Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

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

Article 2 of the Convention. Right to organize of prison staff. In its previous comments, the Committee had noted 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 noted, 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 their freedom of association rights.

The Committee had noted the Government’s indication that it was 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 notes that, in its report, the Government indicates that it is in the process of consulting in the Cabinet with the hope that permission will be granted to proceed with the legislative amendments that are required. In these circumstances, the Committee once again expresses the hope that the necessary legislative amendments to guarantee to the prison 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.

Finally, the Committee notes the comments made by the International Trade Union Confederation (ITUC) in a communication dated 24 August 2010 on the application of the Convention, and in particular on the arrests of trade unionists who were participating in strike pickets. The Committee recalls that the detention of trade union members for trade union activities is contrary to the principles of freedom of association. The Committee requests the Government to provide its observations in this respect.

The Committee is raising other points in a request addressed directly to the Government.