Direct Request (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 Government’s report and the provisions of the new Labour Act of 2007.

Article 3 of the Convention. The Committee notes that section 77 establishes the procedures for the determination of an essential service, and in particular that the final decision on the determination of a service as essential rests with the Minister of Labour, after consideration of the recommendations formulated by the Labour Advisory Council (sections 77(4) and 77(15)). The Committee requests the Government to indicate whether parties directly affected by decisions of the Minister taken under section 77 of the Labour Act may appeal the Minister’s decisions, and if so to indicate the legal provision providing for this right of appeal.

Article 5. The Committee notes that section 59 of the Labour Act guarantees to trade unions and employers’ organizations the right to form and participate in the activities of federations, as well as the right to affiliate with, and participate in, the activities of international organizations. The Committee requests the Government to indicate whether federations of workers’ and employers’ organizations have the right to form confederations.