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

Abolition of Forced Labour Convention, 1957 (No. 105) - Namibia (Ratification: 2000)

Communication of texts. The Committee notes the Electoral Act, 1992, supplied by the Government with its report. It again requests the Government to supply with its next report copies of the laws governing the press and other media, public assemblies, meetings and demonstrations, as well as political parties, which the Government indicated were attached to the report, but which have not been received in the ILO.

Article 1(c) of the Convention. Disciplinary measures applicable to seafarers. The Committee previously noted the provisions of sections 174(2)(b), (c) and (d); 175(1) and (2); and 176(1) and (2) of the Merchant Shipping Act, read in conjunction with section 313 of the same Act, under which penalties of imprisonment (involving, by virtue of section 81 of the Prisons Act, 1998, an obligation to perform labour) may be imposed for breaches of discipline such as desertion, absence without leave, disobedience and neglect of duty. Sections 321 and 322 of the same Act provide for the forcible conveyance of seafarers on board ship. The Committee recalled that Article 1(c) expressly prohibits the use of any form of forced or compulsory labour as a means of labour discipline. It requested the Government to provide information on the measures taken with a view to amending the above provisions in order to bring the legislation into conformity with the Convention.

The Committee takes due note of the Government’s statement in the report that the Labour Act of 2007 takes precedence over all labour legislation and applies to all employers and employees, with the exception of members of the Defence Force and certain public services listed in section 2(2). As regards section 2(4) of the Labour Act, to which reference has been made in the report, the Committee notes that this section relates to a conflict between the provisions of the Labour Act and other laws listed in section 2(5), including the Merchant Shipping Act. The Committee observes, however, that the Labour Act contains no provisions concerning labour discipline in merchant shipping, and consequently the provisions of the Merchant Shipping Act referred to above remain applicable.

The Committee therefore reiterates its hope that the necessary measures will be taken with a view to amending the provisions of the Merchant Shipping Act, either by repealing sanctions involving compulsory labour or by restricting their application to situations where the ship or the life or health of persons are endangered (as is the case, for example, in section 174(1) of the same Act), in order to bring the legislation into conformity with the Convention. The Committee requests the Government to provide information in its next report on the progress made in this regard.