Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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. Following its previous comments, the Committee notes with interest the Government’s information that the first conviction under the Prevention of Organised Crime Act of 2004 for trafficking of children was brought in June 2015 against a person accused of trafficking of children for sexual exploitation who was sentenced to 13 years imprisonment. The Committee notes that the newly adopted Child Care and Protection Act, 2015 (CCP Act) contains specific provisions prohibiting the trafficking of children. According to section 202 of the CCP Act, any person who traffics a child (defined under section 1 as a person who has not attained the age of 18 years) shall be liable to a fine not exceeding 1 million Namibian dollars (NAD) (approximately US$71,160) or to imprisonment for a period not exceeding 20 years or to both. Pursuant to section 200(1) of the CCP Act, “trafficking” in relation to a child means to deliver, recruit, transport, harbour, adopt, sell, exchange, lease or receive a child within or across the borders of Namibia for the purposes of exploitation. The term “exploitation” includes prostitution or any form of sexual exploitation, slavery, debt bondage and forced labour or services. The Committee requests the Government to provide information on the application in practice of section 202 of the CCP Act with regard to the trafficking of persons under 18, particularly the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour and the application of the Convention in practice. 1. Trafficking. Following its previous comments, the Committee notes the Government’s information that a draft National Plan of Action on Gender-based Violence (NAP) which also contains an anti-trafficking strategy is under preparation. The Committee notes that the Committee on the Elimination of Discrimination against Women, in its concluding observations of 24 July 2015, expressed concern that Namibia remained a source and destination country of trafficking in human beings, in particular women and girls, mainly for purposes of forced labour and sexual exploitation (CEDAW/C/NAM/CO/4-5, paragraph 24). The Committee requests the Government to strengthen its efforts to combat the trafficking of children, and to provide information on the specific measures taken in this regard. It expresses the hope that the NAP which includes an anti-trafficking strategy will be adopted soon. It requests the Government to provide information on the progress made in this regard as well as on the measures taken to combat the trafficking of children within the framework of this NAP.

2. Hazardous work. The Committee previously noted the involvement of children in hazardous work, as well as reports of exploitation 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 notes the Government’s information that in April 2015, the Ministry of Labour, Industrial Relations and Employment Creation in conjunction with the ILO held a workshop for adopting a roadmap document towards the elimination of child labour in domestic work. This workshop resulted in the development of an Action Plan with three priority actions: (i) to disseminate relevant information and advocate for a change in social attitudes towards child labour, including in domestic work; (ii) to build the capacity of relevant stakeholders to deal with child labour, including domestic work; and (iii) to adopt legislative and policy measures to end child labour. It further notes the Government’s indication that the Ministry of Labour, Industrial Relations and Employment Creation established an Inter-ministerial Committee on child labour. The Committee requests the Government to provide information on any measures taken by the Inter-ministerial Committee to combat the worst forms of child labour, particularly hazardous work in the agricultural sector. It also requests the Government to provide information on the implementation of the Action Plan to eliminate child labour in domestic work and the results achieved.

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. The Committee previously noted the various measures taken by the Government to attract children to school and keep them there as well as to identify children who are not at school and children in need of exemption from school fees.

The Committee notes the Government’s information that it continues to increase the number of schools both in rural and urban areas. The Government also states that the free universal education system has contributed to high rates of school enrolment. In this regard, the Committee notes from the United Nations Development Programme Millennium Development Goals (MDG), Interim Progress Report, Namibia 2013 (UNDP report) that in terms of universal access to primary education, Namibia has achieved or is expected to achieve all targets within the agreed timeline. In particular, there has been a tremendous increase in the enrolment and completion rates in primary schools. With respect to Goal 3 of the MDG on gender equality and the empowerment of women and girls, the ratio of girls to boys for secondary education has been attained with 112.3 girls to 100 boys in the year 2012, while gender parity in primary education is on target to be achieved by 2015 with 96.4 girls per 100 boys in 2012. The Committee notes with interest that according to the UNDP report, the net enrolment ratio in primary education stood at 99.6 per cent in 2012 and the completion rate for Grade 7 was 86 per cent. The Committee encourages the Government to pursue its efforts to facilitate access to free basic education to all children, particularly children from rural areas. It 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 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 protection to children, particularly OVCs, through the provision of maintenance and foster care grants to children.

The Committee notes from the Global AIDS Response Progress Report of 2013 by the Ministry of Health and Social Services that the 2012 Education Management Information System reported that a total of 125,250 orphans and 106,914 vulnerable children (OVCs) were enrolled in school. Moreover, the number of OVCs receiving social welfare grants continued to expand with 145,452 children receiving such grants by March 2013. 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 encourages 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.