Observation (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 (b). Use, procuring or offering of a child for prostitution or for the production of pornography or for pornographic performances. The Committee previously observed that the prohibitions related to prostitution contained in national legislation (particularly in the Immorality Act 1988 and the Immoral Practices Act 1980) did not encompass the use, procuring or offering of persons under the age of 18 for the purpose of prostitution or pornography. It had noted the Government’s indication that the draft Child Care and Protection Bill was in the process of being adopted.

The Committee notes with satisfaction that the Child Care and Protection Act, 2015 (CCP Act) which contains provisions prohibiting the use, procuring or offering of a child for the purpose of commercial sexual exploitation has been adopted by the Parliament. It notes that according to section 234(1)(c), a person may not use, procure, offer or employ a child (defined under section 1 as a person who has not attained the age of 18 years) for purposes of commercial sexual exploitation. According to section 234(7) of the CCP Act, any person who contravenes the above provisions shall be liable to a fine not exceeding 50,000 Namibian dollars (NAD) (approximately US$3,567) or to imprisonment for a period not exceeding ten years or to both. The Committee requests the Government to provide information on the application in practice of section 234(1)(c) of the CCP Act with regard to the use, procuring or offering of a person under 18 years for prostitution.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that national legislation did not appear to prohibit the use, procuring or offering of a child for illicit activities. It also noted that the 2007 ILO rapid assessment study entitled “Children used by adults to commit crimes (CUBAC) in Namibia” indicated that approximately one third of children involved in crimes had been used by adults to commit such crimes.

The Committee notes with satisfaction that pursuant to section 234(1)(e) of the CCP Act, a person who uses, procures, offers or employs a child for the purposes of production or trafficking of drugs shall be punished with penalties laid down under section 234(7), as indicated above. Moreover, it notes that the use, procuring, offering or employing of a child for begging is also an offence under section 234(1)(f). The Committee requests the Government to provide information on the application in practice of section 234(1)(c) and (f) of the CCP Act with regard to the use, procuring or offering of a person under 18 years for the production or trafficking of drugs and for purposes of begging.

Article 4(1). Determination of types of hazardous work. With regard to the adoption of the list of hazardous types of work prohibited to children under the age of 18 years, the Committee requests the Government to refer to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

The Committee is raising other points in a request addressed directly to the Government.