Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Namibia (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted the adoption of the Prevention of Organized Crime Act (No. 29 of 2004), which prohibits trafficking in persons. It requested information on the application of this Act in practice.

The Committee notes an absence of information on this point in the Government’s report. However, the Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of 16 October 2012, expressed deep concern that children are trafficked within Namibia for employment in agriculture, road construction, vending and commercial sex work, and that children from other countries are trafficked to Namibia for livestock and child-minding work (CRC/C/NAM/CO/2-3, paragraph 71). The Committee requests the Government to strengthen its efforts to combat trafficking of children, and to provide information on the specific measures taken in this regard. It also requests the Government to provide information on the application of the Prevention of Organized Crime Act (No. 29 of 2004) in practice with regard to the trafficking of persons under 18, particularly the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Article 6 and Part V of the report form. Programmes of action to eliminate the worst forms of child labour and the application of the Convention in practice. Concerning the prevalence of the worst forms of child labour, the Committee previously noted the Government’s indication that child trafficking occurs on a limited scale (both within the country and across national borders), that children have been forced to work in the agricultural and domestic service sectors, as well as in criminal activities, that children have been forced to engage in prostitution, and that children were engaged in hazardous work, making charcoal, tending livestock in isolated areas and carrying heavy loads. The Committee also noted that the ILO–IPEC project entitled “Towards the elimination of the worst forms of child labour project (TECL) Phase II: Supporting and monitoring the implementation of National Plans of Action in the three core countries in Southern Africa” (TECL II) commenced in Namibia in June 2009. The Committee further noted the Government’s indication that a new National Child Activities Survey was conducted in 2010.

The Committee notes the Government’s statement that the results of the 2010 National Child Activities Survey have not yet been made public as the analysis and report thereon is still in progress. The Committee also notes the Government’s indication that several capacity building workshops targeting different stakeholders have been carried out for law enforcement officers and labour inspectors to target workplaces and remove children in child labour. The Committee further notes the information from ILO–IPEC of April 2012 concerning the TECL II project that the Government continues to reinforce the elimination of worst forms of child labour as a priority. In addition, the Committee notes the statement in the “In-depth study on child labour in the Agricultural sector in Namibia (Oshikoto, Ohangwena, Caprivi and Kavango)” of April 2011, submitted with the Government’s report, that much of the working conditions of the child labourers borders on general exploitation as well as physical and mental abuse. This study found that the majority of children worked an average of 11 hours a day, many for seven days a week. Lastly, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 16 October 2012, expressed concern regarding the prevalence of the worst forms of child labour, including the involvement of children in hazardous work, as well as at reports of exploitation and abuse of children in the domestic and agricultural sectors, including physical abuse, denial of education and long working hours (CRC/C/NAM/CO/2-3, paragraph 67). The Committee requests the Government to strengthen its efforts to ensure in practice the protection of all persons under the age of 18 from the worst forms of child labour, particularly trafficking for the purpose of labour and sexual exploitation, commercial sexual exploitation, use in illicit activities and hazardous work. The Committee requests the Government to continue to provide information on measures taken in this regard, including within the framework of the TECL II Project, and on the results achieved. The Committee also requests the Government to provide information from the 2010 National Child Activities survey on the nature, extent and trends of the worst forms of child labour, and to provide available statistics on the number and nature of infringements, investigations, prosecutions and convictions related to these worst forms, in its next report.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s statement that it has introduced the Education Sector Policy for orphans and vulnerable children, aiming to identify the barriers to education and developing strategies to attract and keep children in schools. The Government also indicates that the Ministry of Education will undertake joint inspections in 2013, with the Ministry of Labour and Social Welfare, to identify children in child labour and place them in schools. In this regard, the Government indicates that earlier joint inspections indicated that the lack of schools and hostel facilities close to the various farms and villages are obstacles to the attendance of children in school. The Committee further notes the information from ILO–IPEC of April 2012 concerning the TECL II that the Ministry of Education has conducted door-to-door surveys to register children that are not in schools, and is taking measures to identify children in need of an exemption from school fees. ILO–IPEC further indicates that in 2011–12, the Ministry of Education continued to spearhead the elimination of child labour by undertaking large-scale publicity on the importance of enrolment of all children in school irrespective of school fees paid, increasing the number of classrooms per school countrywide, intensifying school feeding programmes and providing flood relief to schools affected by floods. Taking due note of the measures undertaken by the Government, the Committee also notes the information in the UNESCO Global Monitoring Report of 2012 that, in 2010, there were approximately 52,000 out-of-school children of primary school age, an increase from the 39,000 out-of-school children in 1999. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education, particularly for children from rural areas. The Committee requests the Government to continue providing information on the concrete measures taken in this regard, and the results achieved in terms of increasing school attendance rates and reducing the number of out-of-school children.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. The Committee previously noted the Government’s indication that HIV/AIDS is a major influence of child labour, and that children are withdrawn from school to care for ill family members or their siblings, to help with household chores, or to work to supplement family income. The Committee also noted the various measures taken by the Government to support orphans and other vulnerable children (OVCs), including programmes paying specific attention to their educational needs, such as increased educational and psychosocial support and exemption from school fees. Moreover, the Committee noted the Government’s indication that the Child Welfare Programme aimed to provide appropriate services and to protect children, particularly OVCs, through the provision of maintenance and foster care grants to children.

The Committee notes the Government’s indication that it continues to take measures to facilitate access to education for OVCs. The Committee also notes the information in the Government’s Country Progress Report to the UN General Assembly Special Session on HIV/AIDS of 2012, that as of 2011, 124,351 OVCs were receiving welfare grants. Considering that orphans of HIV/AIDS and other vulnerable children are particularly at risk of being engaged in the worst forms of child labour, the Committee urges the Government to pursue its efforts to take effective and time-bound measures to protect these children from the worst forms of child labour. It also requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.