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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Namibia (Ratification: 2000)

Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that, due to the absence of a specific provision on human trafficking in Namibia, no prosecutions or convictions were recorded for trafficking in persons during the reporting period. It therefore requested the Government to take the necessary measures to ensure the adoption of legislation prohibiting the sale and trafficking of children under 18 years.

The Committee notes with satisfaction that section 15 of the Prevention of Organized Crime Act (No. 29 of 2004) prohibits trafficking in persons, and notes that this Act came into force on 5 May 2009. The Committee also notes that section 1 of the Prevention of Organized Crime Act defines trafficking as the recruitment, transfer, harbouring or receipt of persons by means of threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability, or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. The Committee requests the Government to provide information on the application in practice of the Prevention of Organized Crime Act, including statistics on the number and nature of reported violations, investigations, prosecutions, convictions and penalties imposed.

Clause (b). Use, procuring or offering of a child for prostitution or for the production of pornography or for pornographic performances. The Committee previously observed that the prohibitions related to prostitution contained in national legislation (particularly in the Immorality Act 1988 and the Immoral Practices Act 1980) did not encompass the use, procuring or offering of all persons under the age of 18 for the purpose of prostitution or pornography. However, the Committee noted the information in the Action Programme to Eliminate Child Labour in Namibia 2008–12 (APEC 2008–12), that a draft of the Child Care and Protection Bill contained provisions prohibiting the commercial sexual exploitation of children.

The Committee notes the information provided by the Government in the report of the Working Group on the Universal Period Review of the UN Human Rights Council of 31 May 2011 that the Child Care and Protection Bill was approved by Cabinet in May 2011 and is due to be tabled in Parliament soon (A/HRC/17/14/Add.1, paragraph 5). The Committee also notes that section 176(1)(a) of the draft Child Care and Protection Bill prohibits the use, procuring or offering of a child for the purpose of commercial sexual exploitation. The Committee further notes the statement in the Government’s report to the Committee on the Rights of the Child of 15 September 2011 that the criminal and sexual exploitation of children had occurred in the country both through children being prostituted, and through adults taking advantage of needy children by providing basic necessities in return for sex (CRC/C/NAM/2-3, paragraph 226). The Committee therefore expresses the hope that the draft Child Care and Protection Bill will prohibit the use, procuring and offering of all persons under the age of 18 for prostitution and pornography, and will be adopted without delay. It requests the Government to provide a copy of the Child Care Protection Act, once adopted.

Clause (c). Use, procuring or offering of a child for illicit activities. In its previous comments, the Committee noted that national legislation did not appear to prohibit the use, procuring or offering of a child for illicit activities. It also noted that the 2007 ILO rapid assessment study “Children used by adults to commit crimes (CUBAC) in Namibia” indicated that approximately one third of children involved in crimes had been used by adults to commit such crimes.

The Committee notes that section 176(1)(b) of the draft Child Care and Protection Bill prohibits the use, procuring or offering of a child for illicit activities, including drug production and trafficking. Recalling that, by virtue of Article 3(c) of the Convention, the use of children by adults for illicit activities, including to commit crimes, is considered to be one of the worst forms of child labour, the Committee urges the Government to take the necessary measures to ensure the adoption of the draft Child Care and Protection Bill in the near future.

Article 4(1). Determination of types of hazardous work. The Committee previously noted that, pursuant to section 3(3)(d) and section 3(4) of the Labour Act, children between the ages of 14 and 18 are prohibited from performing the types of hazardous work listed in section 3(3)(d), including: (i) work underground or in a mine; (ii) construction or demolition work; (iii) manufacture of goods; (iv) work related to the generation, transformation or distribution of energy; (v) work related to installing or dismantling machinery; and (vi) any work-related activities which may place the child’s health, safety, physical or mental health or spiritual, moral or social development at risk.

The Committee notes the Government’s statement that a list of Hazardous Work (in terms of Conventions Nos 138 and 182) was finalized by the Towards the Elimination of the worst forms of Child Labour project (TECL), phase II, Project Advisory Committee on Child Labour, and that this list has been submitted to the Tripartite Labour Advisory Council for its consideration and recommendation to the Minister of Labour and Social Welfare. The Government indicates that supporting regulations for hazardous work will subsequently be developed, pursuant to this list. The Committee requests the Government to take the necessary measures to ensure the elaboration and adoption of regulations containing a determination of prohibited types of hazardous work. It requests the Government to provide a copy of the relevant regulations, once adopted.

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