Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

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

The Committee notes the comments submitted by the Public Service Union of Namibia (PSUN) dated 26 October 2007, and by the International Trade Union Confederation (ITUC) dated 29 August 2008, concerning the application of the Convention and, in particular, the exclusion of prison service staff from the provisions of the new Labour Act of 2007, and hence from the guarantees afforded by the Convention.

Article 2 of the Convention. Right to organize of prison staff. The Committee notes the adoption of the new Labour Act of 2007, which is not yet in force. The Committee notes that section 2(2)(d) of the Labour Act excludes members of the Namibian Prison Service from the Labour Act’s provisions, unless the Prisons Service Act, 1998 (Act No. 17 of 1998) provides otherwise. The Committee further notes, in this regard, that the Prisons Service Act does not provide for the extension of the new Labour Act’s guarantees to the Namibian Prison Service; nor does it contain any provisions establishing freedom of association rights for the latter.

The Committee notes the Government’s indication that it is willing to consider the issue, and that it is therefore thought appropriate to first consult widely with all the relevant parties before a decision is taken on whether to amend the Labour Act or the Prisons Service Act in order to give effect to the principles of freedom of association and the right to organize, as well as to provide for effective mechanisms to deal with and resolve labour disputes. The Committee further notes that, according to the Government, the consultation process – which would include the ILO – will take considerable time before any tangible decision to change the legislation can be taken. In these circumstances, the Committee expresses the hope that the necessary legislative amendments to guarantee to the prisons service the rights provided under the Convention will be adopted in the near future and requests the Government to indicate, in its next report, any developments in this regard.

A request concerning other points is being addressed directly to the Government.