Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Namibia (Ratification: 2000)

Other comments on C182

Observation

Direct Request

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Article 5 of the Convention. Monitoring mechanisms. Labour inspectorate. The Committee previously noted that the Ministry of Labour and Social Welfare had a system of labour and safety inspections throughout the country, and it requested the information on the inspections carried out regarding infringements of the national provisions giving effect to the Convention.

The Committee notes the information in the Government’s report that teams (including labour inspectors, social workers, police officers and staff from the Ministry of Education) conducted Joint Child Labour follow-up inspections in the agricultural sector. The Government indicates that these inspections were a follow-up to previous investigations conducted in 2009, and that one of the purposes of such inspections was to lay criminal charges against those employers who were found to persist in employing children as prohibited by the Labour Act. The Government indicates that three criminal cases were opened against employers in this regard. The Committee also notes the Government’s statement that several capacity building workshops have been carried out for law enforcement officers and labour inspectors, to target workplaces to remove children in child labour. The Committee further notes the Government’s indication in its report to the Committee on the Rights of the Child of 15 September 2011 that, as part of its programming to combat the worst forms of child labour, labour inspectors have received training to identify the worst forms of child labour and to process cases (CRC/C/NAM/2-3, paragraph 234).

Article 6 and Part V of the report form. Programmes of action to eliminate the worst forms of child labour and the application of the Convention in practice. The Committee previously noted that the “Towards the elimination of the worst forms of child labour project (TECL) Phase II: Supporting and monitoring the implementation of National Plans of Action in the three core countries in Southern Africa” (TECL II) commenced in Namibia in June 2009, and would continue until March 2012. The Committee noted that the TECL II intended to implement selected strategies from the Action Programme to Eliminate Child Labour in Namibia 2008–12 (APEC 2008–12). The Committee also noted that, according to the Namibia Child Activities Survey 2005, 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 also noted that the 2007 ILO report entitled “Child trafficking linked to child labour and commercial sexual exploitation of children in Namibia” indicated that children between the ages of 12 and 17 were engaged in commercial sex work, and that the main cause of this phenomenon was poverty.

The Committee notes the information in the Government’s report that through the TECL II project, an implementing agency, the Legal Assistance Centre, has provided training to child watch monitors in five regions of the country. The Government states that these child watch monitors will undertake activities related to the identification of cases of children involved in child labour. The Government also indicates that these child watch monitors will take measures for the withdrawal of children engaged in child labour and for their rehabilitation, in collaboration with law enforcement officials in the respective regions. The Committee also notes the information in an ILO–IPEC report on the TECL II from April 2011 that the Ministry of Safety and Security has requested for chapters on child labour to be included in a training curriculum for new policemen and has requested a countrywide training for policemen on child labour.

The Committee notes the statement in the Government’s report that 11 cases of child labour were reported during the reporting period, and that all suspects appeared before the court. The Committee also notes the information in the Government’s report that a new National Child Activities Survey was conducted in 2010, and that analysis of this Survey is ongoing. The Committee further notes the information in the Government’s report to the CRC of 15 September 2011 that several of the worst forms of child labour are present in the country. In this report, the Government indicates that child trafficking occurs on a limited scale (both within the country and across national borders), that children have been forced to work in the agricultural and domestic service sectors, as well as in criminal activities, that children have been forced to engage in prostitution, and that children were engaged in hazardous work, making charcoal, tending livestock in isolated areas and carrying heavy loads (CRC/C/NAM/2-3, paragraph 226). Therefore, while taking due note of the measures implemented by the Government within the framework of the APEC 2008–12 and the TECL II, the Committee requests the Government to strengthen its efforts 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, use in illicit activities and hazardous work. The Committee requests the Government to continue to provide information on measures taken in this regard, and on the results achieved. The Committee also requests the Government to provide information from the 2010 National Child Activities survey on the nature, extent and trends of the worst forms of child labour, and to provide available statistics on the number and nature of infringements, investigations, prosecutions and convictions related to these worst forms.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic 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 from 7 years of age, until primary school is completed or the child turns 16. It also noted that parents of students are required to pay fees to the school development fund, although a parent may be exempt from this payment. The Committee further noted that the Government had adopted the “Education for All (EFA) National Plan 2001–15”, and that Ministry of Education was responsible for several action steps within the framework of the APEC 2008–12.

The Committee notes the information in the Government’s report that it has introduced a school feeding programme, aimed at providing one nutritious meal a day to needy primary school students. In addition, the Government indicates that it has developed policies to address illegal increases of fees related to school development funds, the illegal withholding of progress reports and the illegal refusal of access to education due to poor academic performance. The Committee also notes the information in the Government’s report that the Ministry of Education is implementing an awareness campaign on admission of learners, through print and electronic media. The Committee further notes the Government’s indication that some teachers have received training with regard to the promotion of education for all and the identification of children who are involved in child labour. Moreover, the Committee notes the Government’s indication that the Ministry of Gender Equality and Child Welfare has commissioned the registration of orphans and vulnerable children, to ensure that birth certificates are issued to facilitate the enrolment of these children in school or skills training.

Taking due note of the measures taken by the Government, the Committee notes the information in the 2011 UNESCO Global Monitoring Report – Education for All, that the net enrolment rate in primary education was 89 per cent in 2008. This report also indicates that in 2008, there were approximately 34,000 out-of-school children of primary school age, down from 37,000 such children in 1999. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts, within the framework of the APEC 2008–12 and the EFA National Plan, to facilitate access to free basic education. The Committee requests the Government to continue providing information on the concrete measures taken in this regard, and their impact on increasing school attendance rates and reducing drop-out rates.

Clause (d). Identifying and reaching out to children at special risk. Child victims/orphans of HIV/AIDS. The Committee previously noted the adoption of the National Policy on Orphans and Vulnerable Children of 2004 (NP/OVC) which recognized the Government’s responsibility for the protection and provision of essential services to OVCs, and outlined the importance of keeping orphans and other vulnerable children in school. It also noted 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. The APEC 2008–12 included measures to reduce the vulnerability of children in AIDS-affected families to child labour, ensuring that such children remain in school.

The Committees notes the Government’s statement that a study on the Impact of HIV/AIDS on Child Labour was completed and distributed to key partners for intervention and implementation. The Committee also notes the information in the Government’s report that the Education and Training Sector Improvement Programme (ETSIP) pays specific attention to the educational needs of OVCs. The Government indicates that during the first phase of the ETSIP (2006–11), a specialised training package on OVCs has been developed for caregivers in the field of early childhood development measures, access to education has been increased for OVCs at the pre-primary level, and increased educational and psychosocial support for OVCs has been provided through schools, including through strengthened counselling services. The Government further indicates that the National Policy on HIV and AIDS for the education sector was adopted, and that this Policy stipulates that no student shall be excluded from a government school due to an inability to pay the school fee or afford a school uniform.

Moreover, the Committee notes the information in the Government’s report to the CRC of 15 September 2011, that the Child Welfare Programme aims to provide appropriate services and to protect children, particularly OVCs, and that this includes the provision of maintenance and foster care grants to children (CRC/C/NAM/2-2, paragraph 17). The Committee also notes the information in the Government’s report to the United Nations General Assembly Special Session (UNGASS) for 2008–09 that while there were approximately 69,000 children orphaned by HIV/AIDS, approximately 60 per cent of the OVCs were being reached through services. However, the Committee also notes the Government’s statement in its report to the CRC of 15 September 2011 that the large number of OVCs within the country increases the potential for trafficking and the sexual exploitation of these vulnerable children (CRC/C/NAM/2-2, paragraph 246). The Committee, therefore, urges the Government to strengthen 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, the ETSIP and the APEC 2008–12 to prevent children affected by HIV/AIDS from being engaged in the worst forms of child labour. It also requests the Government to continue to provide information on measures taken in this regard, and on the results achieved. Lastly, it requests the Government to provide a copy of the study on the Impact of HIV/AIDS on Child Labour.