Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that no report has been received from the Government. 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 following matters raised in its previous direct request:

The Committee requests the Government to supply, with its next report, copies of the updated and consolidated text of the Criminal Procedure Act; laws and regulations governing the execution of criminal sentences; the Defence Force Act and other acts governing disciplined forces, as well as additional information on the following points.

Article 2(2)(a) of the Convention. Please indicate what guarantees are provided to ensure that services exacted from members of the defence forces are used for purely military ends. Please also supply copies of provisions governing alternative (non-military) service in the case of persons who have conscientious objections to serving as members of the defence force, to which reference is made in article 9(3)(c) of the Constitution of the Republic of Namibia. Please indicate any provisions applicable to military officers and other career members of disciplined forces, as regards their right to leave the service, in time of peace, at their own request, either at certain reasonable intervals or by means of notice of reasonable length.

Article 2(2)(c). 1. The Committee has noted from article 9(3)(a) of the Namibian Constitution that the expression "forced labour" does not include any labour required in consequence of a sentence or order of a court. The Committee recalls that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law. It refers to the explanations in paragraph 94 of its General Survey of 1979 on the abolition of forced labour, in which it pointed out that this provision aims at ensuring that penal labour will not be imposed unless the guarantees laid down in the general principles of law recognized by the community of nations are observed, such as the presumption of innocence, equality before the law, regularity and impartiality of proceedings, independence and impartiality of courts, guarantees necessary for defence, clear definition of the offence and non-retroactivity of penal law. The Committee requests the Government to clarify the meaning and the scope of an "order of a court" (as opposed to a sentence in criminal proceedings), under which the exaction of forced labour may be required, supplying sample copies of relevant orders, and to provide information on measures taken or envisaged to ensure the observance of the Convention on this point.

2. Please indicate what guarantees are provided to ensure that convicted persons are not hired to or placed at the disposal of private individuals, companies or associations. Please also provide information on provisions governing the work of convicted persons and supply copies of relevant texts.

Article 2(2)(b) and (e). The Committee has noted from article 9(3)(e) of the Namibian Constitution that the expression "forced labour" does not include any labour reasonably required as part of reasonable and normal communal or other civic obligations. Please describe such "normal communal and other civic obligations" and supply copies of relevant provisions.

Article 25. The Committee has noted the provisions of section 4(3) of the Labour Act, 2004, punishing the illegal exaction of forced labour with the penalties of imprisonment and fines. Please provide information on any legal proceedings which have been instituted as a consequence of the application in practice of this section of the Labour Act and on any penalties imposed, supplying copies of relevant court decisions.