Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

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

Article 2 of the Convention. Right to organize of prison staff. The Committee recalls that it had previously noted that section 2(2)(d) of the Labour Act excluded members of the Namibian prison service from the Labour Act’s provisions unless the Prisons Service Act provided otherwise. The Committee had further noted that the Prisons Service Act did not provide for the extension of the new Labour Act’s guarantees to the Namibian prison service; nor did it contain any provisions establishing their freedom of association rights. The Committee requested the Government to provide information on the legislative amendments adopted to ensure that prison staff have the right to establish and join organizations for furthering and defending their interests. The Committee notes the Government’s indication that the final report of the Tripartite Task Force proposes the deletion of section 2(2)(d) of the Labour Act and that the final report would be submitted to the minister before December 2021. The Committee requests the Government to take all necessary steps to expedite the process for adoption of legislative amendments to ensure that the prison services enjoy the guarantees under the Convention without further delay. The Committee once again requests the Government to provide information on any progress in this regard.