Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

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

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

The Committee previously noted the adoption of Labour Act No. 15 of 2004. The Committee notes that on 31 December 2007, the Labour Act was amended and Labour Act No. 11 of 2007 (Labour Act) was promulgated.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the copy of the Action Programme to Eliminate Child Labour in Namibia 2008–12 (APEC 2008–12) submitted with the Government’s report. The Committee notes that the APEC 2008–12 consists of more than 170 specific action steps, grouped into the following sections: (i) responding to cross-cutting issues linked to child labour; (ii) addressing specific types of child labour; (iii) focusing on the consequences of child labour; (iv) intervening in situations of heightened risk; and (v) ensuring the implementation of the APEC 2008–12. The Committee also notes the statement in the APEC 2008–12 that the entire programme is underpinned by a set of principles that include putting the child’s best interest first at all times, prioritizing prevention, working with stakeholders and across sectors, and remaining focused and realistic in terms of available resources. Furthermore, the Committee notes the information in the ILO–IPEC technical progress report on the project “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”, issued on 31 August 2009, that the TECL II commenced in Namibia in June 2009, and is expected to continue until March 2012. The Committee requests the Government to continue to provide information on the implementation of the APEC 2008–12, and the implementation of the ILO–IPEC TECL II. It requests the Government to provide information on the concrete measures taken within the framework of these two projects, and the results achieved in terms of the effective reduction and elimination of child labour.

Article 2, paragraph 1. Scope of application. The Committee previously noted the information in the Government’s report that, by virtue of section 3(2) of the Labour Act, a person must not employ a child under the age of 14 years. It also noted that, by virtue of section 2(1) and (2) of the Labour Act, it applies to all “employers” and “employees”. The Committee therefore observed that the Labour Act does not apply to children who are self-employed, nor to children who do not receive remuneration for their work. The Committee recalled that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship or remuneration and requested the Government to provide information on the measures taken to ensure the application of the Convention to children or young persons who, independently from the existence of a contract, are self-employed, as well as to children who do not receive remuneration for their work.

The Committee notes the Government’s statement that labour inspections are carried out in all areas where work is performed, regardless of whether an employment contract exists. The Committee also notes the Government’s statement that labour inspections are carried out in both the formal and informal sectors, and notes the information in the APEC 2008–12 that this programme includes measures to address child labour in both the formal and informal sectors. The Committee notes the information in the Namibia Child Activities Survey (NCAS) of 2005, issued by the Ministry of Labour and Social Work (MoLSW) in December 2008, that approximately 31 per cent of persons between the ages of 6 and 17 were working on their own account or self employed (page 71). The NCAS of 2005 also indicates that 94.5 per cent of all children engaged in economic activity did so without remuneration. The Committee requests the Government to continue to provide information on the activities of the labour inspectorate, and measures taken within the framework of the APEC 2008–12, to ensure that self-employed children and children working in the informal sector are afforded the protection established in the Convention.

Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. The Committee previously noted that the Labour Act states that children over the age of 14, but under the age of 16 years, are prohibited from performing the types of hazardous work listed in section 3(3)(d), including: (i) work underground or in a mine; (ii) construction or demolition work; (iii) manufacture of goods; (iv) work related to the generation, transformation or distribution of energy; (v) work related to installing or dismantling machinery; and (vi) any work-related activities which may place the child’s health, safety, physical or mental health or spiritual, moral or social development at risk. However, the Committee noted that, by virtue of section 3(5)(b), the Minister may make regulations to permit the employment of children between 14 and 18 in the types of hazardous work listed in section 3(3)(d). The Committee recalled that Article 3(3) of the Convention lays down that the competent authority may authorize, after consultation with the organizations of employers and workers concerned, young persons older than 16 years of age to undertake hazardous work on condition that their health, safety or morals are fully protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity.

The Committee notes the Government’s statement that no regulations have been issued pursuant to section 3(5)(b) of the Labour Act and that, therefore, no types of hazardous work are allowed for persons under the age of 18. Nonetheless, recalling that Article 3(3) of the Convention permits the engagement of young persons in hazardous work only as of the age of 16, the Committee requests the Government to take the necessary steps to bring its legislation into conformity with the Convention, to ensure that under no circumstances will the performance of hazardous work be permitted to persons between the ages of 14 and 16.

Article 6. Apprenticeship. In its previous comments, the Committee noted that, under section 13 of National Vocational Training Act No. 18 of 1994, the Vocational Training Board may establish vocational standards for vocational training and apprenticeships in any designated trade. According to section 14(3)(i), those schemes will determine the qualifications including the minimum age and education standard required for the trade. The Committee requested the Government to indicate whether there were provisions setting the minimum age for entry into apprenticeship at 14 years. The Committee notes the information in the Government’s report that the minimum age of 14 years of age, specified in section 3(2) of the Labour Act, applies to persons engaged in apprenticeships.

Article 7. Light Work. In its previous comments, the Committee noted that the national legislation does not authorize light work, though observed that, according to the NCAS of 1999, quite a number of children under 14 years were economically active in some way. The Committee reminded the Government that, pursuant to Article 7 of the Convention, national laws or regulations may permit light work for children between the ages of 12 and 14.

The Committee notes the Government’s statement that, with the assistance of ILO–IPEC through the TECL II, it is envisaged that light work will be defined in the near future, in order to provide for appropriate regulations. The Committee notes that the NCAS of 2005 indicated that approximately 75 per cent of children aged 12 and 14 were engaged in some form of economic activity, and the majority of these children combined this work with school. In this regard, the Committee reminds the Government that, pursuant to Article 7 of the Convention, national laws or regulations may permit light work for children which is: “(a) not likely to be harmful to their health and development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received”. The Committee also recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee requests the Government to provide information on the progress made with regard to developing regulations to determine light work activities and the conditions in which such employment or work could be undertaken by young persons between the ages of 12 and 14.

Article 9. Sanctions. The Committee previously noted the information in the Government’s report that, by virtue of section 3(6) of the Labour Act of 2004, any person who is convicted of employing a child in any work prohibited under section 3 of the Labour Act, including hazardous work, is liable to a fine not exceeding 4,000 dollars (NAD) (approximately US$600) or to imprisonment for a period not exceeding 12 months, or to both. The Committee noted the Government’s indication that forthcoming amendments would increase these penalties and requested a copy of this legislation, once adopted. The Committee notes with interest that section 3(5) of the Labour Act, as amended in 2007, states that it is an offence for any person to employ, or require or permit, a child to work in any circumstances prohibited under section 3, and that a person who is convicted of this offence is liable to a fine not exceeding NAD20,000 (approximately US$2,713) or to imprisonment for a period not exceeding four years, or to both.

Part III of the report form. Labour inspection. Agricultural work. The Committee notes the information in the Government’s report that in August 2009, the MoLSW initiated investigations into the occurrence of child labour in the agricultural sector, in both commercial and communal farms. The Government indicates that eight teams (consisting of two labour inspectors, a social worker and senior policy officials) carried out investigations in nine of Namibia’s 12 administrative regions. The Committee also notes that the investigation teams issued compliance orders to employers who were found to be employing children in contravention of section 3 of the Labour Act. These compliance orders were issued pursuant to section 126 of the Labour Act, which requires employers to stop employing children within 30 days from its issuance. The Committee further notes that, pursuant to section 127(1)(d)(2) of the Labour Act, failure to comply with this compliance order is an offence punishable by the courts. The inspection teams therefore undertook follow-up inspections at the expiry of the 30-day period, to verify the compliance of the employer. In cases of non-compliance, the teams proceeded to lay criminal charges for such contraventions, and engaged the Namibian Police to ensure proper investigation and prosecution of these cases.

The Committee notes the statement in the APEC 2008–12 that there is a much greater number of children working in subsistence agriculture than commercial farming, though notes that the periodic labour inspections carried out by the MoLSW occur almost entirely in commercial agriculture (page 57). The Committee requests the Government to pursue its efforts to conduct inspections in the agricultural sector, with a particular focus on subsistence agriculture, where the majority of children.

Part V of the report form. Application of the Convention in practice. 
1. Child labour in the agricultural sector. The Committee notes that the abovementioned investigations, undertaken by the MoLSW in the agricultural sector, detected more than 111 cases of child labour. The Committee also notes that, in most of these cases, the parents of these children indicated that poverty was the main reason for allowing them to work as an additional means of income. Parents employed in farms allowed their children to work with them and, generally, these children did not attend school. This practice was condoned by farm owners. The Committee further notes that most farm owners perceive child labour as cheap labour as they remunerate them below the minimum wage for agricultural work. In addition, the Committee notes that some of the working children indicated that they were working due to insufficient finances to pay their school fees, and that some were orphans. The Government indicates that, for various reasons, governmental social grants provided to orphans and vulnerable children were not accessed by these potential beneficiaries, which led to a loss of income that might have prevented their engagement in child labour.

The Committee notes the information in the NCAS of 2005 that agricultural work was the second most common form of economic activity performed by children (after work performed in the private household). The Committee also notes that the APEC 2008–12 contains action steps to address child labour in this sector, particularly measures to address legislative and policy gaps in this area (requiring farm employers to obtain proof of age of jobseekers and to define what constitutes “normal family responsibilities on farms” in subsistence agriculture), create awareness and disseminate information on the issue of child workers in agriculture and to implement programmes to address the problem of child exploitation in this sector (pages 58–59). The Committee requests the Government to provide information on the implementation of these action steps taken within the framework of the APEC 2008–12, and their impact with regard to reducing the economic exploitation of children in the agricultural sector.

2. Production of charcoal. The Committee notes the information in the report “Children’s engagement in the production of charcoal in Namibia; A child labour-related rapid assessment study”, issued by the MoLSW, in cooperation with ILO–IPEC in 2007 (charcoal rapid assessment study), that child labour did not appear to be a major problem in this sector. In the course of this study, four confirmed cases of child labour were found, involving children aged 16 to 17, who were engaged in potentially hazardous work. Some of the employers surveyed for the charcoal rapid assessment study indicated that children of adult charcoal labourers could be engaged in the production of charcoal by accompanying and helping their parents at work. The Committee further notes the information in the charcoal rapid assessment study that there were no cases of children under the age of 14 working in charcoal production, and that only on six farms (out of a total of 26), did adult charcoal labourers indicate that they believed children were involved in charcoal production.

3. Namibia Child Activities Survey (NCAS) of 2005. The Committee previously noted that the MoLSW conducted a child activities survey and requested the Government to supply a copy of this survey, once it had been finalized. The Committee notes the detailed statistical information on the economic activities of Namibian children, provided in the NCAS of 2005. The NCAS of 2005 indicates that that 71.9 per cent of children surveyed aged 6 to 17 were found to be working, the majority of which (86.2 per cent of working children) were in rural areas (page 49). The Committee notes that most of these working children still attended school (88.4 per cent of girls and 83.7 per cent of boys). Nonetheless, 4.7 per cent of working children never attended school, and 6.7 per cent of working children had left school, though many of the children who had left school did so after reaching the minimum age of employment (only 5.4 per cent of working children aged 13 had left school).

The Committee notes that a large number of children were working below the minimum age. It notes that 49 per cent of 6 year olds surveyed, 65.8 of 8 year olds surveyed, 73.4 per cent of 10 year olds surveyed and 76.8 per cent of 12 year olds surveyed were found to be engaged in some form of economic activity. The Committee notes that the most common forms of work performed was unpaid water collection, firewood collection and preparation of food/mahangu pounding, and that most children were employed in private households. Nonetheless, the Committee notes that a significant percentage of working children below the minimum age were regular paid employees. Of the working children in their age category, the NCAS of 2005 indicated that 20 per cent of 8 year olds, 35.2 per cent of 10 year olds and 20.4 per cent of 12 year olds were regular paid employees, with fixed wages.

While appreciating the detailed statistical information, the Committee notes with concern the large number of children under the minimum age of 14 who are engaged in economic activities. The Committee requests the Government to pursue its efforts within the APEC 2008–12 to ensure that in practice, children under the minimum age of 14 do not engage in child labour. Furthermore, noting that the APEC 2008–12 includes plans to conduct several additional research projects on the nature of child labour in specific sectors, the Committee requests the Government to provide a copy of these research studies, once completed.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s reports. It requests the Government to provide information on the following points.

Article 2, paragraph 1, of the Convention. 1. Scope of application. With reference to its previous comments, the Committee notes that Namibia adopted the Labour Act No. 15 of 2004 (Labour Act of 2004) which repeals the Labour Act of 1992. It notes the Government’s information that, by virtue of section 3(2) of the Labour Act of 2004, a person must not employ a child under the age of 14 years. It also notes that, by virtue of section 2(1) and (2) of the Labour Act of 2004, this Act applies to all “employers” and “employees” (save the exceptions specified in section 2(2)–(5)). It notes that, according to section 1(1) of this Act, “employee” means: “an individual other than an independent contractor, who: (a) works for another person and who receives, or is entitled to receive, remuneration for that work; or (b) in any manner and for remuneration assists in carrying on or conducting the business of an employer”. The Committee observes that the Labour Act of 2004 does not apply to “independent contractors” and to children who are self-employed. It also observes that the Labour Act of 2004 does not apply to children who do not receive remuneration for their work. The Committee recalls that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship or remuneration. It requests the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to children or young persons who, independently from the existence of a contract, are self-employed, as well as to children who do not receive remuneration for their work.

2. Minimum age for admission to employment or work. In its previous comments, the Committee had noted that the national legislation does not authorize light work. The Committee notes the Government’s statement that no provision is made in the Labour Act of 2004 for light work by children from 12 and above. The Committee reminds the Government that, upon ratifying the Convention, it declared 14 years to be the minimum age for admission to employment and that, by virtue of Article 2, paragraphs 1 and 4, of the Convention, children under 14 years are not allowed to work; the only derogation possible is for light work which may be carried out by children between the ages of 12 and 14 years under the conditions provided for by Article 7 of the Convention. The Committee once again observes that according to the 1999 Namibia Child Survey Activities, it appears that quite a number of children under 14 years are economically active in some way or the other. Noting that the relevant legislation does not regulate light work, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years is admitted to perform work in practice.

Article 3, paragraphs 1 and 2. Minimum age for admission to, and determination of, hazardous work. Following its previous comments, the Committee notes with interest that, by virtue of sections 3(3)(c)–(d) and 3(4)(a)(b) of the Labour Act of 2004, it is prohibited to employ children under 18 years of age in various types of hazardous work including: (i) work underground or in a mine; (ii) construction or demolition work; (iii) manufacture of goods; (iv) work related with the generation, transformation or distribution of energy; (v) work related with installing or dismantling machinery; (vi) any work-related activities which may place the child’s health, safety or physical, mental or spiritual, moral, social development at risk; (vii) night work.

Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. With reference to its previous comments, the Committee notes that the Labour Act of 2004 states that children under 18 years are prohibited from performing the types of hazardous work listed in section 3(3)(c)–(d). It also notes that, by virtue of section 3(5)(b), the Minister may make regulations to permit the employment of children between 14 and 18 in the types of hazardous work listed in section 3(3)(d). The Committee once again recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may authorize, after consultation with the organizations of employers and workers concerned, young persons older than 16 years of age to undertake hazardous work on condition that their health, safety or morals are fully protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee requests the Government to take the necessary steps to bring its legislation into conformity with the Convention so as to ensure that only young persons from the age of 16 years may perform certain types of hazardous work. It also requests the Government to indicate the measures taken or envisaged to ensure that the health, safety and morals of young persons aged 16 to 18 years engaged in these types of work are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. Finally, the Committee requests the Government to indicate whether the Minister has issued regulations pursuant to section 5(b) of the Labour Act of 2004.

Article 6. Apprenticeship. In its previous comments, the Committee had noted that, under section 13 of the National Vocational Training Act No. 18 of 1994, the Vocational Training Board may establish vocational standards for vocational training and apprenticeships in any designated trade. According to section 14(3)(i), those schemes will determine the qualifications including the minimum age and education standard required for the trade. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to indicate whether there are provisions setting the minimum age for entry into apprenticeship at 14 years and to indicate the measures adopted by the Board to determine the duration of apprenticeship, the types of trade in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed.

Article 8. Artistic performances. The Committee had previously requested the Government to state whether children under the age of 14 years participate in artistic performances in practice and, if so, to provide information on these activities. It notes the Government’s indication that children participating in artistic performances have to comply with the provisions of the Labour Act of 2004 (prohibiting work under the age of 14) and the Education Act of 2001 (requiring children to attend school until the age of 16).

Article 9. Sanctions. With reference to its previous comments, the Committee notes the Government’s information that, by virtue of section 3(6) of the Labour Act of 2004, it is an offence for any person to employ, or require or permit, a child to work in any circumstances prohibited under section 3, including hazardous work. A person who is convicted of the offence is liable to a fine not exceeding N$4,000 (around US$600) or to imprisonment for a period not exceeding 12 months or to both such fine and imprisonment. The Committee also notes the Government’s information that the Labour Bill 2006, however, increases the fine to N$16000 and/or four years imprisonment. The Committee takes due note of this information and requests the Government to supply a copy of the Labour Bill 2006 as soon as it has been adopted.

Part V of the report form. Application of the Convention in practice. With reference to its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Social Welfare conducted a child activities survey and is in the process of writing the report on the findings of such survey. It also notes the Government’s information that the ILO/IPEC programme Towards the Elimination of the Worst Forms of Child Labour focuses on: (i) increasing knowledge and information on the extent, nature and causes of the worst forms of child labour in Namibia; (ii) assessing the policy environment as a framework for establishing an action programme to eliminate child labour; (iii) formulating an action programme to eliminate child labour; and (iv) sharing of experience and best practice in researching the worst forms of child labour amongst stakeholders working in this field. The Committee notes the Government’s information that Streams 1, 2 and 3 of the TECL were carried out in 2007. Stream 1 consisted in literary review and qualitative research on the worst forms of child labour in Namibia. It also focused on children working in domestic work (such as cleaning, cooking, childminding) and agriculture (in commercial and communal area farms), and in the production of charcoal. Stream 2 of the TECL consisted of three parts: (a) literary review on exploitative child labour, in Namibia and in the region; (b) policy review and analysis of Namibia’s policies and laws regarding child labour, particularly its worst forms; (c) preparation of a discussion document identifying Namibian child labour policy’s gaps as well as proposals to be incorporated in the APEC. The discussion document also included the key findings from Stream 1 research and questions regarding possible action steps to eliminate child labour in Namibia. Finally, Stream 3 of the TECL included a series of workshops aimed at discussing the research findings and recommending action steps for eliminating child labour in Namibia. The Committee requests the Government to supply a copy of the child labour survey in the process of being conducted by the Ministry of Labour and Social Welfare, once it has been finalized. It also requests the Government to provide information on the results of the research conducted under the TECL programme regarding the employment of children and young persons in domestic work, agricultures and production of charcoal. It finally requests the Government to provide, with regard to the employment of children and young persons, extracts from the reports of inspection services, information on the number and nature of contraventions reported, and penalties applied.

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

The Committee notes that the Government’s report has not been received. 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 matters raised in its previous direct request, which read as follows:

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes the Government’s statement in its report that, by virtue of section 42 of the Labour Act, no person shall employ children under the age of 14 years for any purpose whatsoever. It also observes that section 1 of the Labour Act defines an "employee" as someone: (a) who is employed by, or working for, any employer and who is receiving, or entitled to receive, any remuneration; or (b) who in any manner assists in the carrying on or the conducting of the business of an employer. Section 2 of the Labour Act further provides that the Act applies "in relation to every employer including the State, and every employee in Namibia". The Act thus appears to limit its scope to persons engaged in an employment relationship, which excludes children or young persons who are self-employed and who do not work for wages. The Committee recalls that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship or remuneration. The Committee asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that section 42 of the Labour Act prohibits the employment of children under the age of 14 years. However it observes that article 15(3) of the Constitution states that the employment of children under the age of 14 years in any factory or mine is prohibited, save under conditions and circumstances regulated by Act of Parliament. It further notes that the Government specified a minimum age for admission to employment or work of 14 years at the time of ratification, in accordance with Article 2, paragraph 4, of the Convention. The Committee requests the Government to indicate whether an Act of Parliament authorizes the employment of children under 14 years of age in factories or mines and under what conditions.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s statement, in its report, that according to article 20 of the Constitution, children shall not be allowed to leave school until they have finished their primary education or have attained the age of 16 years, whichever occurs sooner. The Committee notes from the Namibia Child Activities Survey of 1999 conducted by the Ministry of Labour that children aged 13 to 16 years may not be enrolled in school if they have completed primary education and consider it as terminal. The Committee also notes that according to the statement of the Minister of Basic Education, Sport and Culture on 26 April 2002, a new Education Act (Act No. 16 of 2001) has been adopted. It further notes that the Government specified a minimum age for admission to employment of 14 years at the time of ratification. The Committee reminds the Government that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the minimum age of completion of compulsory schooling. It further recalls the importance of linking the age of admission to employment or work to the age limit, where it exists, for compulsory education. If the two ages do not coincide various problems may arise; if schooling ends before young persons may work legally, there may be an enforced period of idleness. In such cases there is a need for the school-leaving age to be raised to the minimum age generally accepted for employment (General Survey by the Committee of Experts on the Application of Conventions and Recommendations, Minimum age, ILC, 67th Session, 1981, paragraph 140). The Committee requests the Government to provide information on the situation of children who are not enrolled in school and who are not therefore obliged to attend school, and to indicate what measures are taken or envisaged to ensure that these children are not admitted to employment or work in any occupation below 14 years of age, which is the minimum age specified by the Government. It also asks the Government to provide a copy of the Education Act of 2001.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that article 15(2) of the Constitution provides that children are entitled to be protected from economic exploitation, and shall not be "employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral, or social development". The Committee observes that the Constitution defines "children" as persons under the age of 16 years. It also observes that the Labour Act does not prohibit the employment of children under 18 years of age in hazardous work. The Committee recalls that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety and morals of young persons shall not be less than 18 years. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no children under 18 years of age may perform work that is likely to jeopardize their health, safety and morals.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes the absence of any reference in the Labour Act to work or employment that is likely to jeopardize the morals of children. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children shall be determined in the national legislation after consultation with the organizations of employers and workers concerned, where such exist. The Committee asks the Government to indicate the measures taken or envisaged to prohibit work or employment that is likely to harm the morals of children so as to bring the national legislation into line with the Convention.

Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. The Committee observes that section 42(b) of the Labour Act prohibits the employment of children aged 14 to 15 years from working in or on any mine or other work performed with a view to mining or winning, or prospecting for, any minerals as well as in or on any premises where an article or part of an article is made, manufactured, built, assembled, compiled, printed, processed, treated, adapted, repaired, renovated, rebuilt, altered, ornamented, painted, including spray painted, polished, finished, cleaned, dyed, washed, broken up, disassembled, sorted, packed or put into a container, chilled, frozen or stored in cold storage; electricity is generated, transformed or distributed; a building, bridge, dam, canal, road, railway line, street, runway, sewer or water reticulation system or anything similar is built, constructed, maintained, altered, renovated, repaired, demolished or dismantled; or machinery is installed, erected or dismantled (section 42(b)(ii)). It also notes that section 42(c) of the Labour Act forbids the employment of any child between the ages of 15 and 16 years in any underground mine. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may authorize, after consultation with the organizations of employers and workers concerned, young persons older than 16 years of age to undertake hazardous work on condition that their health, safety or morals are fully protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee reminds the Government that this provision of the Convention deals with limited exceptions to the rule of prohibiting hazardous work to young persons under 18 years of age and does not constitute overall permission to undertake hazardous work as from 16 years of age. The Committee requests the Government to ensure that young persons who undertake work, as defined in section 42(b) and (c) of the Labour Act, are at least 16 years of age. It also requests the Government to indicate the measures taken or envisaged to ensure that the health, safety and morals of young persons aged 16 to 18 years engaged in these types of work are fully protected and that these persons have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 6. Vocational training. The Committee notes the Government’s statement, in its report, that work in schools for general, vocational or technical education is not regarded as child labour. It also observes that the National Vocational Training Act, No. 18 of 1994, regulates the training of apprentices and vocational trainees, and provides for the establishment of a Vocational Training Board and Trade Advisory Committees. It notes that section 17 of the National Vocational Training Act provides that no person shall employ a person as an apprentice in a designated trade for which a scheme has been approved without having first been granted the written approval of the Chief Inspection to do so. Under section 13 of the Act, the Vocational Training Board may establish vocational standards for vocational training and apprenticeships in any designated trade, which will become the conditions applicable in that trade. Those schemes will determine the qualifications, "including, with due regard to the provision of section 42 of the Labour Act, 1992, the minimum age and education standard required for the trade" (section 14(3)(i)). The Committee recalls in this respect that, by virtue of Article 6 of the Convention, only work done within the context of a programme of training or vocational guidance by persons of at least 14 years of age in enterprises is excluded from the scope of this Convention. It therefore requests the Government to indicate whether there are provisions setting the minimum age for entry into apprenticeship at 14 years and to indicate the measures adopted by the Board to determine the duration of apprenticeship, the types of trade in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed.

Article 7. Light work. The Committee observes that the national legislation does not authorize light work. The Committee nonetheless observes that according to the 1999 Namibia Child Survey Activities, it appears that quite a number of children under 14 years are economically active in some way or the other. The Committee recalls that Article 7, paragraphs 1 and 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 12 years and above.

Article 8. Artistic performances. The Committee observes that the Government’s report contains no information on the participation of children in artistic performances. Noting the absence of legislative provisions allowing the participation of children below the general minimum age of 14 years in artistic performances, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention for establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if such activities are carried out in practice. The Committee requests the Government to state whether children under the age of 14 years participate in artistic performances in practice and, if so, to provide information on these activities.

Article 9. Sanctions. The Committee notes the Government’s indication, in its report, that section 105 of the Labour Act provides that a person who contravenes the rules regarding labour inspectors’ powers is liable to a fine not exceeding N$4000 and/or imprisonment of up to 12 months. It also observes that for the employment of children contrary to section 42 of the Labour Act, section 44 of the Labour Act establishes the powers of the district labour court in case of contraventions and failure to comply. Upon receipt of a complaint, the district labour court may issue an order to the employer to discontinue the employment of the child in question to the extent specified in the order. It also notes that section 23 of the Act provides that any person who contravenes or fails to comply with an order of the Labour Court or district labour court shall be guilty of an offence and on conviction be liable to the penalties which may by law be imposed for contempt of court. The Committee requests the Government to provide information on the sanctions for violations of section 42 of the Labour Act.

Part III of the report form. The Committee notes that the labour inspectors’ form provided by the Government includes a section on child labour. The Committee asks the Government to provide information on the findings of the labour inspectors regarding the employment of children under 14 years and those aged 14 to 16 years.

Part V of the report form. The Committee notes, with interest, that the Ministry of Labour conducted a survey on child activities in Namibia in 1999. It observes that for the purpose of collecting the data, the term "working children" was broadly defined so as to include all children aged 6 to 18 years, self-employed children, children who gathered food for household consumption, apprentices, children who were engaged in activities for family members or relatives without pay. The survey shows that 16.13 per cent of children aged 6 to 18 years were working, 95.4 per cent of whom were found in rural areas. The survey also indicates that most of the working children combined work with schooling/training. Consequently, in rural households, 77 per cent of working children are absent from school/training institutions due to a busy agricultural season. Further data provides information on the distribution of working children by region, area, by school attendance status or by occupation. The Committee invites the Government to report any measures taken or envisaged gradually to bring the situation described above into line with its legislation and the Convention. The Committee requests the Government to continue to supply information on the practical application of the Convention, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee takes note of the Government’s first and second reports. It also notes with interest that the Government ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 15 November 2000. The Committee requests the Government to supply further information on the following points.

Article 2, paragraph 1, of the Convention. Scope of application. The Committee notes the Government’s statement in its report that, by virtue of section 42 of the Labour Act, no person shall employ children under the age of 14 years for any purpose whatsoever. It also observes that section 1 of the Labour Act defines an "employee" as someone: (a) who is employed by, or working for, any employer and who is receiving, or entitled to receive, any remuneration; or (b) who in any manner assists in the carrying on or the conducting of the business of an employer. Section 2 of the Labour Act further provides that the Act applies "in relation to every employer including the State, and every employee in Namibia". The Act thus appears to limit its scope to persons engaged in an employment relationship, which excludes children or young persons who are self-employed and who do not work for wages. The Committee recalls that the Convention applies to all kinds of work or employment regardless of the existence of a contractual relationship or remuneration. The Committee asks the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

Article 2, paragraph 1. Minimum age for admission to employment or work. The Committee notes that section 42 of the Labour Act prohibits the employment of children under the age of 14 years. However it observes that article 15(3) of the Constitution states that the employment of children under the age of 14 years in any factory or mine is prohibited, save under conditions and circumstances regulated by Act of Parliament. It further notes that the Government specified a minimum age for admission to employment or work of 14 years at the time of ratification, in accordance with Article 2, paragraph 4, of the Convention. The Committee requests the Government to indicate whether an Act of Parliament authorizes the employment of children under 14 years of age in factories or mines and under what conditions.

Article 2, paragraph 3. Compulsory education. The Committee notes the Government’s statement, in its report, that according to article 20 of the Constitution, children shall not be allowed to leave school until they have finished their primary education or have attained the age of 16 years, whichever occurs sooner. The Committee notes from the Namibia Child Activities Survey of 1999 conducted by the Ministry of Labour that children aged 13 to 16 years may not be enrolled in school if they have completed primary education and consider it as terminal. The Committee also notes that according to the statement of the Minister of Basic Education, Sport and Culture on 26 April 2002, a new Education Act (Act No. 16 of 2001) has been adopted. It further notes that the Government specified a minimum age for admission to employment of 14 years at the time of ratification. The Committee reminds the Government that under Article 2, paragraph 3, of the Convention, the minimum age for admission to employment shall not be less than the minimum age of completion of compulsory schooling. It further recalls the importance of linking the age of admission to employment or work to the age limit, where it exists, for compulsory education. If the two ages do not coincide various problems may arise; if schooling ends before young persons may work legally, there may be an enforced period of idleness. In such cases there is a need for the school-leaving age to be raised to the minimum age generally accepted for employment (General Survey by the Committee of Experts on the Application of Conventions and Recommendations, Minimum age, ILC, 67th session, 1981, paragraph 140). The Committee requests the Government to provide information on the situation of children who are not enrolled in school and who are not therefore obliged to attend school, and to indicate what measures are taken or envisaged to ensure that these children are not admitted to employment or work in any occupation below 14 years of age, which is the minimum age specified by the Government. It also asks the Government to provide a copy of the Education Act of 2001.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes that article 15(2) of the Constitution provides that children are entitled to be protected from economic exploitation, and shall not be "employed in or required to perform work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral, or social development". The Committee observes that the Constitution defines "children" as persons under the age of 16 years. It also observes that the Labour Act does not prohibit the employment of children under 18 years of age in hazardous work. The Committee recalls that, by virtue of Article 3, paragraph 1, of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety and morals of young persons shall not be less than 18 years. The Committee requests the Government to indicate the measures taken or envisaged to ensure that no children under 18 years of age may perform work that is likely to jeopardize their health, safety and morals.

Article 3, paragraph 2. Determination of hazardous work. The Committee notes the absence of any reference in the Labour Act to work or employment that is likely to jeopardize the morals of children. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children shall be determined in the national legislation after consultation with the organizations of employers and workers concerned, where such exist. The Committee asks the Government to indicate the measures taken or envisaged to prohibit work or employment that is likely to harm the morals of children so as to bring the national legislation into line with the Convention.

Article 3, paragraph 3. Admission to hazardous work as from 16 years of age. The Committee observes that section 42(b) of the Labour Act prohibits the employment of children aged 14 to 15 years from working in or on any mine or other work performed with a view to mining or winning, or prospecting for, any minerals as well as in or on any premises where an article or part of an article is made, manufactured, built, assembled, compiled, printed, processed, treated, adapted, repaired, renovated, rebuilt, altered, ornamented, painted, including spray painted, polished, finished, cleaned, dyed, washed, broken up, disassembled, sorted, packed or put into a container, chilled, frozen or stored in cold storage; electricity is generated, transformed or distributed; a building, bridge, dam, canal, road, railway line, street, runway, sewer or water reticulation system or anything similar is built, constructed, maintained, altered, renovated, repaired, demolished or dismantled; or machinery is installed, erected or dismantled (section 42(b)(ii)). It also notes that section 42(c) of the Labour Act forbids the employment of any child between the ages of 15 and 16 years in any underground mine. The Committee recalls that Article 3, paragraph 3, of the Convention lays down that the competent authority may authorize, after consultation with the organizations of employers and workers concerned, young persons older than 16 years of age to undertake hazardous work on condition that their health, safety or morals are fully protected and that they receive adequate specific instruction or vocational training in the relevant branch of activity. The Committee reminds the Government that this provision of the Convention deals with limited exceptions to the rule of prohibiting hazardous work to young persons under 18 years of age and does not constitute overall permission to undertake hazardous work as from 16 years of age. The Committee requests the Government to ensure that young persons who undertake work, as defined in section 42(b) and (c) of the Labour Act, are at least 16 years of age. It also requests the Government to indicate the measures taken or envisaged to ensure that the health, safety and morals of young persons aged 16 to 18 years engaged in these types of work are fully protected and that these persons have received adequate specific instruction or vocational training in the relevant branch of activity.

Article 6. Vocational training. The Committee notes the Government’s statement, in its report, that work in schools for general, vocational or technical education is not regarded as child labour. It also observes that the National Vocational Training Act, No. 18 of 1994, regulates the training of apprentices and vocational trainees, and provides for the establishment of a Vocational Training Board and Trade Advisory Committees. It notes that section 17 of the National Vocational Training Act provides that no person shall employ a person as an apprentice in a designated trade for which a scheme has been approved without having first been granted the written approval of the Chief Inspection to do so. Under section 13 of the Act, the Vocational Training Board may establish vocational standards for vocational training and apprenticeships in any designated trade, which will become the conditions applicable in that trade. Those schemes will determine the qualifications, "including, with due regard to the provision of section 42 of the Labour Act, 1992, the minimum age and education standard required for the trade" (section 14(3)(i)). The Committee recalls in this respect that, by virtue of Article 6 of the Convention, only work done within the context of a programme of training or vocational guidance by persons of at least 14 years of age in enterprises is excluded from the scope of this Convention. It therefore requests the Government to indicate whether there are provisions setting the minimum age for entry into apprenticeship at 14 years and to indicate the measures adopted by the Board to determine the duration of apprenticeship, the types of trade in which an apprenticeship may be undertaken, and the conditions under which an apprenticeship may be undertaken and performed.

Article 7. Light work. The Committee observes that the national legislation does not authorize light work. The Committee nonetheless observes that according to the 1999 Namibia Child Survey Activities, it appears that quite a number of children under 14 years are economically active in some way or the other. The Committee recalls that Article 7, paragraphs 1 and 4, of the Convention provides that national laws or regulations may permit persons from the age of 12 to engage in light work which is: (a) not likely to be harmful to their health or development; and (b) not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. The Committee also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions to determine light work activities and the conditions in which such employment or work could be undertaken by young persons from 12 years and above.

Article 8. Artistic performances. The Committee observes that the Government’s report contains no information on the participation of children in artistic performances. Noting the absence of legislative provisions allowing the participation of children below the general minimum age of 14 years in artistic performances, the Committee draws the Government’s attention to the possibility under Article 8 of the Convention for establishing a system of individual permits for children under the general minimum age who work in activities such as artistic performances, if such activities are carried out in practice. The Committee requests the Government to state whether children under the age of 14 years participate in artistic performances in practice and, if so, to provide information on these activities.

Article 9. Sanctions. The Committee notes the Government’s indication, in its report, that section 105 of the Labour Act provides that a person who contravenes the rules regarding labour inspectors’ powers is liable to a fine not exceeding N$4000 and/or imprisonment of up to 12 months. It also observes that for the employment of children contrary to section 42 of the Labour Act, section 44 of the Labour Act establishes the powers of the district labour court in case of contraventions and failure to comply. Upon receipt of a complaint, the district labour court may issue an order to the employer to discontinue the employment of the child in question to the extent specified in the order. It also notes that section 23 of the Act provides that any person who contravenes or fails to comply with an order of the Labour Court or district labour court shall be guilty of an offence and on conviction be liable to the penalties which may by law be imposed for contempt of court. The Committee requests the Government to provide information on the sanctions for violations of section 42 of the Labour Act.

Part III of the report form. The Committee notes that the labour inspectors’ form provided by the Government includes a section on child labour. The Committee asks the Government to provide information on the findings of the labour inspectors regarding the employment of children under 14 years and those aged 14 to 16 years.

Part V of the report form. The Committee notes, with interest, that the Ministry of Labour conducted a survey on child activities in Namibia in 1999. It observes that for the purpose of collecting the data, the term "working children" was broadly defined so as to include all children aged 6 to 18 years, self-employed children, children who gathered food for household consumption, apprentices, children who were engaged in activities for family members or relatives without pay. The survey shows that 16.13 per cent of children aged 6 to 18 years were working, 95.4 per cent of whom were found in rural areas. The survey also indicates that most of the working children combined work with schooling/training. Consequently, in rural households, 77 per cent of working children are absent from school/training institutions due to a busy agricultural season. Further data provides information on the distribution of working children by region, area, by school attendance status or by occupation. The Committee invites the Government to report any measures taken or envisaged gradually to bring the situation described above into line with its legislation and the Convention. The Committee requests the Government to continue to supply information on the practical application of the Convention, including for example statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of contraventions reported.