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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.

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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.

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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.

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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.