Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Forced Labour Convention, 1930 (No. 29) - Namibia (Ratification: 2000)
Protocol of 2014 to the Forced Labour Convention, 1930 - Namibia (Ratification: 2017)

Articles 1(1) and 2(1) of the Convention. Freedom of public servants to leave their service. In its previous comments, the Committee referred to the provisions of section 24 of the Public Service Act, 1995, concerning retirement and discharge of staff members, and requested the Government to indicate whether staff members of the public service had the right to leave the service at their own request, by means of notice of a reasonable length. In this regard, the Committee noted the adoption of the Labour Act in 2007, section 30, of which provides for a possibility to terminate employment with notice. The Committee also noted that section 2(4) and (5)(c) of the Labour Act specifies that the provisions of the Labour Act prevail in case of a conflict between the Act and “any law on the employment of persons in the service of the State”. It further noted the Government’s indication that the Public Service Act would be reviewed, and requested information on measures taken in this regard.

The Committee notes the Government’s statement that the Office of the Prime Minister conducted a comparative analysis of the Public Service Act, with a view to aligning it with the Labour Act, 2007. The Government indicates that this analysis revealed that the provisions of the Public Service Act were already in line with the Labour Act, and that therefore, no amendments were required.

Article 2(2)(b) and (e). Normal civic obligations. The Committee previously noted that, under article 9(3)(e) of the Namibian Constitution, the expression “forced labour” does not include any labour reasonably required as part of reasonable and normal communal or other civic obligations. The Committee requested the Government to provide information on the effect given to this provision in practice. The Committee notes the Government’s indication that this article of the Constitution has never been applied, and that therefore, the Government is not able to provide examples of its application in practice.

Article 2(2)(c). Conviction in a court of law. The Committee previously noted that, under article 9(3)(a) of the Namibian Constitution, the expression “forced labour” does not include any labour required in consequence of a sentence or order of a court. The Committee recalled that, according to Article 2(2)(c), work can only be exacted from a person as a consequence of a conviction in a court of law, and requested the Government to clarify the meaning and the scope of an “order of a court” (as opposed to a sentence in criminal proceedings).

The Committee notes the Government’s statement that there have not been any orders of courts requiring a person to perform labour. The Committee also notes that section 81(1) of the Prisons Act of 1998 states that only prisoners detained in prison pursuant to a sentence of imprisonment shall be required to perform labour. Moreover, section 82 of the Prisons Act stipulates that a prisoner detained pending the determination of criminal proceedings or the determination of appeal proceedings shall not be required to perform general labour.

Article 25. 1. Penalties for the exaction of forced or compulsory labour. The Committee previously noted that pursuant to section 4(3) of the Labour Act, 2007, the illegal exaction of forced labour is punishable with penalties of imprisonment for a term of up to four years and heavy fines. It requested information on the application of this section in practice. The Committee notes the Government’s statement that the Office of the Labour Commissioner has not received any referrals or disputes related to section 4 of the Labour Act. The Committee requests the Government to continue to provide information on the application of section 4(3) of the Labour Act in practice, including any violations, investigations, prosecutions, convictions and penalties applied. It also requests the Government to indicate the measures taken to provide training to law enforcement officials and labour inspectors in this regard.

2. Penalties for trafficking in persons. The Committee notes that the Prevention of Organized Crime Act (No. 29 of 2004) came into force on 5 May 2009. The Committee notes with interest that section 15 of the Prevention of Organized Crime Act prohibits both cross-border and internal trafficking. However, the Committee notes that section 15 of the Act also states that a person who commits the offence of trafficking, or aids or abets trafficking, is liable to a fine not exceeding l million Namibian dollars (NAD) (approximately US$131,030) or to imprisonment for a period not exceeding 50 years. In this regard, the Committee observes that pursuant to section 15, a person convicted of trafficking could possibly only be required to pay a fine. In this respect, the Committee refers to the explanations contained in paragraph 137 of its General Survey of 2007 on the eradication of forced labour and recalls that given the seriousness of the offence of trafficking and the importance of sufficiently dissuasive penalties, legislation providing for a fine or imprisonment cannot be considered effective. The Committee therefore requests the Government to provide information on the specific penalties imposed on persons convicted under section 15 of the Prevention of Organized Crime Act in practice, as well as information on the number of investigations, prosecutions and convictions related to the trafficking of persons.