Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Namibia (Ratification: 2001)

Sexual harassment. The Committee notes the Government’s indication that the Office of the Labour Commissioner arbitrated a case of sexual harassment and compensation had been awarded. The case involved the exchange of pornographic pictures through e-mail, a general occurrence in the workplace, which the Committee notes relates to hostile environment sexual harassment, as set out in its 2002 general observation. The Committee further notes the various measures taken by the Government to raise awareness on the Labour Act of 2007, such as distributing information at trade fairs and shows, and providing information on labour rights through the national radio in the languages of different ethnic groups. The Committee asks the Government to continue to provide information on relevant judicial or administrative decisions defining and interpreting section 5(7)(b) of the Labour Act 2007, and on practical measures taken in order to better prevent and prohibit sexual harassment at the workplace, with regard to both types of sexual harassment (quid pro quo and hostile work environment). Please give details of the content of the awareness raising activities undertaken, with regard to sexual harassment, and the impact thereof.

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of members of the Himba and San communities in respect of access to particular occupations. The Committee notes the Government’s indication that after the approval by Cabinet of the San Development Programme (SDP), adopted for 2009–11, visits were conducted throughout the San and Himba communities, revealing that living conditions were undesirable and that they lacked basic social and economic infrastructure to participate meaningfully in national development programmes and processes. The Committee welcomes the various programmes that have been launched under the SDP, including the Education for San Learners, the Literacy Pilot Project, the Resettlement Programme for San Communities, the Employment Opportunities and the Bee-keeping and Honey-production Training Programme. The Government indicates in its national report submitted to the United Nations Human Rights Council, and examined under the Universal Periodic Review in 2011, that under the Employment Opportunities component of the Programme, directives have been given to all ministries and regional governments to apply affirmative action in the employment of San people (A/HRC/WG.6/10/NAM/1, 10 November 2010, paragraph 11). Among the recommendations that enjoyed the support of the Government following this report’s discussions in the Human Rights Council was the formulation of a white paper on indigenous peoples (A/HRC/17/14, paragraph 96). Noting that in 2008 the Government endorsed the United Nations Declaration on the Rights of Indigenous Peoples, the Committee hopes that the Government will consider ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), which provides for important elements for overcoming discrimination against indigenous peoples and ensuring their equality of opportunity and treatment. The important role of Convention No. 169 in achieving the objective of the Convention has been noted in the ILO Decent Work Country Programme (DWCP) for Namibia, adopted for 2010–14 (page 33). With respect to the Himba communities, the Committee notes that they are also covered by the Ovatue and Ovatkimba Communities Project under which measures were taken between 2007 and 2008, such as the resettlement of 300 persons, and the construction of houses, schools and clinics. The Committee asks the Government to provide information on the progress made in the formulation of a white paper on indigenous peoples. The Committee also asks the Government to continue providing information on measures taken under the San Development Programme to promote equality of opportunity and treatment of members of the San community and the results achieved, including with respect to the ILO-supported technical cooperation project implemented with the Office of the Deputy Prime Minister. The Committee also requests updated information on any studies conducted to further assess and address the situation of the members of the San and Himba communities in employment and occupation and the discrimination faced by them in this context, including with respect to their access to traditional lands and the promotion of their traditional occupations. The Committee asks the Government to provide information on any prospects regarding the ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169).

Article 2. National policy to promote gender equality in employment and occupation. The Committee welcomes the adoption of the Employment Service Act (Act No. 8 of 2011), and particularly notes that a non-discrimination provision has been included prohibiting discrimination by private employment agencies in the advertisement of positions for employment placement or in the recruitment of referral of persons for prospective employment with employers (section 26). The Committee also notes that under the DWCP, the Government will update the National Employment Policy, developed in 1997, with the assistance of the ILO. The Committee also notes that the National Gender Policy of 1997, aiming to set out principles for the implementation, coordination and monitoring of gender issues, has been reviewed for 2009–18. The Government indicates that the Ministry of Gender Equality and Child Welfare, with the support of the United Nations Development Programme has embarked on a gender responsive budgeting exercise in implementing national policies. The Committee welcomes the measures taken to raise awareness on gender issues under the National Gender Mainstreaming Programme, including gender sensitization workshops conducted to promote equal access to resources, services and job opportunities. The Committee asks the Government to provide information on measures taken to implement and raise awareness on the new Employment Service Act of 2011, including any cases brought before the courts applying section 26. The Committee asks the Government to provide copies of the updated versions of the National Gender Policy 2009–18 and the National Employment Policy once it has been finalized. The Committee also asks the Government to continue providing information on the measures taken under the Gender Mainstreaming Programme and the impact thereof.

Article 3(b). Educational programmes. The Committee notes the Government’s indication that the Affirmative Action (Employment) Act only covers the designated groups (racially disadvantaged people, women and persons with disabilities) and does not cover discrimination based on the grounds of national extraction and social origin. The Committee notes that the Employment Equity Commission continues to offer training for employers who request it on plans, goals and policies related to the Affirmative Action (Employment) Act. The Committee asks the Government to continue providing information on any measures taken to raise awareness and promote the principle of equality of opportunity and treatment with a view to combating discrimination, including on the grounds of national extraction and social origin.

Enforcement. The Government indicates that during the reporting period, the Office of the Ombudsman dealt with a variety of cases concerning discrimination based on race in remuneration, and that the Namibian police registered complaints regarding discrimination based on ethnic origin in promotion. The Committee asks the Government to provide more detailed information on any cases brought before the courts and other competent bodies relevant to non-discrimination provisions.