provisions of the Labour Act of 2004 (prohibiting work under the age of 14) and the Education Act of 2001 (requiring children to attend school until the age of 16).

Article 9. Sanctions. With reference to its previous comments, the Committee notes the Government’s information that, by virtue of section 3(6) of the Labour Act of 2004, it is an offence for any person to employ, or require or permit, a child to work in any circumstances prohibited under section 3, including hazardous work. A person who is convicted of the offence is liable to a fine not exceeding N$4,000 (around US$600) or to imprisonment for a period not exceeding 12 months or to both such fine and imprisonment. The Committee also notes the Government’s information that the Labour Bill 2006, however, increases the fine to N$16000 and/or four years imprisonment. The Committee takes due note of this information and requests the Government to supply a copy of the Labour Bill 2006 as soon as it has been adopted.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Social Welfare conducted a child activities survey and is in the process of writing the report on the findings of such survey. It also notes the Government’s information that the ILO/IPEC programme Towards the Elimination of the Worst Forms of Child Labour focuses on: (i) increasing knowledge and information on the extent, nature and causes of the worst forms of child labour in Namibia; (ii) assessing the policy environment as a framework for establishing an action programme to eliminate child labour; (iii) formulating an action programme to eliminate child labour; and (iv) sharing of experience and best practice in researching the worst forms of child labour amongst stakeholders working in this field. The Committee notes the Government’s information that Streams 1, 2 and 3 of the TECL were carried out in 2007. Stream 1 consisted in literary review and qualitative research on the worst forms of child labour in Namibia. It also focused on children working in domestic work (such as cleaning, cooking, childminding) and agriculture (in commercial and communal area farms), and in the production of charcoal. Stream 2 of the TECL consisted of three parts: (a) literary review on exploitative child labour, in Namibia and in the region; (b) policy review and analysis of Namibia’s policies and laws regarding child labour, particularly its worst forms; (c) preparation of a discussion document identifying Namibian child labour policy’s gaps as well as proposals to be incorporated in the APEC. The discussion document also included the key findings from Stream 1 research and questions regarding possible action steps to eliminate child labour in Namibia. Finally, Stream 3 of the TECL included a series of workshops aimed at discussing the research findings and recommending action steps for eliminating child labour in Namibia. The Committee requests the Government to supply a copy of the child labour survey in the process of being conducted by the Ministry of Labour and Social Welfare, once it has been finalized. It also requests the Government to provide information on the results of the research conducted under the TECL programme regarding the employment of children and young persons in domestic work, agricultures and production of charcoal. It finally requests the Government to provide, with regard to the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, and penalties applied.