CMNT_TITLE

Minimum Age Convention, 1973 (No. 138) - Namibia (RATIFICATION: 2000)

Other comments on C138

Observation

Direct Request

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Article 1 of the Convention. National policy. The Committee previously noted the establishment of an Inter-ministerial Committee on child labour by the Ministry of Labour, Industrial Relations and Employment Creation, and requested the Government to provide information on the initiatives taken by this Committee to eliminate child labour and the results achieved.

The Government indicates in its report that the Inter-ministerial Committee on child labour comprises, inter alia, the Ministry of Gender Equality and Child Welfare, and the Ministry of Safety and Security. The Government states that the Inter-ministerial Committee has adopted its terms of reference and is currently implementing its 2018–19 Activity Plan, to work towards the elimination of child labour. The Government also indicates that the members of the Inter-ministerial Committee on child labour were trained on issues related to child labour, with ILO assistance. The Committee requests the Government to specify how the Inter-ministerial Committee works to effectively eliminate child labour, and to provide information concerning the implementation of its Activity Plan (2018–19), including the results achieved in eliminating child labour.

Article 2(1). Scope of application, labour inspection and application of the Convention in practice. In its previous comments, the Committee noted that the Labour Act applies only to “employers” and “employees” (pursuant to section 2(1) and (2)). It noted that, according to the Namibia Child Activities Survey of 2005, approximately 31 per cent of children between the ages of 6 and 17 were working on a self-employed basis and that 94.5 per cent of all children engaged in an economic activity did so without remuneration. It also noted from a study on child labour in the agricultural sector of 2011, that of the 15 per cent of children aged between ten and 17 years working on a full-time basis, approximately 82 per cent worked in the subsistence farming sector, while 17 per cent worked on commercial farms. The Government indicated that it had increased the number of labour inspectors, and that the number of labour inspections carried out both in the formal and informal sectors had also increased. The Committee however noted that labour inspections are mainly conducted in the formal economy, and that in the informal economy the inspectorate division gives education visits and advice on labour issues. The Government further stated that inspections are being carried out in the agricultural sector, and according to the latest inspection reports, no violations concerning child labour were detected. The Committee urged the Government to strengthen labour inspection services so as to improve the labour inspectorate’s capacity to identify instances of child labour in the informal economy, including in the agricultural sector and requested the Government to provide information on the number and nature of violations relating to the employment of children and young persons detected by the labour inspectorate and the penalties imposed.

The Committee notes the Government’s indication that a training of all labour inspectors was organized in 2016, with ILO support. The training aimed at building capacities for labour inspectors and other stakeholders on domestic work and child labour. The Government states that it continues to conduct targeted inspections and investigations and that no child labour has been found in the 2016–17 financial year. Moreover, the Government indicates that a telephone number (SMS line) has been made available to domestic workers and children to report any labour complaints. The Committee notes the Government’s indication that the Ministry runs awareness campaigns in the form of consultative stakeholders meetings throughout the country. The Government also indicates that a child labour survey is expected to be launched in 2019, within the framework of the Decent Work Country Programme 2018–23.

The Committee notes that, according to the Decent Work Results 2016–17 of the ILO, the Ministry of Industrial Relations, Labour and Employment Creation developed, in October 2016, an Action Plan (2017–19) for the labour inspectorate to improve inspections, particularly in relation to the elimination of child labour. The Decent Work Results 2016–17 also indicate that a National Employment Report, including the proportion and number of children aged 5–17 years engaged in child labour, was prepared and disseminated. The Committee encourages the Government to pursue its efforts to protect children from child labour, particularly in the informal economy. It requests the Government to provide information on the concrete impact of the Labour Inspectorate Action Plan and of the SMS line in identifying instances of child labour, including the number and nature of violations relating to the employment of children detected. The Committee also requests the Government to provide a copy of the National Employment Report as well as the results of the Child Labour Survey, once it has been completed.

Article 7. Light work. In its previous comments, the Committee noted that the national legislation did not authorize light work. The Committee observed that the Government had developed and submitted a list of light work activities to the Labour Advisory Council for its consideration. It noted that the regulations on light work would be adopted following the approval of the list of light work activities.

The Committee notes the Government’s indication that regulations regarding the determination of light work activities permitted to young persons as well as the number of hours during which and the conditions under which such employment may be undertaken are still under consideration. The Committee expresses the firm hope that the above-mentioned regulations will be adopted soon, so as to regulate light work activities for children between 12 and 14 years of age. It requests the Government to provide a copy of the regulations on light work, once adopted.