Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Namibia (Ratification: 1995)

In its previous comments, the Committee had noted with concern that section 8(1) of the Export Processing Zones Act, 1995 (Act No. 9 of 1995) stipulated that the provisions of the Labour Act did not apply in an export processing zone (EPZ) and requested the Government to take appropriate steps to amend Act No. 9 so as to ensure the application of the Labour Act in EPZs.

In this regard, the Committee notes with interest the adoption of the Export Processing Zones Amendment Act, 1996, which provides that the Labour Act shall be applicable in an export processing zone, subject to certain modifications and exceptions. The Committee must, however, note with concern that the EPZ Amendment Act prohibits any employee from taking action by way of, or participating in, a strike in an export processing zone. In this respect, the Committee would draw the Government's attention to paragraph 169 of its 1994 General Survey on freedom of association and collective bargaining in which it has indicated that the prohibition of strikes in export processing zones is incompatible with the provisions of the Convention, which provide that all workers, without distinction whatsoever, shall have the right to establish organizations of their own choosing and that such organizations shall have the right to organize their activities and to formulate their programmes without interference by the public authorities (Articles 2 and 3 of the Convention).

The Committee therefore requests the Government to take appropriate steps to further amend the Export Processing Zones Act so as to ensure that workers in export processing zones, like other workers in the country, are not denied the right to strike and requests the Government to indicate in its next report the progress made in this regard.