Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

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

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or similar to slavery. 1. Sale and trafficking of children. Following its previous comments, the Committee notes the Government’s information that the sale and trafficking of children is a criminal offence. It requests the Government to indicate the legal provision that makes the sale and trafficking of children a criminal offence. It also asks the Government to supply with its next report the text of any relevant legislation prohibiting the sale and trafficking of children under 18 years.

2. Forced recruitment of children for use in armed conflict. In its previous comments, the Committee had requested the Government to provide information on legislation regulating the enlisting in military service and recruitment in armed conflict. It notes the Government’s information that the Namibian Defence Force does not recruit children under 18 years. The Committee requests the Government to provide with its next report the text of the legislation prohibiting the recruitment of children under 18 years.

Clause (b). 1. Use, procuring or offering of a child for prostitution. With reference to its previous comments, the Committee notes that the Immorality Act 1988 and the Combating of Immoral Practices Act 1980, as amended in 2000, prohibit procuring prostitution under various provisions. In particular, it notes the Government’s information that section 3(a) of the Immorality Act punishes anyone who, being the parent or guardian of a child, has ordered, permitted or received any consideration for the prostitution of that child. Although these legislative measures prohibit parents or guardians from offering or procuring a child for prostitution, they do not prohibit the offering or procuring by persons other than parents or guardians and they do not prohibit the use of a child for prostitution. Section 5 states that any person who inveigles or entices any female to a brothel for the purpose of prostitution, or procures any female to become a prostitute is guilty of an offence. The Committee points out, however, that the Convention requires a prohibition in respect of both boys and girls. The Committee accordingly requests the Government to take measures to prohibit the use, procuring or offering of boys and girls for prostitution and provide information on the measures taken in this regard.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. Following its previous comments, the Committee notes the Government’s information that section 14 of the Combating of Immoral Practices Act 1980, as amended in 2000, states that any person who commits or attempts to commit an “indecent or immoral act” with a child under 16 years, or solicits or entices such a child to the commission of such act, and who is: (i) more than three years older than such child; and (ii) not married to such a child, shall be guilty of an offence. The Committee reminds the Government that the prohibition contained in Article 3(b) of the Convention applies to any child under the age of 18 years irrespective of the age of the offender. It therefore requests the Government to take measures to prohibit the use, procuring or offering of a child under 18 years for the production of pornography or for pornographic performances irrespective of the age of the offender. It once again requests the Government to indicate a definition of the term “immoral or indecent act”.

Clause (c). Use, procuring or offering of a child for illicit activities. With reference to its previous comments, the Committee notes that the relevant legislation does not appear to prohibit the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. It once again recalls that, by virtue of Article 3(c) of the Convention, such an activity is considered to be one of the worst forms of child labour and is therefore prohibited for children under 18 years of age. It once again requests the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Article 5. Monitoring mechanisms. 1. Labour inspectorate. The Committee had previously noted that the Ministry of Labour, which is responsible for monitoring the implementation of the national legislation giving effect to the Convention, has a system of labour and safety inspections decentralized throughout the country. Inspectors carry out routine and follow-up inspections to ensure the implementation of the Labour Act. The Committee notes that the Government’s report contains no information on the findings of the inspections regarding children under 18 years involved in the worst forms of child labour. It once again requests the Government to provide information on the inspections carried out by the Labour Inspectorate regarding infringements of the national provisions giving effect to the Convention and to supply reports or documents drafted by the Labour Inspectorate.

2. Commission of Inquiry into Labour-related Matters affecting Agricultural Employees and Domestic Employees. The Committee had previously noted that the Ministry of Labour and Human Resources Development appointed a “Commission of Inquiry into Labour-related Matters affecting Agricultural Employees and Domestic Employees”. It had noted that this Commission of Inquiry is in charge of reporting and making recommendations related to the employment of children contrary to the provisions of article 15 of the Namibian Constitution. Noting the absence of information on this point in the Government’s report, the Committee once again requests the Government to provide information on the findings of this Commission of Inquiry with regard to the worst forms of child labour.

Article 6. Programmes of action to eliminate the worst forms of child labour. Following its previous comments, the Committee notes the Government’s information that the ILO/IPEC programme Towards the Elimination of the Worst Forms of Child Labour (TECL) was launched in Namibia in 2004 and is run through the Ministry of Labour and Social Welfare. The TECL 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 (APEC) and formulating an APEC; and (iii) sharing 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, especially focusing on: children used by adults to commit crimes; children trafficked for labour or sexual exploitation; children working as prostitutes. In this framework, focus group discussions and one-on-one interviews were held with various categories of children, such as children at school, working children, street children and children being held in prison. Various stakeholders, such as teachers, social workers, the police, prison and immigration officers, farm labourers and employers, were also interviewed. 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 notes the Government’s information that, in the TECL’s framework, further discussions are planned in order to assess the recommended action steps provided during the various workshops. After this consultation, the APEC will be drafted and approved. The Committee requests the Government to continue providing information on the implementation of the TECL, especially on the progress made towards the drafting of the APEC.

Article 7, paragraph 1. Sanctions. Following its previous comments, the Committee notes the Government’s information that, by virtue of section 3(6) of Act No. 15, 2004, the Labour Act, it is an offence for any person to employ, require or permit a child to work in any circumstances prohibited under section 3 (including hazardous work). A person who is convicted of this 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 a fine and imprisonment. The Committee also notes the Government’s information that the Labour Bill 2006 increases the fine to N$16,000 and/or four years’ imprisonment. The Committee takes due note of this information and requests the Government to provide a copy of the Labour Bill 2006 as soon as it has been enacted.

Paragraph 2. Time-bound measures. Clause (a). Preventing the engagement of children on the worst forms of child labour. Education. The Committee notes the Government’s information that article 20 of the Constitution and section 53 of the Education Act, 2001, state that school attendance is free and compulsory for every child from the year in which the child turns 7 until the year in which the child has either completed primary education, or attained the age of 16, whichever comes sooner. It also notes the Government’s information that section 38 of the Education Act states that all tuition provided for primary and special education in state schools must be provided free of charge. However, parents of learners are required to pay other fees to the School Development Fund which is to be used for facilities at school and improve educational, sports and cultural activities at school. The school board may exempt any parent from the payment of School Development Fund.

The Committee notes with interest the Government’s information that it has adopted a number of “policies and planning documents” to comply with the provisions of the Constitution and the Education Act, including the “Education for All (EFA) National Plan 2001–2015”. The EFA National Plan has identified six national priority objectives, amongst which are: (i) the expansion and improvement of early childhood care and education, especially for the most vulnerable and disadvantaged children; (ii) ensuring that by 2015 all children, particularly girls, children in difficult circumstances and belonging to ethnic minorities, have access to and complete free and compulsory primary education; (iii) eliminating gender disparities in primary and secondary education by 2015 and achieving gender equality in education by 2015 with focus on ensuring girls’ full and equal access to (and achievement of) basic education of good quality. The Committee further notes the Government’s information that the National Gender Policy of 1997 target girls who often have to manage both educational and domestic responsibilities which leads to poor academic performance and dropping out of school at an early age. It also notes the Government’s information that the National Policy on Orphans and Vulnerable Children (OVC) of 2004 outlines the importance of keeping orphans and other vulnerable children at school as being central to strengthening their capacity to meet their own needs. This policy commits the Government to ensuring that all relevant parties are informed about the allowable exemptions from payments to the School Development Fund for children who are unable to pay and that no learner shall be excluded from school due to the inability to pay. The Committee requests the Government to provide information on the implementation of these measures, especially the EFA National Plan, the National Gender Policy and the National Policy on OVC, and their impact on increasing school attendance rates and reducing drop-outs of girls and categories of disadvantaged children. The Committee also requests the Government to supply data on the enrolment and drop-out rates in school.

Clause (d). Identifying and reaching out to children at special risk. 1. Child victims/orphans of HIV/AIDS. The Committee notes the Government’s information that the OVC policy documents states the Government’s commitment to minimize the number of children orphaned as well as the impact of HIV/AIDS on orphans and other vulnerable children in Namibia. The Committee requests the Government to provide information on the impact of the OVC policy on protecting child victims/orphans of HIV/AIDS from the worst forms of child labour.

2. Other children in need. The Committee notes the Government’s information that the National Policy on OVC recognizes the Government’s responsibility for the protection and protection of essential services to orphans and other vulnerable children. In particular, the Government should ensure: the necessary policy and legal framework for the protection of children; adequate resources for agencies tasked with child protection; efficient and speedy access to financial assistance; education, health and other essential services, including the setting up of an appropriate system to identify vulnerable children. The Committee notes the Government’s information that through a cabinet directive the Government ordered the establishment of an autonomous trust fund to supplement state grants made available to OVC and their caregivers. The Committee notes the Government’s information that the National Policy on OVC identifies the extended family and social networks as the best care providers for OVC. The community is targeted as the second safety net for OVC. Community volunteers and outreach workers should be trained on home-based care and psychological support for OVC. The Committee finally notes that a number of child-related welfare grants are available in Namibia which have a bearing on the prevention or reduction of child labour by supporting vulnerable children and their families.

Article 8. International cooperation. The Committee had previously noted that the South African Development Community (SADC), of which Namibia is a member, has developed a SADC Draft Code on Child Labour, which was awaiting approval by the member States. The Committee notes the Government’s information that the SADC Employment and Labour Sector – which had ceased to exist after restructuring within the SADC – has been re-established and has met in February 2007 in Lusaka, Zambia. It also notes the Government’s information that the Reducing Exploitative Child Labour in Southern Africa (RECLISA) programme addresses the situation of children not being in school because of work. This programme aims to reduce the number of children engaged in the worst forms of child labour by increasing the number of children attending school. The Committee once again requests the Government to provide a copy of the SADC Draft Code on Child Labour as soon as it has been approved. It also requests the Government to provide information on the measures taken or envisaged by the SADC Employment and Labour Sector to eliminate the worst forms of child labour. The Committee finally requests the Government to provide information on the results achieved by the RECLISA programme.

Part V of the report form. Application of the Convention in practice. The Committee notes the Government’s information that, as a follow-up to the 1999 Child Activity Survey, the Ministry of Labour and Child Welfare conducted a Child Activity Survey in 2005. In this survey, more questions have been directed to the worst forms of child labour than in the 1999 survey. The Ministry is still in the process of finalizing the results of the survey and writing a report that is expected to be finalized in 2007. It also notes the Government’s information that under the TECL programme, qualitative research was conducted on the worst forms of child labour in Namibia, especially focusing on: children used by adults to commit crimes; children trafficked for labour or sexual exploitation; children working as prostitutes; children working in domestic work and agriculture and in the production of charcoal. Three separate reports were prepared containing the information obtained during the research. The Committee requests the Government to provide a copy of the 2005 survey as soon as it has been finalized. It also requests the Government to provide information on the results of the research conducted under the TECL programme. With regard to the provisions giving effect to the Convention, the Committee requests the Government to provide information on the number and nature of infringements reported and penal sanctions applied.