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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Namibia (Ratification: 1995)

The Committee takes note of the Government’s reply to the observations of the International Trade Union Confederation (ITUC) received on 1 September 2017, alleging violations of the Convention in specific enterprises and public institutions.

Articles 1 and 4 of the Convention. Adequate protection against anti-union discrimination and promotion of collective bargaining in export processing zones (EPZs). The Committee previously requested the Government to indicate the concrete measures taken to prohibit anti-union discrimination and promote collective bargaining in EPZs and to provide statistics in this respect. The Committee notes that the Government limits itself to indicating that no complaints alleging anti-union discrimination in EPZs were referred to the Office of the Labour Commissioner (administrative authority). Recalling that the Convention fully applies to EPZs, the Committee requests the Government once again to take specific action to ensure the application of Articles 1 and 4 of the Convention in EPZs and to provide relevant information and statistics on any progress in this regard.

Article 6. Rights of prison staff.The Committee, in its previous observation, expressed its expectation and firm hope that the Government would ensure that prison staff enjoy the rights enshrined in the Convention. The Committee welcomes the Government’s indication that the Tripartite Task Force, responsible for the review of the Labour Act, intends, in order to ensure the conformity of the Act with the Convention, to delete section 2(d) that excludes the prison service from its scope of application. The Committee hopes that the proposed amendment will be adopted soon, and that it will ensure the right of prison staff to enjoy the guarantees under the Convention. The Committee requests the Government to provide information on any progress in this regard.

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