Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Labour Administration Convention, 1978 (No. 150) - Namibia (Ratification: 1996)

Article 4 of the Convention and Parts III and IV of the report form. Organization and effective operation of a system of labour administration. The Committee notes with interest the adoption of the Labour Act, 2007 which covers, under Chapter 9, the establishment and functioning of a number of labour institutions (Labour Advisory Council, Committee for Dispute Prevention and Resolution, Essential Services Committee, Wages Commission, Labour Commissioner, Labour Inspectorate). The Committee would be grateful if the Government would furnish extracts of reports or other periodical information provided by these bodies and information on any practical difficulties encountered in the application of the Labour Act in practice. Noting, moreover, that the Labour Court is also established under Chapter 9 of the Labour Act, the Committee would be grateful if the Government would forward to the ILO any decisions involving questions of principle in relation to the application of the Convention.

Articles 6 and 7. Preparation, administration, coordination, checking and review of national labour policy and progressive extension of the functions of the labour administration system to workers who are not, in law, employed persons. The Committee notes with interest the Labour Force Survey 2008, a copy of which was provided by the Government, and which provides a wealth of information on the state of the labour force in the country. The Committee notes that one of the policy findings of the Survey is that the country’s economic and employment policies have not been sufficiently employment friendly to make a dent in the rate of unemployment which varies from 64.9 per cent in rural areas to 36.4 per cent in urban ones; the Survey therefore calls for more effective policies for job creation devised in collaboration with the social partners. The Committee also notes the other policy findings of the Survey which include the need for: (i) urgent government intervention to promote youth employment with special emphasis on entrepreneurial skills training; (ii) a concerted effort by all stakeholders to identify and/or introduce more developmental programmes in rural areas; (iii) special programmes like the establishment of regional development funds to provide support and facilitate entrepreneurial activities in disadvantaged regions; and (iv) the establishment of regional economic development planning services, which are intended to help communities develop the local economy and generate new employment and investment. The Committee would be grateful if the Government would furnish further information, including any available statistical data, on the measures taken or contemplated in the light of the policy findings and recommendations of the Labour Force Survey 2008. It would also be grateful if the Government would communicate a copy of the next Labour Force Survey which is periodically published. Noting moreover that, according to the preface of the Labour Force Survey 2008, a report on the characteristics of the informal sector will be published separately, the Committee would be grateful if the Government would communicate a copy of this report as well as information on any measures taken or contemplated as a follow-up to its findings.

Article 10. Staff, material means and financial resources of the labour administration system. The Committee notes with interest that, according to the Government, the Division of the Labour Inspectorate has been restructured by adding 32 administration staff to bring the total to 81. Moreover, the Occupational Health and Safety Division has been restructured by adding seven posts to bring them up to a total of 25. The Committee also notes, however, that according to section 124(3) of the Labour Act 2007, the Minister may suspend or withdraw the appointment of a labour inspector. The Committee requests the Government to specify the grounds on which the Minister may suspend or withdraw the appointment of a labour inspector and to provide relevant examples. Moreover, noting that section 124 generally concerns the appointment of labour inspectors without specifying the relevant process and criteria, the Committee would be grateful if the Government would provide details on the process of appointment, the qualifications required for the selection of labour inspectors, as well as their status and conditions of service once appointed.

Finally, with reference to its previous comments, the Committee requests the Government to provide information on the revision of the structure of the Directorate for Labour Services and the number of administration staff (number, grade, field of specialization, geographical distribution, etc.) and to indicate, if possible, the proportion of the national budget allocated to the labour administration system.

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