Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Other comments on C182

Observation

Direct Request

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Articles 3(a) and 6 of the Convention. All forms of slavery or practices similar to slavery and programmes of action. Sale and trafficking of children. The Committee previously noted the adoption of the Child Care and Protection Act, 2015 (CCP Act), which provides that the trafficking of children under 18 years for labour and sexual exploitation is punishable by imprisonment for a period not exceeding 20 years and/or a fine (section 202). It noted that the Committee on the Elimination of Discrimination against Women (CEDAW) expressed concern that Namibia remained a source and destination country of trafficking in human beings, in particular women and girls. The Committee requested the Government to provide information on the application in practice of section 202 of the CCP Act and on the specific measures taken to combat the trafficking of children.

The Government indicates in its report that the CCP Act is not yet in force. It also indicates that child protection, including protection from child abuse and child trafficking, is one of the pillars of the National Agenda for Children 2018–22. The Committee notes that, in its concluding observations of 22 April 2016, the Human Rights Committee expressed concern that women and children are trafficked within Namibia for the purpose of forced labour and sexual exploitation including forced prostitution, and that the number of prosecutions is low (CCPR/C/NAM/CO/2, paragraph 25). The Committee requests the Government to take the necessary measures without delay to bring the CCP Act into force, so that all those engaged in acts involving the trafficking of children for sexual or labour exploitation would be subjected to robust prosecutions and dissuasive penalties. It requests the Government to provide information in this respect. The Committee also requests the Government to provide information on the measures taken to combat the trafficking of children, including on the implementation of the National Agenda for Children 2018–22 and the results achieved.

Articles 3(d) and 6. Hazardous work and programmes of action. The Committee previously noted the involvement of children in hazardous work, as well as reports of exploitation of children in the domestic and agricultural sectors, including physical abuse, denial of education and long working hours (CRC/C/NAM/CO/2-3, paragraph 67). It requested the Government to provide information on any measures taken by the Inter-ministerial Committee to combat the worst forms of child labour, particularly hazardous work in the agricultural sector, and on the implementation of the Action Plan to Eliminate Child Labour in Domestic Work and the results achieved.

The Government indicates in its report that the Inter-ministerial Committee is challenged but that it is raising awareness on child labour. It also indicates that it has set targets per quarter to inspect domestic and private households. The Committee takes due note of the adoption of the regulations, under the Labour Act, relating to domestic workers and observes that section 2 of these regulations prohibits employers from employing a person under 18 years of age in domestic work. The Committee requests the Government to pursue its efforts to eliminate the worst forms of child labour, particularly hazardous work in the domestic and agricultural sectors. It requests the Government to provide information on the measures taken in this respect and on the application in practice of section 2 of the regulations relating to domestic workers. The Committee also requests the Government to indicate whether the Action Plan to Eliminate Child Labour in Domestic Work is still ongoing and if not, whether it has been renewed.

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. The Committee previously noted the various measures taken by the Government to facilitate access to free basic education to all children, including by increasing the number of schools and setting up free universal access to primary education. It noted that the net enrolment ratio in primary education stood at 99.6 per cent in 2012 and the completion rate for grade 7 was 86 per cent. Gender parity in secondary education had been attained with 112.3 girls to 100 boys in the year 2012. The Committee requested the Government to pursue its efforts and to continue providing information on the concrete measures taken to facilitate access to free basic education.

The Committee notes the Government’s indication that the mandatory contributions to the School Development Fund have been abolished, to remove barriers to education for children whose parents cannot afford to make the contribution. It welcomes the Government’s indication that it has extended free education to secondary levels in 2016, thus increasing drastically school attendance. The Committee notes with interest that the Education Amendment Act No. 14 of December 2017 provides that all tuition for pre-primary, primary, secondary and special education in State schools, including books, materials and examination fees are free of charge until the completion of secondary education.

The Committee takes due note of the National Human Rights Action Plan 2015–19, which includes among its objectives to support the teaching and learning environment for all levels of education, through key interventions such as the introduction of transport systems for school children in rural areas, the improvement of the availability of textbooks, and the development and enforcement of guidelines to support children from disadvantaged backgrounds. The National Human Rights Action Plan also acknowledges the continued marginalization of indigenous peoples in terms of access to education, especially for women and girls, and has developed a specific objective to provide education opportunities for indigenous peoples and vulnerable groups. The Committee takes note of the Sector Policy on Inclusive Education of 2013, targeting educationally marginalized children, which includes children with disabilities and impairments.

The Committee notes that, according to the Education Statistics of the Ministry of Education, Arts and Culture of 2017, the gender parity index was 0.97 in primary education in 2017. The net enrolment ratio was 97.7 per cent in primary education and 56 per cent in secondary education. The gross enrolment ratio in secondary education was 75.3 per cent. The Committee further notes that, according to the 2019 Global Education Monitoring Report published by UNESCO, the school completion rate was 83 per cent in primary education and 56 per cent in lower secondary education in 2017. The Committee requests the Government to pursue its efforts to facilitate access to free basic education for all children, including indigenous children and children with disabilities. It requests the Government to provide information on the measures taken in this regard, as well as on the results achieved within the framework of the National Human Rights Action Plan and the Sector Policy on Inclusive Education in terms of increasing school attendance rates and completion rate, in primary and secondary education.

Clause (d). Identifying and reaching out to children at special risk. HIV/AIDS orphans and other vulnerable children (OVCs). The Committee previously noted the various measures taken by the Government to support OVCs. It noted that in 2012 a total of 125,250 orphans and 106,914 vulnerable children were enrolled in school. Moreover, the number of OVCs receiving social welfare grants continued to expand with 145,452 children receiving such grants by March 2013. The Committee encouraged the Government to pursue its efforts to protect OVCs from the worst forms of child labour and requested it to provide information on measures taken in this regard and on the results achieved.

The Committee notes the absence of information in the Government’s report. It notes the UNICEF report Reaching educationally marginalized children of 2017, which states that 13,004 orphaned children were not in school in 2016. The report also indicates that 38 per cent of orphaned children and 22 per cent of vulnerable children receive government grants. The Committee notes that, according to UNAIDS estimates for 2017, approximately 34,000 children are orphans due to HIV/AIDS. It notes from the UNICEF Annual Report of 2017 the development and endorsement of the National Strategic Framework for HIV and AIDS Response for the period from 2017–18 to 2021–22, targeting populations including adolescents and young people. UNICEF also indicates that coordination of health services at schools, including HIV services, was fostered by the School Health Task Force in 2017. The Committee requests the Government to continue to take the necessary measures to protect orphans of HIV/AIDS and OVCs from the worst forms of child labour, including by ensuring their access to education and increasing the number of OVCs benefiting from government grants. The Committee requests the Government to provide information in this respect and on the implementation of the National Strategic Framework for HIV and AIDS Response 2017/18–2021/22. Please provide specific information on the number of OVCs enrolled in school and on the number of OVCs receiving government grants.