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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action. Sale and trafficking of children. Following its previous comments, the Committee notes with interest the adoption of the Trafficking in Persons Act No. 1, 2018. The Government indicates that this Act provides that a person commits the crime of child trafficking if he or she intentionally recruits, transports, delivers, transfers, harbors, sells, exchanges, leases or receives a child for the purposes of exploitation, which includes prostitution or any form of sexual exploitation; forced labour or services; prohibited child labour or other economic exploitation; slavery or practices similar to slavery, including debt bondage; involuntary servitude; and criminal exploitation.

The Committee notes that, in its report under the Forced Labour Convention, No. 29 (1930), the Government communicates statistics on the number of investigated cases of trafficking (18) and of trafficking victims (25), registered between 2021–22. The Government, however, does not provide information on how many cases pertained to child victims of trafficking. The Committee requests the Government to provide information on the application in practice of the Trafficking in Persons Act No. 1, in particular statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the trafficking of children under 18 years of age.

Article 5. Monitoring mechanisms. Trafficking. The Committee notes the Government’s information, in its report, according to which a National Referral Mechanism (NRM) and Standard Operating Procedures (SOPs) for the identification, protection and safe return of victims of trafficking have been developed and approved by Cabinet in 2018, which enhances a coordinated and efficient response to trafficking in persons in Namibia. The NRM and SOPs are coordinated and implemented by a National Coordinator, the Ministry of Gender Equality, Poverty Eradication and Social Welfare (MGECW). Moreover, an inter-ministerial committee has been set up consisting of the Ministry of Labour, Industrial Relations and Employment Creation, the MGECW, and the Ministry of Home Affairs, Immigration, Safety and Security, to monitor reports on human trafficking and smuggling of migrants in Namibia. The Committee requests the Government to provide information on the implementation of the NRM and SOPs by the MGECW, in particular as regards the identification, protection and safe return of child victims of trafficking for labour or sexual exploitation. It also requests the Government to provide information on the activities and number of reports of child trafficking identified by the inter-ministerial committee.

Article 6. Programmes of action.National Agenda for Children 2018–22. The Committee previously noted that child protection, including protection from child abuse and child trafficking, was one of the pillars of the National Agenda for Children 2018–22. It notes that the Government provides no information on the impact of the National Agenda for Children in this regard. The Committee requests the Government to provide information, in its next report, on the impact of the measures taken under the National Agenda for Children 2018–22 on the protection of children under 18 years of age against sale and trafficking for sexual or labour exploitation. On other issues related to the development of a plan of action against sale and trafficking, the Committee refers to its comments under the Forced Labour Convention, 1930 (No. 29).

Action Plan to Eliminate Child Labour in Domestic Work (AP-CLDW). Following the Committee’s previous comments, the Government indicates that the AP-CLDW is still ongoing and yielding positive results. The Committee requests the Government to provide information, in its next report, on the impact and results achieved through the implementation of the AP-CLDW in terms of protection of children from the worst forms of child labour in the domestic sector.

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 takes note of the measures taken by the Government to improve access to free basic education in the country, in particular for learners with disabilities. Such measures include the provision of hostel accommodations for these learners or of school feeding programmes, and the offer of learning support to enable teachers in all schools to assist learners with disabilities. As a result of the measures implemented by the Government, the number of enrolled learners has increased from 638,789 in 2013 to a total of 802,655 in the 2022 academic year. The Committee also notes that, according to UNESCO statistics, the gross enrolment ratio at the level of primary education in 2022 was very high (125.7 per cent).

However, the Committee notes that, according to the UNICEF Education Budget Brief for Namibia, 2022–23, while Namibia has made significant progress in achieving basic education, challenges remain, in particular the high number of learners repeating a grade, partly due to the quality of outcomes remaining somewhat low across the education sector. The Committee therefore requests the Government to continue its efforts to facilitate access to free quality education for all children. It requests the Government to continue providing information on the measures taken in this regard and on the results achieved, particularly in terms of increasing school attendance rates and completion rates, and reducing repetition rates, in primary and lower secondary education.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other children in situations of vulnerability (OVCs). Following its previous comments, the Committee notes the Government’s information regarding the measures it is taking, either under the National Strategic Framework for HIV and AIDS Response 2017/18 – 2021/22 or otherwise, to reduce HIV/AIDS infections and protect and support persons infected, including children and adolescents, and OVCs. The Government indicates, for example, that the Child Care and Protection Act, 2015, which came into force in 2019, provides child support for children in need of care and protection, as well as short-term emergency grants or assistance in kind and residential childcare facility grants to support children in need of nutrition, clothing and housing. In this regard, the Government has recruited 41 volunteers, through the President’s Emergency Plan for AIDS Relief (PEPFAR), to assist with grants application processes for OVCs, which resulted in an increase in the number of OVCs receiving grants from 111,624 in 2009/2010 to 314,140 in 2021/2022. The Government further indicates that the number of OVCs enrolled in school as at 2021 are 4,337 boys and 41,454 girls. The Committee notes, however, that UNAIDS estimates indicate that 60,000 children were orphans of HIV/AIDs in 2021. The Committee takes due note of the measures taken by the Government and requests it to continue its efforts to protect orphans of HIV/AIDS and OVCs from the worst forms of child labour. It requests the Government to continue providing information on the measures taken in this regard and the results achieved.

Article 8. International cooperation. Poverty reduction. The Committee notes that, according to a UNICEF policy brief on ending multidimensional child poverty in Namibia of 2021, the UN Namibia Socioeconomic impact analysis of COVID-19 (2020) estimates that the pandemic pushed more than 105,000 people, including some 45,000 children into poverty. In this regard, the Committee notes that the Government of Namibia is implementing several key national strategies and development plans, such as the Harambee Prosperity Plan, Vision 2030 and the United Nations Partnership Assistance Framework (UNPAF), 2019–23. The Committee also takes note of the ILO Decent Work Country Programme (DWCP), 2019–23, which will be integrated in the Economic progression and the Social transformation Pillars of the UNPAF 2019–23 to contribute to results on strengthening the design and implementation capacities of government institutions at all levels, for example in the areas of productivity and job-rich infrastructure development. Namibia is also benefiting from assistance from the UN World Food Programme (WFP) in the framework of a Country Strategic Plan, 2017–23, to provide food assistance to vulnerable people affected by shock, ensure adequate capacity strengthening to the Government, and facilitate effective policies and best practices. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to reduce the incidence of poverty in Namibia. It requests the Government to provide information on the results achieved, particularly in relation to the effective reduction of multidimensional child poverty, and the impact detected on the elimination of the worst forms of child labour.

Application of the Convention in practice. The Committee notes that, in the framework of the Decent Work Country Programme 2019–23, it is aimed to improve the capacities of government institutions in the area of timely collection, analysis, dissemination and application of comprehensive, quality and disaggregated data on the labour market, including on child labour, trafficking in persons and violence against women and girls. The Committee therefore requests Government to take the necessary measures to ensure that sufficient data on the worst forms of child labour is made available, in particular on the sale and trafficking of children and children engaged in hazardous work.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action. Sale and trafficking of children. The Committee previously noted the adoption of the Child Care and Protection Act, 2015 (CCP Act), which provides that the trafficking of children under 18 years for labour and sexual exploitation is punishable by imprisonment for a period not exceeding 20 years and/or a fine (section 202). It noted that the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern that Namibia remained a source and destination country of trafficking in human beings, in particular women and girls. The Committee requested the Government to provide information on the application in practice of section 202 of the CCP Act and on the specific measures taken to combat the trafficking of children.

The Government indicates in its report that the CCP Act is not yet in force. It also indicates that child protection, including protection from child abuse and child trafficking, is one of the pillars of the National Agenda for Children 2018–22. The Committee notes that, in its concluding observations of 22 April 2016, the Human Rights Committee expressed concern that women and children are trafficked within Namibia for the purpose of forced labour and sexual exploitation including forced prostitution, and that the number of prosecutions is low (CCPR/C/NAM/CO/2, paragraph 25). The Committee requests the Government to take the necessary measures without delay to bring the CCP Act into force, so that all those engaged in acts involving the trafficking of children for sexual or labour exploitation would be subjected to robust prosecutions and dissuasive penalties. It requests the Government to provide information in this respect. The Committee also requests the Government to provide information on the measures taken to combat the trafficking of children, including on the implementation of the National Agenda for Children 2018–22 and the results achieved.

Articles 3(d) and 6. Hazardous work and programmes of action. 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). It requested 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, and on the implementation of the Action Plan to Eliminate Child Labour in Domestic Work and the results achieved.

The Government indicates in its report that the Inter-ministerial Committee is challenged but that it is raising awareness on child labour. It also indicates that it has set targets per quarter to inspect domestic and private households. The Committee takes due note of the adoption of the regulations, under the Labour Act, relating to domestic workers and observes that section 2 of these regulations prohibits employers from employing a person under 18 years of age in domestic work. The Committee requests the Government to pursue its efforts to eliminate the worst forms of child labour, particularly hazardous work in the domestic and agricultural sectors. It requests the Government to provide information on the measures taken in this respect and on the application in practice of section 2 of the regulations relating to domestic workers. The Committee also requests the Government to indicate whether the Action Plan to Eliminate Child Labour in Domestic Work is still ongoing and if not, whether it has been renewed.

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 facilitate access to free basic education to all children, including by increasing the number of schools and setting up free universal access to primary education. It noted that 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. Gender parity in secondary education had been attained with 112.3 girls to 100 boys in the year 2012. The Committee requested the Government to pursue its efforts and to continue providing information on the concrete measures taken to facilitate access to free basic education.

The Committee notes the Government’s indication that the mandatory contributions to the School Development Fund have been abolished, to remove barriers to education for children whose parents cannot afford to make the contribution. It welcomes the Government’s indication that it has extended free education to secondary levels in 2016, thus increasing drastically school attendance. The Committee notes with interest that the Education Amendment Act No. 14 of December 2017 provides that all tuition for pre-primary, primary, secondary and special education in State schools, including books, materials and examination fees are free of charge until the completion of secondary education.

The Committee takes due note of the National Human Rights Action Plan 2015–19, which includes among its objectives to support the teaching and learning environment for all levels of education, through key interventions such as the introduction of transport systems for school children in rural areas, the improvement of the availability of textbooks, and the development and enforcement of guidelines to support children from disadvantaged backgrounds. The National Human Rights Action Plan also acknowledges the continued marginalization of indigenous peoples in terms of access to education, especially for women and girls, and has developed a specific objective to provide education opportunities for indigenous peoples and vulnerable groups. The Committee takes note of the Sector Policy on Inclusive Education of 2013, targeting educationally marginalized children, which includes children with disabilities and impairments.

The Committee notes that, according to the Education Statistics of the Ministry of Education, Arts and Culture of 2017, the gender parity index was 0.97 in primary education in 2017. The net enrolment ratio was 97.7 per cent in primary education and 56 per cent in secondary education. The gross enrolment ratio in secondary education was 75.3 per cent. The Committee further notes that, according to the 2019 Global Education Monitoring Report published by UNESCO, the school completion rate was 83 per cent in primary education and 56 per cent in lower secondary education in 2017. The Committee requests the Government to pursue its efforts to facilitate access to free basic education for all children, including indigenous children and children with disabilities. It requests the Government to provide information on the measures taken in this regard, as well as on the results achieved within the framework of the National Human Rights Action Plan and the Sector Policy on Inclusive Education in terms of increasing school attendance rates and completion rate, in primary and secondary education.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted the various measures taken by the Government to support OVCs. It noted that in 2012 a total of 125,250 orphans and 106,914 vulnerable children 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. The Committee encouraged the Government to pursue its efforts to protect OVCs from the worst forms of child labour and requested it to provide information on measures taken in this regard and on the results achieved.

The Committee notes the absence of information in the Government’s report. It notes the UNICEF report Reaching educationally marginalized children of 2017, which states that 13,004 orphaned children were not in school in 2016. The report also indicates that 38 per cent of orphaned children and 22 per cent of vulnerable children receive government grants. The Committee notes that, according to UNAIDS estimates for 2017, approximately 34,000 children are orphans due to HIV/AIDS. It notes from the UNICEF Annual Report of 2017 the development and endorsement of the National Strategic Framework for HIV and AIDS Response for the period from 2017–18 to 2021–22, targeting populations including adolescents and young people. UNICEF also indicates that coordination of health services at schools, including HIV services, was fostered by the School Health Task Force in 2017. The Committee requests the Government to continue to take the necessary measures to protect orphans of HIV/AIDS and OVCs from the worst forms of child labour, including by ensuring their access to education and increasing the number of OVCs benefiting from government grants. The Committee requests the Government to provide information in this respect and on the implementation of the National Strategic Framework for HIV and AIDS Response 2017/18–2021/22. Please provide specific information on the number of OVCs enrolled in school and on the number of OVCs receiving government grants.

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

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.

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

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.

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

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.

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

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 all persons under the age of 18 for the purpose of prostitution or pornography. It also noted the statement in the Government’s report to the Committee on the Rights of the Child (CRC) of 15 September 2011 that the criminal and sexual exploitation of children occurred in the country both through children being prostituted, and through adults taking advantage of needy children by providing basic necessities in return for sex (CRC/C/NAM/2-3, paragraph 226). However, the Committee noted that the draft Child Care and Protection Bill had been developed, and that section 176(1)(a) of this Bill would prohibit the use, procuring or offering of a child for the purpose of commercial sexual exploitation.

The Committee notes the Government’s statement that the draft Child Care and Protection Bill is with the legal drafters at the Ministry of Justice. The Government states that after its finalization, it will be tabled before Parliament. The Committee requests the Government to take the necessary measures to ensure that the draft Child Care and Protection Bill will prohibit the use, procuring and offering of all persons under the age of 18 for prostitution and pornography, and will be adopted without delay. It requests the Government to provide a copy of the Child Care Protection Act, once adopted.

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. However, the Committee noted that section 176(1)(b) of the draft Child Care and Protection Bill prohibits the use, procuring or offering of a child for illicit activities, including drug production and trafficking.

The Committee notes, as above, the Government’s statement that the draft Child Care and Protection Bill is with legal drafters of the Ministry of Justice, and will be presented to Parliament once finalized. Recalling that, by virtue of Article 3(c) of the Convention, the use of children by adults for illicit activities, including to commit crimes, is considered to be one of the worst forms of child labour, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft Child Care and Protection Bill in the near future.

Article 4(1). Determination of types of hazardous work. The Committee previously noted that section 3(3)(d) and section 3(4) of the Labour Act prohibits six types of hazardous work for children between the ages of 14 and 18. In addition, the Committee noted the Government’s indication that a list of hazardous work (in terms of Conventions Nos 138 and 182) had been developed by the Project Advisory Committee on Child Labour. This list was subsequently submitted to the Labour Advisory Council for its consideration.

The Committee notes the Government’s statement that the Labour Advisory Council approved the submitted list without any modifications. The Government also indicates that the Labour Advisory Council recommended the list to the Minister of Labour and Social Welfare for approval, and that once this list is approved by the Minister, the supporting regulations for hazardous work will be developed. The Committee requests the Government to take the necessary measures to ensure the elaboration and adoption of regulations containing a further determination of prohibited types of hazardous work. It requests the Government to provide a copy of the relevant regulations, once adopted.

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

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

Article 5 of the Convention. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that the Ministry of Labour and Social Welfare had a system of labour and safety inspections throughout the country, and it requested the information on the inspections carried out regarding infringements of the national provisions giving effect to the Convention.

The Committee notes the information in the Government’s report that teams (including labour inspectors, social workers, police officers and staff from the Ministry of Education) conducted Joint Child Labour follow-up inspections in the agricultural sector. The Government indicates that these inspections were a follow-up to previous investigations conducted in 2009, and that one of the purposes of such inspections was to lay criminal charges against those employers who were found to persist in employing children as prohibited by the Labour Act. The Government indicates that three criminal cases were opened against employers in this regard. The Committee also notes the Government’s statement that several capacity building workshops have been carried out for law enforcement officers and labour inspectors, to target workplaces to remove children in child labour. The Committee further notes the Government’s indication in its report to the Committee on the Rights of the Child of 15 September 2011 that, as part of its programming to combat the worst forms of child labour, labour inspectors have received training to identify the worst forms of child labour and to process cases (CRC/C/NAM/2-3, paragraph 234).

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. The Committee previously noted that the “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, and would continue until March 2012. The Committee noted that the TECL II intended to implement selected strategies from the Action Programme to Eliminate Child Labour in Namibia 2008–12 (APEC 2008–12). The Committee also noted that, according to the Namibia Child Activities Survey 2005, approximately 6.5 per cent of all children in Namibia between the ages of 16 and 17 were engaged in hazardous child labour. The Committee also noted that the 2007 ILO report entitled “Child trafficking linked to child labour and commercial sexual exploitation of children in Namibia” indicated that children between the ages of 12 and 17 were engaged in commercial sex work, and that the main cause of this phenomenon was poverty.

The Committee notes the information in the Government’s report that through the TECL II project, an implementing agency, the Legal Assistance Centre, has provided training to child watch monitors in five regions of the country. The Government states that these child watch monitors will undertake activities related to the identification of cases of children involved in child labour. The Government also indicates that these child watch monitors will take measures for the withdrawal of children engaged in child labour and for their rehabilitation, in collaboration with law enforcement officials in the respective regions. The Committee also notes the information in an ILO–IPEC report on the TECL II from April 2011 that the Ministry of Safety and Security has requested for chapters on child labour to be included in a training curriculum for new policemen and has requested a countrywide training for policemen on child labour.

The Committee notes the statement in the Government’s report that 11 cases of child labour were reported during the reporting period, and that all suspects appeared before the court. The Committee also notes the information in the Government’s report that a new National Child Activities Survey was conducted in 2010, and that analysis of this Survey is ongoing. The Committee further notes the information in the Government’s report to the CRC of 15 September 2011 that several of the worst forms of child labour are present in the country. In this report, the Government indicates 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 (CRC/C/NAM/2-3, paragraph 226). Therefore, while taking due note of the measures implemented by the Government within the framework of the APEC 2008–12 and the TECL II, 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, 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.

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. In its previous comments, the Committee noted that article 20 of the Constitution and section 53 of the Education Act, 2001, state that school attendance is free and compulsory from 7 years of age, until primary school is completed or the child turns 16. It also noted that parents of students are required to pay fees to the school development fund, although a parent may be exempt from this payment. The Committee further noted that the Government had adopted the “Education for All (EFA) National Plan 2001–15”, and that Ministry of Education was responsible for several action steps within the framework of the APEC 2008–12.

The Committee notes the information in the Government’s report that it has introduced a school feeding programme, aimed at providing one nutritious meal a day to needy primary school students. In addition, the Government indicates that it has developed policies to address illegal increases of fees related to school development funds, the illegal withholding of progress reports and the illegal refusal of access to education due to poor academic performance. The Committee also notes the information in the Government’s report that the Ministry of Education is implementing an awareness campaign on admission of learners, through print and electronic media. The Committee further notes the Government’s indication that some teachers have received training with regard to the promotion of education for all and the identification of children who are involved in child labour. Moreover, the Committee notes the Government’s indication that the Ministry of Gender Equality and Child Welfare has commissioned the registration of orphans and vulnerable children, to ensure that birth certificates are issued to facilitate the enrolment of these children in school or skills training.

Taking due note of the measures taken by the Government, the Committee notes the information in the 2011 UNESCO Global Monitoring Report – Education for All, that the net enrolment rate in primary education was 89 per cent in 2008. This report also indicates that in 2008, there were approximately 34,000 out-of-school children of primary school age, down from 37,000 such 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, within the framework of the APEC 2008–12 and the EFA National Plan, to facilitate access to free basic education. The Committee requests the Government to continue providing information on the concrete measures taken in this regard, and their impact on increasing school attendance rates and reducing drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. The Committee previously noted the adoption of the National Policy on Orphans and Vulnerable Children of 2004 (NP/OVC) which recognized the Government’s responsibility for the protection and provision of essential services to OVCs, and outlined the importance of keeping orphans and other vulnerable children in school. It also noted the statement in the APEC 2008–12 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 their parents cannot perform, or to work to supplement family income, including commercial sex work. The APEC 2008–12 included measures to reduce the vulnerability of children in AIDS-affected families to child labour, ensuring that such children remain in school.

The Committees notes the Government’s statement that a study on the Impact of HIV/AIDS on Child Labour was completed and distributed to key partners for intervention and implementation. The Committee also notes the information in the Government’s report that the Education and Training Sector Improvement Programme (ETSIP) pays specific attention to the educational needs of OVCs. The Government indicates that during the first phase of the ETSIP (2006–11), a specialised training package on OVCs has been developed for caregivers in the field of early childhood development measures, access to education has been increased for OVCs at the pre-primary level, and increased educational and psychosocial support for OVCs has been provided through schools, including through strengthened counselling services. The Government further indicates that the National Policy on HIV and AIDS for the education sector was adopted, and that this Policy stipulates that no student shall be excluded from a government school due to an inability to pay the school fee or afford a school uniform.

Moreover, the Committee notes the information in the Government’s report to the CRC of 15 September 2011, that the Child Welfare Programme aims to provide appropriate services and to protect children, particularly OVCs, and that this includes the provision of maintenance and foster care grants to children (CRC/C/NAM/2-2, paragraph 17). The Committee also notes the information in the Government’s report to the United Nations General Assembly Special Session (UNGASS) for 2008–09 that while there were approximately 69,000 children orphaned by HIV/AIDS, approximately 60 per cent of the OVCs were being reached through services. However, the Committee also notes the Government’s statement in its report to the CRC of 15 September 2011 that the large number of OVCs within the country increases the potential for trafficking and the sexual exploitation of these vulnerable children (CRC/C/NAM/2-2, paragraph 246). The Committee, therefore, urges the Government to strengthen its efforts to take specific effective and time-bound measures in the context of the implementation of the National Policy for Orphans and Vulnerable Children, the ETSIP and the APEC 2008–12 to prevent children affected by HIV/AIDS from being engaged in 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. Lastly, it requests the Government to provide a copy of the study on the Impact of HIV/AIDS on Child Labour.

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

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 that, due to the absence of a specific provision on human trafficking in Namibia, no prosecutions or convictions were recorded for trafficking in persons during the reporting period. It therefore requested the Government to take the necessary measures to ensure the adoption of legislation prohibiting the sale and trafficking of children under 18 years.

The Committee notes with satisfaction that section 15 of the Prevention of Organized Crime Act (No. 29 of 2004) prohibits trafficking in persons, and notes that this Act came into force on 5 May 2009. The Committee also notes that section 1 of the Prevention of Organized Crime Act defines trafficking as the recruitment, transfer, harbouring or receipt of persons by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The Committee requests the Government to provide information on the application in practice of the Prevention of Organized Crime Act, including statistics on the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed.

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 all persons under the age of 18 for the purpose of prostitution or pornography. However, the Committee noted the information in the Action Programme to Eliminate Child Labour in Namibia 2008–12 (APEC 2008–12), that a draft of the Child Care and Protection Bill contained provisions prohibiting the commercial sexual exploitation of children.

The Committee notes the information provided by the Government in the report of the Working Group on the Universal Period Review of the UN Human Rights Council of 31 May 2011 that the Child Care and Protection Bill was approved by Cabinet in May 2011 and is due to be tabled in Parliament soon (A/HRC/17/14/Add.1, paragraph 5). The Committee also notes that section 176(1)(a) of the draft Child Care and Protection Bill prohibits the use, procuring or offering of a child for the purpose of commercial sexual exploitation. The Committee further notes the statement in the Government’s report to the Committee on the Rights of the Child of 15 September 2011 that the criminal and sexual exploitation of children had occurred in the country both through children being prostituted, and through adults taking advantage of needy children by providing basic necessities in return for sex (CRC/C/NAM/2-3, paragraph 226). The Committee therefore expresses the hope that the draft Child Care and Protection Bill will prohibit the use, procuring and offering of all persons under the age of 18 for prostitution and pornography, and will be adopted without delay. It requests the Government to provide a copy of the Child Care Protection Act, once adopted.

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 “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 that section 176(1)(b) of the draft Child Care and Protection Bill prohibits the use, procuring or offering of a child for illicit activities, including drug production and trafficking. Recalling that, by virtue of Article 3(c) of the Convention, the use of children by adults for illicit activities, including to commit crimes, is considered to be one of the worst forms of child labour, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft Child Care and Protection Bill in the near future.

Article 4(1). Determination of types of hazardous work. The Committee previously noted that, pursuant to section 3(3)(d) and section 3(4) of the Labour Act, children between the ages of 14 and 18 are prohibited from performing the types of hazardous work listed in section 3(3)(d), including: (i) work underground or in a mine; (ii) construction or demolition work; (iii) manufacture of goods; (iv) work related to the generation, transformation or distribution of energy; (v) work related to installing or dismantling machinery; and (vi) any work-related activities which may place the child’s health, safety, physical or mental health or spiritual, moral or social development at risk.

The Committee notes the Government’s statement that a list of Hazardous Work (in terms of Conventions Nos 138 and 182) was finalized by the Towards the Elimination of the worst forms of Child Labour project (TECL), phase II, Project Advisory Committee on Child Labour, and that this list has been submitted to the Tripartite Labour Advisory Council for its consideration and recommendation to the Minister of Labour and Social Welfare. The Government indicates that supporting regulations for hazardous work will subsequently be developed, pursuant to this list. The Committee requests the Government to take the necessary measures to ensure the elaboration and adoption of regulations containing a determination of prohibited types of hazardous work. It requests the Government to provide a copy of the relevant regulations, once adopted.

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Clause (a). Worst forms of child labour. All forms of slavery or similar to slavery. 1. Sale and trafficking of  children. The Committee previously requested the Government to supply the text of any relevant legislation prohibiting the sale and trafficking of children under 18 years. The Committee notes the Government’s statement that the draft Child Care and Protection Bill is currently being prepared, to replace the Children’s Act (No. 33 of 1960), and is expected to be tabled in Parliament in 2010. Chapter 12 (sections 157–164) of the draft Child Care and Protection Bill relates to child trafficking. Section 157 of the draft Child Care and Protection Bill states that a person may not traffic a child or allow a child to be trafficked and cannot use as a defence the fact that the persons having control of the child consented, or that the intended exploitation or adoption of the child did not occur. The trafficking of a child by their parents or legal guardians is prohibited pursuant to section 160 of the draft Child Care and Protection Bill and section 162 states that a child victim of trafficking must be referred to a social worker for investigation and may be housed in a safe house. Where the child is an illegal resident, the Children’s Court may order that the child be assisted in applying for asylum, or, if the child is in need of care and protection, the child may remain in Namibia for a duration determined by the court.

The Committee notes that the 2007 report “Child trafficking linked to child labour and commercial sexual exploitation of children in Namibia: A child labour related rapid assessment” (Trafficking Rapid Assessment), issued by the ILO, uncovered three cases of children who were trafficked to do domestic work, child minding and commercial livestock work. The Trafficking Rapid Assessment also indicates that children were trafficked from Angola and Zambia to Namibia for livestock and child-minding work, and that children were trafficked within Namibia for work in agriculture, road construction, vending and commercial sex work. However, the Committee notes the statement in the UNODC Global Report on Trafficking in Persons 2009 that, because of the absence of a specific provision on human trafficking in Namibia, no prosecutions or convictions were recorded for trafficking in persons during the reporting period. Therefore, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft Child Care and Protection Bill in the near future, and to supply a copy once adopted.

2. Forced recruitment of children for use in armed conflict. The Committee previously noted the information in the Government’s report that the Namibian Defence Force did not recruit children under 18 years. It requested the Government to provide with its next report the text of the legislation prohibiting the recruitment of children under 18 years. The Committee notes the Government’s declaration upon ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, that the minimum age for recruitment into the armed forces is 18. The Committee also notes the information for potential recruits on the web site for the Ministry of Defence of Namibia (www.mod.gov.na) that new recruits are to be between the ages of 18 and 25.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee previously noted that the Immorality Act 1988 and the Combating of Immoral Practices Act 1980, as amended in 2000, prohibit procuring prostitution under various provisions. In particular, it noted the information in the Government’s report that section 3(a) of the Immorality Act punishes anyone who, being the parent or guardian of a child, has ordered, permitted or received any consideration for the prostitution of that child. Although these legislative measures prohibit parents or guardians from offering or procuring a child for prostitution, they do not prohibit the offering or procuring by persons other than parents or guardians and they do not prohibit the use of a child for prostitution. Section 5 states that any person who inveigles or entices any female to a brothel for the purpose of prostitution, or procures any female to become a prostitute is guilty of an offence. The Committee recalled that the Convention required a prohibition in respect of both boys and girls and requested the Government to take measures to prohibit the use, procuring or offering of boys and girls for prostitution and to provide information on the measures taken in this regard.

The Committee notes the Government’s statement that the 2000 amendment to the Combating of Immoral Practices Act 1980 replaced the term “girl” with “child” in section 14 of this Act. However, the Committee observes that section 14 only prohibits the commission of an immoral or indecent act with a person under the age of 16 (by anyone who is three years older, who is not married to the child), not under the age of 18, as provided for in Article 3 of the Convention. The Committee also notes the statement in the Action Programme to Eliminate Child Labour in Namibia 2008–12 (APEC 2008–12), submitted with the Government’s report, that neither the Combating of Immoral Practices Act 1980, nor its amendment, specifically address the prostitution of children (page 23). However, the Committee notes the information in the APEC 2008–12 that a draft of the Child Care and Protection Bill contains provisions stating that any person who allows, causes or conduces to the seduction or prostitution of a child or allows a child to enter into the employment of any prostitute or procurer of prostitutes commits an offence.

The Committee notes that the Trafficking Rapid Assessment indicates that both boys and girls are victims of child commercial sexual exploitation in Namibia (page 63). Therefore, the Committee urges the Government to take the necessary measures to ensure that the forthcoming draft Child Care and Protection Bill contains provisions prohibiting the use, procuring and offering of both boys and girls under the age of 18 for the purpose of prostitution.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee previously noted that section 14 of the Combating of Immoral Practices Act 1980, as amended in 2000, states that any person who commits or attempts to commit an “indecent or immoral act” with a child under 16 years, or solicits or entices such a child to the commission of such an act, and who is: (i) more than three years older than such child; and (ii) not married to such a child, shall be guilty of an offence. The Committee reminded the Government that the prohibition contained in Article 3(b) of the Convention applies to any child under the age of 18 years irrespective of the age of the offender, and requested the Government to take measures to bring national legislation into conformity with the Convention.

The Committee notes an absence of information in the Government’s report on this point. However, the Committee notes the statement in the APEC 2008–12 that legislation on pornography in Namibia is long overdue (page 24). The Committee reminds the Government that pursuant to Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances is considered one of the worst forms of child labour and that, under Article 1 of the Convention, each Member which ratifies it must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It therefore requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances, irrespective of the age of the offender.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted  that the relevant legislation did not appear to prohibit the use, procuring or offering of a child for illicit activities. The Committee notes the Government’s statement that the Combating the Abuse of Drugs Bill was recently introduced in the National Assembly. The Government states that this Act bans the consumption, trafficking, sale and possession of dangerous, undesirable and dependency-producing substances. The Committee observes that the information in the Government’s report does not indicate if the Combating the Abuse of Drugs Bill contains provisions with regard to the use, procuring or offering of children for these activities.

The Committee notes that the rapid assessment study “Children used by adults to commit crime (CUBAC) in Namibia” (CUBAC Study), issued by the ILO in 2007, indicates that the involvement of children in the sale and trafficking of drugs appears to be low (page 68). Nonetheless, the Committee notes that the CUBAC Study concluded that approximately one third of children involved in crimes are victims of CUBAC (page 76). The Committee once again recalls that, by virtue of Article 3(c) of the Convention, the use of children by adults to commit crimes is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. It once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Article 5. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that the Ministry of Labour and Social Welfare (MoLSW), which is responsible for monitoring the implementation of the national legislation giving effect to the Convention, has a system of labour and safety inspections decentralized throughout the country. Inspectors carry out routine and follow-up inspections to ensure the implementation of the Labour Act. It requested the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention.

The Committee notes the information in the Government’s report that, within the framework of the project “Towards the Elimination of the Worst Forms of Child Labour Phase II”, labour inspectors will receive training in December 2009, with a manual (which was developed in Malawi) for law enforcement and child labour. The Committee also notes the information in a report on the worst forms of child labour in Namibia, available from the web site of the Office of the UN High Commissioner for Refugees (www.unhcr.org), that while the Labour Inspectorate does not have inspectors focused exclusively on child services, the inspectors are trained in identifying the worst forms of child labour. This report indicates that three investigations occurred in 2008 that involved children in the worst forms of child labour. The Committee once again requests the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention and to supply reports or documents drafted by the Labour Inspectorate regarding the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee previously noted that the ILO–IPEC programme Towards the Elimination of the Worst Forms of Child Labour (TECL) was launched in Namibia in 2004 and is implemented through the MoLSW. The Committee requested the Government to continue providing information on the implementation of the TECL.

The Committee notes the information in the ILO–IPEC Technical Progress Report on the project “TECL Phase II: Supporting and monitoring the implementation of National Plans of Action in the three core countries in Southern Africa” (TECL II), issued on 31 August 2009, that the TECL II commenced in Namibia in June 2009, and is expected to continue until March 2012. The Committee notes the Government’s statement that the TECL II will endeavour to implement selected strategies from the APEC 2008–12, which was developed under TECL. The Committee notes the information in the Government’s report that since April 2009, several activities have been undertaken in this regard, including:

–      the re-establishment of the Project Advisory Committee on Child Labour (PACC), which is responsible for overseeing the implementation of the project, and capacity-building training for PACC members;

–      assistance was given to the Ministry of Education in the development of its action plan on child labour based on action steps identified in APEC 2008‑12;

–      a presentation on child labour was given to the National Council Meeting for the Namibia National Farmers’ Union and a workshop was held to give assistance in its action plan and policy on child labour;

–      a review of national legislation on child labour was commissioned, and will be finalized by December 2009; and

–      an external collaborator was identified for the development of a hazardous child labour list and work will soon begin in this regard.

The Committee also notes the Government’s statement that activities planned for 2010 include further awareness-raising workshops, assisting ministries in the development of action plans and workplans to implement the APEC 2008–12, and the actual implementation of the action steps within this programme. The Committee requests the Government to continue providing information on the implementation of the TECL II and the APEC 2008–12, and the results obtained with regard to eliminating the worst forms of child labour.

Article 7, paragraph 1. Sanctions. The Committee previously noted the information in the Government’s report that, by virtue of section 3(6) of the Labour Act of 2004, any person who is convicted of employing a child in any work prohibited under section 3 of the Labour Act, including hazardous work, is liable to a fine not exceeding 4,000 Namibian dollars (NAD) (approximately US$600) or to imprisonment for a period not exceeding 12 months, or to both. The Committee noted the Government’s indication that forthcoming amendments to the Labour Act would increase these penalties and requested a copy of this legislation, once adopted. The Committee notes with interest that section 3(5) of the Labour Act, as amended in 2007, states that it is an offence for any person to employ, or require or permit, a child to work in any circumstances prohibited under section 3, and that a person who is convicted of this offence is liable to a fine not exceeding NAD20,000 (approximately US$2,713) or to imprisonment for a period not exceeding four years, or to both.

Article 7, paragraph 2. Time-bound measures. Clause (a).  Preventing the engagement of children in the worst forms of child labour. Education. In its previous comments, the Committee noted that article 20 of the Constitution and section 53 of the Education Act, 2001, state that school attendance is free and compulsory for every child from the year in which the child turns 7 until the year in which the child has either completed primary education, or attained the age of 16. It also noted that section 38 of the Education Act states that all tuition provided for primary and special education in state schools must be provided free of charge, although parents of students are required to pay other fees to the school development fund. The school board may exempt any parent from this payment. The Committee further noted that the Government adopted the “Education for All (EFA) National Plan 2001–15”, which included the objectives of eliminating gender disparities in primary and secondary education, ensuring that all children, particularly girls, children in vulnerable situations and ethnic minorities had access to education, and providing better childhood care and education to the most vulnerable and disadvantaged children. In addition, the Committee noted that the National Policy on Orphans and Vulnerable Children of 2004 (NP/OVC) outlined the importance of keeping orphans and other vulnerable children in school as being central to strengthening their capacity to meet their own needs. This policy commits the Government to ensuring that all relevant parties are informed about the allowable exemptions from payments to the school development fund for children who are unable to pay, and that no student shall be excluded from school due to the inability to pay.

The Committee notes the information in the APEC 2008–12, that the Ministry of Education (MoE) will lead several action steps within the framework of this project. The MoE action steps include measures for the inclusion of information on international conventions relevant to child labour and vulnerable children in the school curriculum. The MoE will also take measures to prevent principals from expelling children from school who are found to be commercial sex workers and explore funding sources to develop and expand programmes to ensure all children are in school and not the victims of the worst forms of child labour. The APEC 2008–12 also includes several measures to promote and monitor school attendance, and will involve an awareness campaign through various media outlets and a web site on the link between child labour and keeping children in school. The Committee also notes that the APEC 2008–12 includes several measures to ensure that children from poor families and OVCs can attend school, including the expansion of the school-feeding programme, and the streamlining and the promotion of the system of exemption from payments to the school development fund (pages 103–107).

Recalling that education is one of the most effective means of combating the worst forms of child labour, the Committee requests the Government to pursue its efforts, within the APEC 2008–12 and the EFA National Plan, to facilitate access to education to girls, children from disadvantaged families and other vulnerable groups. The Committee requests the Government to provide information on the concrete measures taken in this regard, and their impact on increasing school attendance rates and reducing drop-outs rates. The Committee also requests the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. The Committee previously noted that the NP/OVC states the Government’s commitment to minimize the impact of HIV/AIDS on orphans and other vulnerable children in Namibia. The NP/OVC also recognized the Government’s responsibility for the protection and provision of essential services to OVCs including measures to ensure that: the necessary policy and legal framework for the protection of children is in place; adequate resources for agencies tasked with child protection are provided; OVCs have efficient and speedy access to financial assistance, education, health and other essential services; and that an appropriate system to identify vulnerable children is set up. The Committee also noted that an autonomous trust fund to supplement state grants made available to OVCs and their caregivers was established.

The Committee notes the information in the Government’s report that, at the conclusion of the Reducing Exploitative Child Labour in Southern Africa (RECLISA) Project, 50 child labour committee members and 60 teachers received training and that more than 1,800 OVCs were retained in school. The Committee also notes the statement in the APEC 2008–12 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 their parents cannot perform, or to work to supplement family income, including commercial sex work (page 37). The Committee further notes the information in the Government’s report that the terms of reference for a situational analysis on the impact of HIV/AIDS on child labour has been commissioned within the framework of APEC 2008–12. Lastly, the Committee notes that the APEC
2008–12 includes an action step to link issues of child labour into national programmes on HIV/AIDS. This includes measures to reduce the vulnerability of children in AIDS-affected families to child labour, ensuring that such children remain in school, and to include child labour issues into HIV/AIDS awareness-raising activities (particularly with regard to the commercial sexual exploitation of children) (page 39). The Committee requests the Government to pursue its efforts to take specific effective and time-bound measures in the context of the implementation of the National Policy for Orphans and Vulnerable Children and the APEC 2008–12 to prevent children affected by HIV/AIDS from being engaged in the worst forms of child labour, and to provide information on measures taken in this regard. It also requests the Government to provide a copy of the study on HIV/AIDS and child labour, commissioned within the framework of the APEC 2008–12, when it is completed.

Part V of the report form. Application of the Convention in practice. The Committee previously noted that, as a follow-up to the 1999 Child Activity Survey, the MoLSW conducted a child activity survey in 2005. It also noted the Government’s statement that under the TECL programme, qualitative research was conducted on the worst forms of child labour in Namibia, especially focusing on: children used by adults to commit crimes; children trafficked for labour or sexual exploitation; children working as prostitutes; children working in domestic work and agriculture and in the production of charcoal. The Committee requested a copy of these studies, once completed.

The Committee notes the information in the Namibia Child Activities Survey 2005, issued by the MoLSW in December 2008 that, of all 408,638 working children surveyed, approximately 20,000 children were engaged in some form of hazardous work, measured by the incurring injuries while doing work, or developing a work-related illness. The survey indicated that approximately 6.5 per cent of all children in Namibia, between the ages of 16 and 17 were engaged in hazardous child labour.

The Committee notes that the Trafficking Rapid Assessment uncovered nine children engaged in commercial sex work, mostly girls, between the ages of 13 and 17. The Committee notes that some of these children started commercial sex work as young as 12 years of age. The major cause of this phenomenon was poverty, with some children working to raise money for school fees (page 90). The Trafficking Rapid Assessment stated that, as it was a qualitative study, it was difficult to determine the extent of commercial sexual exploitation of children, although interviews with street children in Windhoek indicated that, among street children in that city, child commercial sexual exploitation was widespread (page 69). The Trafficking Rapid Assessment also stated that more cases of child commercial sex work were identified than previously expected, and that children were sometimes paid in kind rather than cash (page 90).

The Committee requests the Government to strengthen its efforts, within the framework of the TECL II and the APEC 2008–12, 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 and hazardous work. The Committee also requests the Government to continue to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number and nature of infringements, investigations, prosecutions and convictions.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reports. It requests the Government to provide information on the following points.

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information that the sale and trafficking of children is a criminal offence. It requests the Government to indicate the legal provision that makes the sale and trafficking of children a criminal offence. It also asks the Government to supply with its next report the text of any relevant legislation prohibiting the sale and trafficking of children under 18 years.

2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee had requested the Government to provide information on legislation regulating the enlisting in military service and recruitment in armed conflict. It notes the Government’s information that the Namibian Defence Force does not recruit children under 18 years. The Committee requests the Government to provide with its next report the text of the legislation prohibiting the recruitment of children under 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. With reference to its previous comments, the Committee notes that the Immorality Act 1988 and the Combating of Immoral Practices Act 1980, as amended in 2000, prohibit procuring prostitution under various provisions. In particular, it notes the Government’s information that section 3(a) of the Immorality Act punishes anyone who, being the parent or guardian of a child, has ordered, permitted or received any consideration for the prostitution of that child. Although these legislative measures prohibit parents or guardians from offering or procuring a child for prostitution, they do not prohibit the offering or procuring by persons other than parents or guardians and they do not prohibit the use of a child for prostitution. Section 5 states that any person who inveigles or entices any female to a brothel for the purpose of prostitution, or procures any female to become a prostitute is guilty of an offence. The Committee points out, however, that the Convention requires a prohibition in respect of both boys and girls. The Committee accordingly requests the Government to take measures to prohibit the use, procuring or offering of boys and girls for prostitution and provide information on the measures taken in this regard.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s information that section 14 of the Combating of Immoral Practices Act 1980, as amended in 2000, states that any person who commits or attempts to commit an “indecent or immoral act” with a child under 16 years, or solicits or entices such a child to the commission of such act, and who is: (i) more than three years older than such child; and (ii) not married to such a child, shall be guilty of an offence. The Committee reminds the Government that the prohibition contained in Article 3(b) of the Convention applies to any child under the age of 18 years irrespective of the age of the offender. It therefore requests the Government to take measures to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances irrespective of the age of the offender. It once again requests the Government to indicate a definition of the term “immoral or indecent act”.

Clause (c). Use, procuring or offering of a child for illicit activities. With reference to its previous comments, the Committee notes that the relevant legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It once again recalls that, by virtue of Article 3(c) of the Convention, such an activity is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. It once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had previously noted that the Ministry of Labour, which is responsible for monitoring the implementation of the national legislation giving effect to the Convention, has a system of labour and safety inspections decentralized throughout the country. Inspectors carry out routine and follow-up inspections to ensure the implementation of the Labour Act. The Committee notes that the Government’s report contains no information on the findings of the inspections regarding children under 18 years involved in the worst forms of child labour. It once again requests the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention and to supply reports or documents drafted by the Labour Inspectorate.

2. Commission of Inquiry into Labour-related Matters affecting Agricultural Employees and Domestic Employees. The Committee had previously noted that the Ministry of Labour and Human Resources Development appointed a “Commission of Inquiry into Labour-related Matters affecting Agricultural Employees and Domestic Employees”. It had noted that this Commission of Inquiry is in charge of reporting and making recommendations related to the employment of children contrary to the provisions of article 15 of the Namibian Constitution. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the findings of this Commission of Inquiry with regard to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the ILO/IPEC programme Towards the Elimination of the Worst Forms of Child Labour (TECL) was launched in Namibia in 2004 and is run through the Ministry of Labour and Social Welfare. The TECL focuses on: (i) increasing knowledge and information on the extent, nature and causes of the worst forms of child labour in Namibia; (ii) assessing the policy environment as a framework for establishing an action programme to eliminate child labour (APEC) and formulating an APEC; and (iii) sharing experience and best practice in researching the worst forms of child labour amongst stakeholders working in this field. The Committee notes the Government’s information that Streams 1, 2 and 3 of the TECL were carried out in 2007. Stream 1 consisted in literary review and qualitative research on the worst forms of child labour in Namibia, especially focusing on: children used by adults to commit crimes; children trafficked for labour or sexual exploitation; children working as prostitutes. In this framework, focus group discussions and one-on-one interviews were held with various categories of children, such as children at school, working children, street children and children being held in prison. Various stakeholders, such as teachers, social workers, the police, prison and immigration officers, farm labourers and employers, were also interviewed. Stream 2 of the TECL consisted of three parts: (a) literary review on exploitative child labour, in Namibia and in the region; (b) policy review and analysis of Namibia’s policies and laws regarding child labour, particularly its worst forms; (c) preparation of a discussion document identifying Namibian child labour policy’s gaps as well as proposals to be incorporated in the APEC. The discussion document also included the key findings from Stream 1 research and questions regarding possible action steps to eliminate child labour in Namibia. Finally, Stream 3 of the TECL included a series of workshops aimed at discussing the research findings and recommending action steps for eliminating child labour in Namibia. The Committee notes the Government’s information that, in the TECL’s framework, further discussions are planned in order to assess the recommended action steps provided during the various workshops. After this consultation, the APEC will be drafted and approved. The Committee requests the Government to continue providing information on the implementation of the TECL, especially on the progress made towards the drafting of the APEC.

Article 7, paragraph 1. Sanctions. Following its previous comments, the Committee notes the Government’s information that, by virtue of section 3(6) of Act No. 15, 2004, the Labour Act, it is an offence for any person to employ, require or permit a child to work in any circumstances prohibited under section 3 (including hazardous work). A person who is convicted of this offence is liable to a fine not exceeding N$4,000 (around US$600) or to imprisonment for a period not exceeding 12 months or to both such a fine and imprisonment. The Committee also notes the Government’s information that the Labour Bill 2006 increases the fine to N$16,000 and/or four years’ imprisonment. The Committee takes due note of this information and requests the Government to provide a copy of the Labour Bill 2006 as soon as it has been enacted.

Paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children on the worst forms of child labour. Education. The Committee notes the Government’s information that article 20 of the Constitution and section 53 of the Education Act, 2001, state that school attendance is free and compulsory for every child from the year in which the child turns 7 until the year in which the child has either completed primary education, or attained the age of 16, whichever comes sooner. It also notes the Government’s information that section 38 of the Education Act states that all tuition provided for primary and special education in state schools must be provided free of charge. However, parents of learners are required to pay other fees to the School Development Fund which is to be used for facilities at school and improve educational, sports and cultural activities at school. The school board may exempt any parent from the payment of School Development Fund.

The Committee notes with interest the Government’s information that it has adopted a number of “policies and planning documents” to comply with the provisions of the Constitution and the Education Act, including the “Education for All (EFA) National Plan 2001–2015”. The EFA National Plan has identified six national priority objectives, amongst which are: (i) the expansion and improvement of early childhood care and education, especially for the most vulnerable and disadvantaged children; (ii) ensuring that by 2015 all children, particularly girls, children in difficult circumstances and belonging to ethnic minorities, have access to and complete free and compulsory primary education; (iii) eliminating gender disparities in primary and secondary education by 2015 and achieving gender equality in education by 2015 with focus on ensuring girls’ full and equal access to (and achievement of) basic education of good quality. The Committee further notes the Government’s information that the National Gender Policy of 1997 target girls who often have to manage both educational and domestic responsibilities which leads to poor academic performance and dropping out of school at an early age. It also notes the Government’s information that the National Policy on Orphans and Vulnerable Children (OVC) of 2004 outlines the importance of keeping orphans and other vulnerable children at school as being central to strengthening their capacity to meet their own needs. This policy commits the Government to ensuring that all relevant parties are informed about the allowable exemptions from payments to the School Development Fund for children who are unable to pay and that no learner shall be excluded from school due to the inability to pay. The Committee requests the Government to provide information on the implementation of these measures, especially the EFA National Plan, the National Gender Policy and the National Policy on OVC, and their impact on increasing school attendance rates and reducing drop-outs of girls and categories of disadvantaged children. The Committee also requests the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. 1. Child victims/orphans of HIV/AIDS. The Committee notes the Government’s information that the OVC policy documents states the Government’s commitment to minimize the number of children orphaned as well as the impact of HIV/AIDS on orphans and other vulnerable children in Namibia. The Committee requests the Government to provide information on the impact of the OVC policy on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour.

2. Other children in need. The Committee notes the Government’s information that the National Policy on OVC recognizes the Government’s responsibility for the protection and protection of essential services to orphans and other vulnerable children. In particular, the Government should ensure: the necessary policy and legal framework for the protection of children; adequate resources for agencies tasked with child protection; efficient and speedy access to financial assistance; education, health and other essential services, including the setting up of an appropriate system to identify vulnerable children. The Committee notes the Government’s information that through a cabinet directive the Government ordered the establishment of an autonomous trust fund to supplement state grants made available to OVC and their caregivers. The Committee notes the Government’s information that the National Policy on OVC identifies the extended family and social networks as the best care providers for OVC. The community is targeted as the second safety net for OVC. Community volunteers and outreach workers should be trained on home-based care and psychological support for OVC. The Committee finally notes that a number of child-related welfare grants are available in Namibia which have a bearing on the prevention or reduction of child labour by supporting vulnerable children and their families.

Article 8. International cooperation. The Committee had previously noted that the South African Development Community (SADC), of which Namibia is a member, has developed a SADC Draft Code on Child Labour, which was awaiting approval by the member States. The Committee notes the Government’s information that the SADC Employment and Labour Sector – which had ceased to exist after restructuring within the SADC – has been re-established and has met in February 2007 in Lusaka, Zambia. It also notes the Government’s information that the Reducing Exploitative Child Labour in Southern Africa (RECLISA) programme addresses the situation of children not being in school because of work. This programme aims to reduce the number of children engaged in the worst forms of child labour by increasing the number of children attending school. The Committee once again requests the Government to provide a copy of the SADC Draft Code on Child Labour as soon as it has been approved. It also requests the Government to provide information on the measures taken or envisaged by the SADC Employment and Labour Sector to eliminate the worst forms of child labour. The Committee finally requests the Government to provide information on the results achieved by the RECLISA programme.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, as a follow-up to the 1999 Child Activity Survey, the Ministry of Labour and Child Welfare conducted a Child Activity Survey in 2005. In this survey, more questions have been directed to the worst forms of child labour than in the 1999 survey. The Ministry is still in the process of finalizing the results of the survey and writing a report that is expected to be finalized in 2007. It also notes the Government’s information that under the TECL programme, qualitative research was conducted on the worst forms of child labour in Namibia, especially focusing on: children used by adults to commit crimes; children trafficked for labour or sexual exploitation; children working as prostitutes; children working in domestic work and agriculture and in the production of charcoal. Three separate reports were prepared containing the information obtained during the research. The Committee requests the Government to provide a copy of the 2005 survey as soon as it has been finalized. It also requests the Government to provide information on the results of the research conducted under the TECL programme. With regard to the provisions giving effect to the Convention, the Committee requests the Government to provide information on the number and nature of infringements reported and penal sanctions applied.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s statement, in its report, that the Ministry of Labour conducted a Namibia Child Activities Survey in 1999 with financial and technical support from the ILO and UNICEF. The objective of the survey was to provide baseline data on the activities of the child population in Namibia for planning, policy formulation and the implementation of government development programmes. It notes the Government’s indication that the findings of the survey were disseminated throughout the country by means of three workshops. During the workshops the participants were briefed on ILO Conventions Nos. 138 and 182. However, the Committee notes that the survey was not designed to measure the worst forms of child labour, other than on a number of hazardous forms. The Committee asks the Government to continue providing a general overview of the immediate and effective measures taken or envisaged to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 2. Definition of a child. The Committee notes the absence of information in the Government’s report on this point. However, it observes that the law does not provide for a comprehensive and unique definition of a child. Thus it observes that article 15(2) of the Constitution states that children under the age of 16 years are entitled to be protected from economic exploitation, and that section 42(a) of the Labour Act fixes a general minimum age for admission to employment of 14 years. Section 42(b)(i) of the Labour Act prohibits the employment of children between the ages of 14 and 15 years from working in or on any mine or other work performed with a view to mining or winning, or prospecting for, any minerals; and in other specific activities listed therein. Section 42(c) of the Labour Act also prohibits the employment of any child between the ages of 15 and 16 years in an underground mine. Recalling that, under this Article of the Convention, the term "child" shall apply to all persons under the age of 18, the Committee requests the Government to take the necessary measures to harmonize the provisions of its legislation and to ensure that the term "child" shall apply to all persons under 18 years of age for the purposes of the Convention.

Article 3. Worst forms of child labour. Clause (a). 1. Forced or compulsory labour. The Committee observes that article 9 of the Constitution prohibits anyone from being held in "slavery or servitude", as well as forced labour. It further notes that section 108(1) of the Labour Act states that any person who causes, permits, or requires any other person to perform forced labour shall be guilty of an offence and be liable for the penalties which may be imposed by the law for abduction. It observes that under section 108 of the Labour Act, there is a special reference to children. Thus any work performed by a child under the age of 18 years for an employee of an employer in terms of any arrangement or scheme in any undertaking, who is for any reason required to perform such work in the interest of such employer is considered as forced labour under section 108(2)(b) of the Labour Act. The Committee requests the Government to provide information on penalties for violations of the law for abduction and the manner in which the prohibitions of slavery and forced labour of article 15 of the Constitution and section 108 of the Labour Act are applied in practice.

2. Sale and trafficking of children. The Committee notes the absence of information in the Government’s report on the sale and trafficking of children. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the sale and trafficking of children, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

3. Armed conflict. The Committee notes the absence of information in the Government’s report on the forced recruitment of children for armed conflict. The Committee asks the Government to provide information on legislation regulating the enlisting in military service and recruitment in armed conflict. It also requests the Government to supply a copy of relevant legislation.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that the Sexual Offences Act No. 23 of 1957, seems to prohibit prostitution, the keeping of a brothel and the act by which a woman or a girl is procured to become a prostitute. The Committee asks the Government to provide a copy of the Sexual Offences Act, No. 23 of 1957 and to provide information on the application of this text in practice.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this issue. However it observes that section 14 of the Combating of Immoral Practices Act, 1980, seems to prohibit a male from soliciting or enticing a girl to commit an immoral or indecent act and provides for sanctions. The Committee requests the Government to provide information on the definition of an immoral and indecent act and whether a similar provision exists for boys. It also asks the Government to provide a copy of the Combating of Immoral Practices Act, 1980, and any other relevant legislation prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such an activity is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes the Government’s indication, in its report that, according to article 15(3) of the Constitution, children under the age of 14 years shall not be employed in factories or mines, save under the conditions and circumstances regulated by Act of Parliament. It also observes that article 15(2) of the Constitution provides that children are entitled to be protected from economic exploitation, and shall not be "employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral, or social development". The Committee observes that the Constitution defines "children" as those under the age of 16 years. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 of the Worst Forms of Child Labour Recommendation (No. 190), 1999. In this regard, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee notes that the national legislation does not seem to prohibit the employment of persons under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee therefore requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, No. 190. The Committee requests the Government to inform it of developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the Government’s statement, in its report, that the Namibia Child Activities Survey, 1999 identifies where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee notes that the Survey provides information on the types of activity or work performed by children but does not provide information on where work likely to harm the health, safety or morals of children exists. The Committee reminds the Government that according to Article 4, paragraph 2 of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. The Committee notes the Government’s indication, in its report, that the Ministry of Labour (Directorate of Labour Services and the Office of the Labour Commissioner) is responsible for monitoring the implementation of the national legislation giving effect to the Convention. The Government also indicates that the Directorate has a system of labour and safety inspections decentralized throughout the country; inspectors carry out routine and follow-up inspections to ensure the implementation of the Labour Act. The Committee asks the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply reports or documents drafted by the Labour Inspectorate.

2. The Committee notes that the Ministry of Labour and Human Resources Development appointed a "Commission of Inquiry into Labour Related Matters affecting Agricultural Employees and Domestic Employees". It notes that the Commission of Inquiry is in charge of reporting and making recommendations related to the employment of children contrary to the provisions of article 15 of the Namibian Constitution. The Committee asks the Government to provide information on the findings of this Commission of Inquiry with regard to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that, due to the absence of the worst forms of child labour in Namibia, it does not need to design any special programmes to eliminate them. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Namibia.

Article 7, paragraph 1. Sanctions. The Committee notes the Government’s statement that penal and other sanctions are not considered as necessary since the worst forms of child labour do not exist in Namibia. The Committee nonetheless observes that for the employment of children contrary to section 42 of the Labour Act, section 44 of the Labour Act provides for the powers of the district labour court in case of contraventions and failure to comply. Upon receipt of a complaint, the district labour court may issue an order to the employer to discontinue the employment of the child in question to the extent specified in the order. It also notes that section 23 of the Labour Act provides that any person who contravenes or fails to comply with an order of the Labour Court or district labour court shall be guilty of an offence and on conviction be liable to the penalties which may by law be imposed for contempt of court. The Committee notes that article 25 of the Constitution provides that those who have constitutional claims related to the violation of child labour rights may approach the Namibian courts and/or an ombudsman for assistance or relief. Regarding the sanctions applicable to the use, procuring or offering of a child for prostitution or pornography, the Committee requests the Government to provide a copy of the Penal Code, the Sexual Offences Act and the Combating Immoral Practices Act, in order to assess penalties regarding these offences. The Committee also requests the Government to provide information on the applicable sanctions for violations of section 42 of the Labour Act.

Paragraph 2. Time-bound measures. The Committee takes note of the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children in the worst forms of child labour; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(a), (b) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Clause (c). Access to free basic education. The Committee notes that according to the report of the Ministry of Basic Education, Sport and Culture of July 2001 on the development of education, 91 per cent of children aged 7 to 13 were enrolled in school, and that the enrolment rate decreased to 45.5 per cent for children aged 14 to 18. The Committee notes that the Ministry launched, in April 2001, a five-year strategic plan aimed at improving the quality of education, providing primary education to children from marginalized groups, and increasing the efficiency and effectiveness of the educational system. The Committee asks the Government to keep it informed of the findings and measures taken pursuant to the five-year strategic plan on education, especially regarding access to primary education of children from marginalized groups and vocational training for children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Labour Inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. The Committee requests the Government to provide information on the body responsible for monitoring the implementation of the Penal Law giving effect to the Convention, especially the Penal Code, the Sexual Offences Act and the Combating Immoral Practices Act.

Article 8. International cooperation. The Committee notes that the Government’s report indicates that the South African Development Community (SADC), of which Namibia is a member, has developed a SADC Draft Code on Child Labour, which is awaiting approval by the member States. The Committee also notes that Namibia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It observes that the Government signed, in 2002, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and ratified ILO Convention No. 29 on forced labour in 2000. The Government’s report also acknowledges that the Namibia Child Activities Survey was created through the financial and technical assistance of UNICEF and the ILO. The Committee asks the Government to continue to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention. It also requests the Government to provide information on the adoption of a Code on Child Labour by the South African Development Community and to provide a copy of it as soon as it is adopted.

Part IV of the report form. The Committee notes the Government’s indication that it faces difficulties in enforcing the Convention due to a relatively small population and a geographically large country. It makes it difficult for labour inspections to be carried out throughout the country on a regular basis due to the limited resources at the disposal of the Ministry of Labour. The Committee asks the Government to indicate any measures taken or envisaged to facilitate regular labour inspections and encourages it to continue to provide information on any practical difficulties encountered in the application of the Convention, or any factors which may prevent or delay actions against the worst forms of child labour.

Part V. Application in practice. The Committee notes with interest that the Government supplied the Namibia Child Activities Survey of 1999 which provides information and statistical data on child labour. It also notes the Government’s statement, in its report, that inspectors who find employers in violation of the Labour Act inform him/her on how to rectify the problem and then conduct a follow-up visit. The Government’s report also includes a chart entitled "Inspections carried out between 1 April 2003 to 30 June 2003" which indicated that a total of 855 establishments were inspected involving 12,211 workers. Inspections were carried out in agriculture; construction; and the hotel, restaurant and catering services and concerned overtime, work on Sundays and public holidays, payment of remuneration, and annual leave. The Committee would be grateful if the Government could provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, and penal sanctions applied.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first and second reports, and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s statement, in its report, that the Ministry of Labour conducted a Namibia Child Activities Survey in 1999 with financial and technical support from the ILO and UNICEF. The objective of the survey was to provide baseline data on the activities of the child population in Namibia for planning, policy formulation and the implementation of government development programmes. It notes the Government’s indication that the findings of the survey were disseminated throughout the country by means of three workshops. During the workshops the participants were briefed on ILO Conventions Nos. 138 and 182. However, the Committee notes that the survey was not designed to measure the worst forms of child labour, other than on a number of hazardous forms. The Committee asks the Government to continue providing a general overview of the immediate and effective measures taken or envisaged to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency.

Article 2. Definition of a child. The Committee notes the absence of information in the Government’s report on this point. However, it observes that the law does not provide for a comprehensive and unique definition of a child. Thus it observes that article 15(2) of the Constitution states that children under the age of 16 years are entitled to be protected from economic exploitation, and that section 42(a) of the Labour Act fixes a general minimum age for admission to employment of 14 years. Section 42(b)(i) of the Labour Act prohibits the employment of children between the ages of 14 and 15 years from working in or on any mine or other work performed with a view to mining or winning, or prospecting for, any minerals; and in other specific activities listed therein. Section 42(c) of the Labour Act also prohibits the employment of any child between the ages of 15 and 16 years in an underground mine. Recalling that, under this Article of the Convention, the term "child" shall apply to all persons under the age of 18, the Committee requests the Government to take the necessary measures to harmonize the provisions of its legislation and to ensure that the term "child" shall apply to all persons under 18 years of age for the purposes of the Convention.

Article 3. Worst forms of child labour. Clause (a). 1. Forced or compulsory labour. The Committee observes that article 9 of the Constitution prohibits anyone from being held in "slavery or servitude", as well as forced labour. It further notes that section 108(1) of the Labour Act states that any person who causes, permits, or requires any other person to perform forced labour shall be guilty of an offence and be liable for the penalties which may be imposed by the law for abduction. It observes that under section 108 of the Labour Act, there is a special reference to children. Thus any work performed by a child under the age of 18 years for an employee of an employer in terms of any arrangement or scheme in any undertaking, who is for any reason required to perform such work in the interest of such employer is considered as forced labour under section 108(2)(b) of the Labour Act. The Committee requests the Government to provide information on penalties for violations of the law for abduction and the manner in which the prohibitions of slavery and forced labour of article 15 of the Constitution and section 108 of the Labour Act are applied in practice.

2. Sale and trafficking of children. The Committee notes the absence of information in the Government’s report on the sale and trafficking of children. The Committee recalls that, by virtue of Article 3(c) of the Convention, such activities are considered to be one of the worst forms of child labour and are therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the sale and trafficking of children, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

3. Armed conflict. The Committee notes the absence of information in the Government’s report on the forced recruitment of children for armed conflict. The Committee asks the Government to provide information on legislation regulating the enlisting in military service and recruitment in armed conflict. It also requests the Government to supply a copy of relevant legislation.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that the Sexual Offences Act No. 23 of 1957, seems to prohibit prostitution, the keeping of a brothel and the act by which a woman or a girl is procured to become a prostitute. The Committee asks the Government to provide a copy of the Sexual Offences Act, No. 23 of 1957 and to provide information on the application of this text in practice.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this issue. However it observes that section 14 of the Combating of Immoral Practices Act, 1980, seems to prohibit a male from soliciting or enticing a girl to commit an immoral or indecent act and provides for sanctions. The Committee requests the Government to provide information on the definition of an immoral and indecent act and whether a similar provision exists for boys. It also asks the Government to provide a copy of the Combating of Immoral Practices Act, 1980, and any other relevant legislation prohibiting the use, procuring or offering of a child for the production of pornography or for pornographic performances.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee recalls that, by virtue of Article 3(c) of the Convention, such an activity is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on measures taken or envisaged to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs, and sanctions envisaged. It also requests the Government to supply a copy of relevant legislation.

Clause (d), and Article 4, paragraph 1. Hazardous work. The Committee notes the Government’s indication, in its report that, according to article 15(3) of the Constitution, children under the age of 14 years shall not be employed in factories or mines, save under the conditions and circumstances regulated by Act of Parliament. It also observes that article 15(2) of the Constitution provides that children are entitled to be protected from economic exploitation, and shall not be "employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral, or social development". The Committee observes that the Constitution defines "children" as those under the age of 16 years. The Committee reminds the Government that, by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraphs 3 of the Worst Forms of Child Labour Recommendation (No. 190), 1999. In this regard, the Committee draws the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation No. 190, which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee notes that the national legislation does not seem to prohibit the employment of persons under 18 years of age in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee therefore requests the Government to indicate the steps taken or envisaged to determine the types of work to be considered as hazardous in consultation with the organizations of employers and workers concerned, in conformity with Articles 3(d) and 4 of the Convention. In determining the types of work to be considered as hazardous, the Committee trusts that the Government will take into consideration the types of work enumerated in Paragraph 3 of the Worst Forms of Child Labour Recommendation, No. 190. The Committee requests the Government to inform it of developments in this regard.

Paragraph 2. Identification of hazardous work. The Committee notes the Government’s statement, in its report, that the Namibia Child Activities Survey, 1999 identifies where work that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children, exists. The Committee notes that the Survey provides information on the types of activity or work performed by children but does not provide information on where work likely to harm the health, safety or morals of children exists. The Committee reminds the Government that according to Article 4, paragraph 2 of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Article 5. Monitoring mechanisms. 1. The Committee notes the Government’s indication, in its report, that the Ministry of Labour (Directorate of Labour Services and the Office of the Labour Commissioner) is responsible for monitoring the implementation of the national legislation giving effect to the Convention. The Government also indicates that the Directorate has a system of labour and safety inspections decentralized throughout the country; inspectors carry out routine and follow-up inspections to ensure the implementation of the Labour Act. The Committee asks the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention. It also asks the Government to supply reports or documents drafted by the Labour Inspectorate.

2. The Committee notes that the Ministry of Labour and Human Resources Development appointed a "Commission of Inquiry into Labour Related Matters affecting Agricultural Employees and Domestic Employees". It notes that the Commission of Inquiry is in charge of reporting and making recommendations related to the employment of children contrary to the provisions of article 15 of the Namibian Constitution. The Committee asks the Government to provide information on the findings of this Commission of Inquiry with regard to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement, in its report, that, due to the absence of the worst forms of child labour in Namibia, it does not need to design any special programmes to eliminate them. The Committee reminds the Government that even where the worst forms of child labour appear to be non-existent, the Convention requires ratifying member States to take measures to determine whether such forms of child labour exist and to ensure that they will not arise in the future. In this context, the Committee requests the Government to indicate what steps it envisages, in consultation with workers’ and employers’ organizations and taking into account the views of other concerned groups, to ensure that the worst forms of child labour do not exist or arise in Namibia.

Article 7, paragraph 1. Sanctions. The Committee notes the Government’s statement that penal and other sanctions are not considered as necessary since the worst forms of child labour do not exist in Namibia. The Committee nonetheless observes that for the employment of children contrary to section 42 of the Labour Act, section 44 of the Labour Act provides for the powers of the district labour court in case of contraventions and failure to comply. Upon receipt of a complaint, the district labour court may issue an order to the employer to discontinue the employment of the child in question to the extent specified in the order. It also notes that section 23 of the Labour Act provides that any person who contravenes or fails to comply with an order of the Labour Court or district labour court shall be guilty of an offence and on conviction be liable to the penalties which may by law be imposed for contempt of court. The Committee notes that article 25 of the Constitution provides that those who have constitutional claims related to the violation of child labour rights may approach the Namibian courts and/or an ombudsman for assistance or relief. Regarding the sanctions applicable to the use, procuring or offering of a child for prostitution or pornography, the Committee requests the Government to provide a copy of the Penal Code, the Sexual Offences Act and the Combating Immoral Practices Act, in order to assess penalties regarding these offences. The Committee also requests the Government to provide information on the applicable sanctions for violations of section 42 of the Labour Act.

Paragraph 2. Time-bound measures. The Committee takes note of the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children in the worst forms of child labour; (b) providing the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; and (e) taking into account the special situation of girls. The Committee requests the Government to supply information on actions taken or envisaged, as required under Article 7(2)(a), (b) and (e) of the Convention, to prevent the potential occurrence of the worst forms of child labour and assist the removal and rehabilitation of children from the worst forms of child labour.

Clause (c). Access to free basic education. The Committee notes that according to the report of the Ministry of Basic Education, Sport and Culture of July 2001 on the development of education, 91 per cent of children aged 7 to 13 were enrolled in school, and that the enrolment rate decreased to 45.5 per cent for children aged 14 to 18. The Committee notes that the Ministry launched, in April 2001, a five-year strategic plan aimed at improving the quality of education, providing primary education to children from marginalized groups, and increasing the efficiency and effectiveness of the educational system. The Committee asks the Government to keep it informed of the findings and measures taken pursuant to the five-year strategic plan on education, especially regarding access to primary education of children from marginalized groups and vocational training for children removed from the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. The Committee observes that the pandemic of HIV/AIDS has consequences on child victims of AIDS and orphans who might more easily engage in the worst forms of child labour. The Committee requests the Government to provide information on measures envisaged or taken to address the situation of these children.

Paragraph 3. Designation of the authority responsible for the implementation of the provisions giving effect to the Convention. The Committee notes that the Labour Inspectorate is the competent authority for the implementation of the national labour legislation related to the worst forms of child labour. The Committee requests the Government to provide information on the body responsible for monitoring the implementation of the Penal Law giving effect to the Convention, especially the Penal Code, the Sexual Offences Act and the Combating Immoral Practices Act .

Article 8. International cooperation. The Committee notes that the Government’s report indicates that the South African Development Community (SADC), of which Namibia is a member, has developed a SADC Draft Code on Child Labour, which is awaiting approval by the member States. The Committee also notes that Namibia is a member of Interpol which helps cooperation between countries in the different regions especially in the fight against trafficking of children. It observes that the Government signed, in 2002, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution, and child pornography and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, and ratified ILO Convention No. 29 on forced labour in 2000. The Government’s report also acknowledges that the Namibia Child Activities Survey was created through the financial and technical assistance of UNICEF and the ILO. The Committee asks the Government to continue to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention. It also requests the Government to provide information on the adoption of a Code on Child Labour by the South African Development Community and to provide a copy of it as soon as it is adopted.

Part IV of the report form. The Committee notes the Government’s indication that it faces difficulties in enforcing the Convention due to a relatively small population and a geographically large country. It makes it difficult for labour inspections to be carried out throughout the country on a regular basis due to the limited resources at the disposal of the Ministry of Labour. The Committee asks the Government to indicate any measures taken or envisaged to facilitate regular labour inspections and encourages it to continue to provide information on any practical difficulties encountered in the application of the Convention, or any factors which may prevent or delay actions against the worst forms of child labour.

Part V of the report form. The Committee notes with interest that the Government supplied the Namibia Child Activities Survey of 1999 which provides information and statistical data on child labour. It also notes the Government’s statement, in its report, that inspectors who find employers in violation of the Labour Act inform him/her on how to rectify the problem and then conduct a follow-up visit. The Government’s report also includes a chart entitled "Inspections carried out between 1 April 2003 to 30 June 2003" which indicated that a total of 855 establishments were inspected involving 12,211 workers. Inspections were carried out in agriculture; construction; and the hotel, restaurant and catering services and concerned overtime, work on Sundays and public holidays, payment of remuneration, and annual leave. The Committee would be grateful if the Government could provide information on the worst forms of child labour, including for example copies or extracts from official documents including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, and penal sanctions applied.