Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Sexual harassment. The Committee notes that a definition of sexual harassment similar to that in the 2004 Act has been included in the Labour Act, 2007. The Committee requests the Government to provide information on the following:

(i)    how the definition of sexual harassment contained in section 5(7)(b) of the Labour Act 2007 is interpreted and applied in practice, and provide information on any relevant judicial or administrative decisions handed down in this regard; and

(ii)   any practical measures taken or envisaged with a view to combating and preventing sexual harassment at the workplace, including information on any awareness-raising activities and the impact thereof.

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of members of the Himba and San communities in respect of access to particular occupations. The Committee notes from the report on the mission to
Namibia of the African Commission’s Working Group on Indigenous Populations/Communities (adopted at the Commission’s 38th ordinary session in November–December 2005) that the majority of the San population lacks access to means of earning cash income, has no work prospects and no access to education and basic services and is often subjected to unfair labour practices. It notes that the literacy rate among the San is 23 per cent compared to the national literacy level of 66 per cent and that ethnically motivated ridicule from other students results in high school drop-out rates of San children. The Committee also notes that up to 70 per cent of the San population depends on food aid programmes and that, according to the report, access to land and land security for the San population remains the most critical element to be dealt with in order to address their situation. The Committee understands that members of Himba communities also face serious economic and social marginalization resulting in various obstacles to their access to employment and occupation. The Committee notes that the Government has put in place various programmes targeting Himba and San communities, including agricultural training and free education from grades 1–10 for the San, and veterinary services to assist Himba pastoralists with their herds. The Committee also understands that a San development programme was launched in 2005. The Committee requests the Government to provide information on the specific measures taken to combat discrimination and promote equality of opportunity and treatment of members of the San and Himba communities with regard to access to education, employment and occupation, including information on the measures taken under the San development programme. The Committee encourages the Government to carry out studies to further assess and address the situation of the members of the San and Himba communities in employment and occupation and the discrimination faced by them in this context.

National Policy to promote equality of opportunity and treatment in employment and occupation. The Committee reiterates its request for information on any relevant measures taken under the National Employment Policy, the National Gender Policy and the National Gender Action Plan and their impact on promoting equality of opportunity and treatment for men and women. Please also provide information on any further developments concerning the status of the Employment Services Bill.

Article 3(b). Educational programmes. The Committee notes that the International Day of Persons with Disabilities is commemorated every year under the auspices of the Ministry of Health and Social Services. The Committee welcomes this initiative and requests the Government to provide information on any other measures taken or envisaged to promote the observance of the principle of equality of opportunity and treatment beyond the case of persons with disabilities, including information on any sensitization activities and awareness-raising campaigns carried out with a view to combating discrimination and promoting the application of the principle of the Convention on the basis of all the grounds enumerated in the Convention, in particular, race, colour, national extraction and social origin.