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 designed to ensure the effective abolition of child labour. The Committee previously noted the adoption of the Action Programme to Eliminate Child Labour in Namibia 2008–12 (APEC 2008–12), consisting of 170 specific action steps. The Committee also noted that the ILO–IPEC project entitled “Towards the elimination of the worst forms of child labour (TECL), Phase II: Supporting and monitoring the implementation of national plans of action in the three core countries in southern Africa” began in 2009, and was expected to continue until March 2012.

The Committee notes the Government’s statement that the Ministries of Education, Gender Equality and Child Welfare are currently working on plans to streamline the child labour action steps for these Ministries, and to establish monitoring frameworks for this purpose. The Committee also notes the Government’s indication that some teachers received training with regard to the identification of children who are involved in child labour, and the promotion of education. In this respect, the Government indicates that a training manual on child labour was developed to use in workshops targeting teachers in schools, education managers and law enforcement officers. With regard to the TECL II project, the Government indicates that one of the implementing agencies for this project, the Legal Aid Centre, was contracted to address child labour in Oshikoto, Oshana, Ohangwena, Caprivi and Kavango regions, through the training and appointment of volunteers as child watch monitors. The main activities of these volunteers are the identification of cases of children for measures related to the prevention of child labour, as well as for their withdrawal and rehabilitation. The Government states that these activities are implemented 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 child labour issues received significant media coverage as a result of the many interventions of the TECL II. Moreover, this report indicates that the Ministry of Education is engaging in a series of consultations towards the development of an education sector policy on child labour and that the National Union of Namibian Workers has developed a draft policy on child labour. Taking due note of the measures taken, the Committee strongly encourages the Government to pursue its efforts, within the framework of the APEC 2008–12 and the TECL II, towards the effective reduction and elimination of child labour. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

Article 2(1). Scope of application. The Committee previously noted that the Labour Act, and its provisions pertaining to the minimum age of employment, only applied to “employers” and “employees” (pursuant to section 2(1) and (2) of the Labour Act). It therefore observed that the Labour Act does not apply to children working in the informal economy or those working on an unpaid or self-employed basis. In this regard, the Committee noted the Government’s statement that labour inspections were carried out in both the formal and informal sectors, and that the APEC 2008–12 included measures to address child labour in both the formal and informal sectors. However, the Committee noted that, according to the Namibia Child Activities Survey (NCAS) of 2005, approximately 31 per cent of persons between the ages of 6 and 17 were working on their own account or on a self-employed basis and that 94.5 per cent of all children engaged in economic activity did so without remuneration.

The Committee notes with interest the Government’s statement that the Ministry of Labour and Social Welfare has increased the number of labour inspections performed at the national level in both the formal and informal sectors, as well as the number of labour inspectors to conduct these inspections. The Government also indicates 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. Recalling that the Convention applies to all forms of work or employment, the Committee requests the Government to provide information on the impact of the increased number of labour inspections in the informal economy with regard to ensuring that self-employed children and children working in the informal economy are provided the protection established in the Convention.

Article 3(2). Determination of types of hazardous work. The Committee previously noted that the Labour Act states that children between the ages of 14 and 16 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 also noted that, pursuant to section 3(4) of the Labour Act, the prohibition contained in section 3(3)(d) also applies to persons between the ages of 16 and 18, unless the Minister makes regulations to permit employment in those types of hazardous work. In this regard, the Committee noted the Government’s statement that no regulations had been issued to permit persons under 18 from participating in hazardous work.

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 TECL 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 encourages the Government to take measures to ensure the elaboration and adoption of regulations containing a further determination of prohibited types of hazardous work for persons under 18. It requests the Government to provide a copy of the relevant regulations, once adopted.

Article 7. Light work. In its previous comments, the Committee noted that the national legislation does not authorize light work. However, it noted that according to the NCAS of 2005, 75 per cent of children between the ages of 12 and 14 were engaged in some form of economic activity, and that the majority of these children combined this work with school. In this regard, the Committee noted the Government’s statement that, with the assistance of ILO–IPEC through the TECL II, it was envisaged that light work would be defined, in order to provide for appropriate regulations.

The Committee notes the Government’s statement that a list of light work was developed with the assistance of ILO–IPEC through the TECL II programme. The Government indicates that this list was submitted to the Tripartite Labour Advisory Council for its consideration and recommendation to the Minister of Labour and Social Welfare for further action. The Committee encourages the Government to pursue its efforts with regard to developing regulations to determine light work activities permissible for young persons between the ages of 12 and 14, as well as the number of hours during which and the conditions in which such employment or work may be undertaken. It requests the Government to continue to provide information on progress made in this regard, and to provide a copy of the relevant regulations, once adopted.

Part III of the report form. Labour inspection. Agricultural work. The Committee previously noted the Government’s indication that in August 2009 the Ministry of Labour and Social Welfare initiated investigations into the occurrence of child labour in the agricultural sector, in both commercial and communal farms. Eight teams carried out investigations in nine of Namibia’s 12 administrative regions and more than 111 cases of child labour were detected. Compliance orders were issued to employers who were found to be employing children in contravention of the Labour Act. The inspection teams also undertook follow-up inspections at the expiry of the 30-day period, to verify the compliance of the employer and, in cases of non-compliance, the Namibian police investigated and criminal charges were laid. However, the Committee noted the information in the APEC 2008–12 that, although most labour inspections carried out by the Ministry of Labour and Social Welfare occurred in commercial agriculture, more children work in subsistence agriculture than commercial farming.

The Committee notes the information in the Government’s report that the Ministry of Labour and Social Welfare, through its Inspectorate division, conducted joint child labour follow-up inspections in the agricultural sector. These follow-up inspections were conducted by teams which included labour inspectors, social workers, police officers and staff from the Ministry of Education. The Government indicates that such inspections were carried out in nine regions of the country where child labour had been identified as prevalent during the investigations conducted in 2009. The Government further indicates that the aim of these follow-up inspections was to withdraw children engaged in child labour activities, to issue compliance orders, to lay criminal charges against those employers who were found to persist in employing children as prohibited by the Labour Act and to create public awareness against child labour through the media. The Government states that three criminal cases were opened against employers failing to comply with the orders previously issued. The Committee further notes the information in the Government’s report that the follow-up inspections revealed that 90 per cent of employers had complied with the order issued during the 2009 inspections. The Committee requests the Government to pursue its efforts to conduct inspections in the agricultural sector, including in subsistence agriculture, and to continue to provide information on the results achieved in this regard.

Part V of the report form. Application of the Convention in practice. Child labour in the agricultural sector. The Committee previously noted that, regarding the cases of child labour detected through the investigations of the Ministry of Labour and Social Welfare in agriculture, most such cases involved parents employed in farms who allowed their children to work with them. This practice was condoned by farm owners and these children did generally not attend school. The Committee also noted that most farm owners perceived child labour as cheap labour, as they remunerate these children below the minimum wage for agricultural work. Noting that the APEC 2008–12 contained action steps to address child labour in this sector, the requested information on the results achieved in this regard.

The Committee notes the Government’s statement that a study on child labour in the agriculture sector is under way. The Committee also notes the information in the Government’s report that the follow-up inspections undertaken by the Ministry of Labour and Social Welfare revealed that in most communities, employers and parents lacked knowledge and information on the prohibition and restriction of child labour, and that the lack of schools and boarding facilities close to farms and villages were obstacles to children’s school attendance. The inspections also revealed that difficulties were experienced in the placement of children in places of safety following their withdrawal from child labour, and that poverty was the main cause of child labour, particularly among children from poor families who lived on farms. The Committee urges the Government to redouble its efforts, within the framework of the APEC 2008–12, to reduce the economic exploitation of children in the agricultural sector, and to facilitate access to education for children in rural areas. It requests the Government to continue to provide information on measures taken to prevent and eliminate child labour in the agricultural sector, and to provide information on the results achieved. Lastly, it requests the Government to provide information from the study on child labour in agriculture, once completed.

Namibia Child Activities Survey. The Committee previously noted the information in the NCAS of 2005 that 71.9 per cent of children surveyed aged 6 to 17 were found to be working, mostly in rural areas. It noted with concern the large number of children under the minimum age of 14 who were engaged in economic activities. It noted that, although most of these working children still attended school, a large number of children were working below the minimum age, including 73.4 per cent of 10-year-olds surveyed. The Committee noted that the most common forms of work performed were unpaid water collection, firewood collection and preparation of food/mahangu pounding, and that most children were employed in private households.

The Committee notes the information in an ILO–IPEC report on the TECL II from April 2011 that a new National Child Activities Survey was conducted in October 2010 by the Ministry of Labour and Social Welfare. The Committee requests the Government to provide information from the 2010 National Child Activities Survey in its next report, including information on the employment of children and young persons, particularly the number of children under the minimum age of 14 who are engaged in economic activities.