Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Namibia (Ratification: 1995)

The Committee notes that the Government’s report has not been received. It also notes the comments submitted by the International Confederation of Free Trade Unions (ICFTU) on 31 August 2005 and 10 August 2006 and the Government’s reply thereon.

Article 2 of the Convention. Protection from acts of interference. In previous comments, the Committee had referred to the absence of provisions in the Labour Act, 1992, protecting employers’ and workers’ organizations from acts of interference in each others’ affairs. In this regard the Committee notes that section 49(f) of the 2004 Labour Act makes it an unfair labour practice for employers’ organizations to “seek to control any trade union or federation of trade unions”. It notes further that unions may, under section 50 of the Act, refer complaints of interference to the Labour Commissioner for arbitration, or petition the competent court for relief. Taking into account the fact that the new draft Labour Code has not yet been adopted, the Committee recalls that the law should make express provision for rapid appeal procedures, coupled with effective and dissuasive sanctions against acts of interference (see General Survey of 1994 on freedom of association and collective bargaining, paragraphs 230-232) and requests the Government to take the necessary measures so that the legislation include sufficiently dissuasive sanctions against acts of interference. The Committee also requests the Government to confirm that the competent courts may, within its power to order appropriate forms of relief, also issue cease-and-desist orders regarding acts of interference, and to transmit any copies of judicial decisions or summaries respecting acts of interference in its next report.

Article 4 of the Convention. Recognition for the purpose of collective bargaining.  The Committee requests the Government to confirm that when no union or group of unions covers more than 50 per cent of the workers, collective bargaining rights are granted to the unions in the unit, at least on behalf of their members.

Scope of the Convention. The Committee notes that section 2(d) of the Labour Act exempts from the scope of its provision employees covered by the Prisons Service Act (No. 17 of 1988). In this respect the Committee requests the Government to indicate whether the prison staff covered by the Prisons Service Act possess the right to bargain collectively over the terms and conditions of their employment.

Finally, the Committee requests the Government to indicate the status of the draft Labour Code.