Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 implementation of 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” (TECL II). In this regard, it noted several measures taken by the Government, including collaboration between the Ministries of Education, Gender Equality and Child Welfare to streamline the child labour action steps for these Ministries, the development of a training manual on child labour, specific workshops targeting teachers in schools, education managers and law enforcement officers, the training of volunteers as child watch monitors and the development of an education sector policy on child labour.

The Committee notes the Government’s indication that it continues to take measures to combat child labour. In this regard, it indicates that the Ministry of Labour and Social Welfare and the Ministries of Education, Gender Equality and Child Welfare agreed to carry out joint inspections in February 2013, to identify children in child labour and facilitate their placement in schools. The Committee also notes the information from ILO–IPEC of April 2012 concerning the TECL II project that the Government continues to reinforce the elimination of the worst forms of child labour as a priority. ILO–IPEC also indicates that in 2011–12, the Ministry of Education continued to spearhead the elimination of child labour by undertaking large-scale publicity on the importance of enrolment of all children in school irrespective of school fees paid, increasing the number of classrooms per school countrywide, intensifying school feeding programmes and providing flood relief to schools affected by floods. Taking due note of the measures taken, the Committee strongly encourages the Government to pursue its efforts 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. Children in the informal economy. 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)). The Committee also 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. However, the Committee noted the Government’s indication that the Ministry of Labour and Social Welfare had increased the number of labour inspections performed at the national level in both the formal and informal sectors.

The Committee notes the Government’s statement that it continues to increase the number of labour inspections performed in both the formal and informal sectors, and that it has increased the number of labour inspectors as well, to improve the general coverage of workplaces. However, the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 16 October 2012, reiterated its concern about child labour in the country, particularly in the informal sector (CRC/C/NAM/CO/2-3, paragraph 67). The Committee therefore requests the Government to pursue its efforts to address child labour in the informal economy. In this regard, it 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 section 3(3)(d) and (4) of the Labour Act prohibits six types of hazardous work for children between the ages of 14 and 18. The Committee also noted the Government’s statement that a list of hazardous work (in terms of Conventions Nos 138 and 182) was under development, and that this list had been approved by the Project Advisory Committee on Child Labour. The Government stated that this list has been submitted to the Labour Advisory Council for its consideration.

The Committee notes the Government’s statement that, following the submission of the list of hazardous and light work (in terms of Conventions Nos 138 and 182) to the Labour Advisory Council, the Council approved the list without any changes. The Government states that the Council recommended the list to the Minister of Labour and Social Welfare for approval, and that following the approval of this list by the Minister, the supporting regulations for hazardous and light work will be developed. In this regard, the Committee notes the information from ILO–IPEC that it is anticipated that the adoption of these regulations will significantly contribute to the enforcement of the national legislation concerning the prohibition of hazardous work and the elimination of child labour. The Committee therefore requests the Government to take the necessary 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 did 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, a list of light work was developed. The Government indicated that this list was submitted to the Labour Advisory Council for its consideration.

The Committee notes the Government’s statement that the Labour Advisory Council did not make any changes to this list and, as noted above, has recommended the list to the Minister for approval. The Government indicates that after this list is approved by the Minister, regulations on light work will be developed. The Committee requests the Government to pursue its efforts to develop regulations to determine light work activities permitted 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 provide a copy of the regulations on light work, once adopted.

Part III of the report form. Labour inspection. Agricultural work. The Committee previously noted that the Ministry of Labour and Social Welfare initiated investigations in 2009 into the occurrence of child labour in the agricultural sector, in both commercial and communal farms. Subsequently, joint child labour follow-up inspections were carried out in the regions where child labour was identified as prevalent during the 2009 investigations, by teams which included labour inspectors, social workers, police officers and staff from the Ministry of Education. The aim of these follow-up inspections was to withdraw children engaged in child labour activities, to issue compliance orders and to lay criminal charges against those employers who were found to persist in employing children.

The Committee notes the Government’s indication that several capacity-building workshops targeting different stakeholders have been carried out for law enforcement officers and labour inspectors to target workplaces and remove children in child labour. The Committee also notes the information from ILO–IPEC of April 2012 that the Ministry of Labour and Social Welfare, through its labour inspectors, has intensified investigations and that cases of child labour in the agricultural sector were discovered in the Omaheke, Khomas and Kavango regions, where children were employed by both foreign and Namibian nationals. Taking due note of the measures undertaken by the Government, the Committee requests the Government to pursue its efforts to conduct inspections in the agricultural sector, including in subsistence agriculture, and to provide information on the number of violations detected and the specific penalties applied.

Part V of the report form. Application of the Convention in practice. 1. 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 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 noted that a study on child labour in the agricultural sector was under way, and requested information from this study.

The Committee notes the “In-depth study on child labour in the agricultural sector in Namibia (Oshikoto, Ohangwena, Caprivi and Kavango)” of April 2011, submitted with the Government’s report. The Committee notes the statement in this study that, using both qualitative and quantitative research methods, the study established that child labour is prevalent in the four regions examined. Of the children interviewed, approximately 15 per cent worked on a full-time basis, while 79 per cent worked on a part-time basis. Of the children working on a full-time basis, approximately 82 per cent worked in the subsistence farming sector, while 17 per cent worked on commercial farms. While the children interviewed were aged between 10 and 17 years, many of these children indicated that they had started working from as early as 10 years of age. The Committee also notes that Committee on the Rights of the Child, in its concluding observations of 16 October 2012, expressed concern about the prevalence of child labour, especially in rural areas, as well as reports of exploitation and abuse of children in the agricultural sector (CRC/C/NAM/CO/2-3, paragraph 67). The Committee requests the Government to strengthen its efforts 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, as well as on the results achieved.

2. Namibia Child Activities Survey (NCAS). The Committee previously noted the information in the NCAS of 2005 that 71.9 per cent of children surveyed aged 6–17 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 also noted that an NCAS was conducted in October 2010 by the Ministry of Labour and Social Welfare.

The Committee notes the Government’s statement that the results of the 2010 NCAS have not yet been made public as the analysis and report thereon are still in progress. The Government also indicates that the Namibia Population and Housing Census took place nationwide between August and September 2011. The Committee notes the information from ILO–IPEC that this census will be used to get indicators on child-headed households, child labour and vulnerable children. The Committee requests the Government to provide information from the 2010 NCAS 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. It also requests the Government to provide information from the Namibia Population and Housing Census 2011 related to the application of the Convention, once available.