Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Namibia (Ratification: 1995)

Article 3 of the Convention. Determination of essential services. In its previous comments, the Committee requested the Government to indicate if the designation of an essential service by the Minister, under section 77(4), (5) and (15) of the Labour Act, 2007, could be appealed or revised by the courts. The Committee notes the Government’s indication that section 117 of the Labour Act provides that the Labour Court may review decisions of the Minister made under the Act, including decisions by the Minister designating essential services. The Committee requests the Government to provide information concerning any requests made to the Labour Court for review of ministerial designations of essential services and their outcome.

Article 5. Right to form federations and confederations. In its previous comments, the Committee requested the Government to specify the legal basis for the right of trade unions and employers’ organizations to form confederations. The Committee notes the Government’s indication that it is not aware of a difference between a confederation and federation, and that Namibian legislation provides for trade unions and employers’ organizations to form federations. The Committee hopes that the Government will ensure that federations of workers’ and employers’ organizations have the right to form confederations in accordance with the law.