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

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

Article 3 of the Convention. Worst forms of child labour. 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. It also noted the statement in the Government’s report to the Committee on the Rights of the Child (CRC) of 15 September 2011 that the criminal and sexual exploitation of children 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). However, the Committee noted that the draft Child Care and Protection Bill had been developed, and that section 176(1)(a) of this Bill would prohibit the use, procuring or offering of a child for the purpose of commercial sexual exploitation.

The Committee notes the Government’s statement that the draft Child Care and Protection Bill is with the legal drafters at the Ministry of Justice. The Government states that after its finalization, it will be tabled before Parliament. The Committee requests the Government to take the necessary measures to ensure 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 entitled “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. However, the Committee noted 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.

The Committee notes, as above, the Government’s statement that the draft Child Care and Protection Bill is with legal drafters of the Ministry of Justice, and will be presented to Parliament once finalized. 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 section 3(3)(d) and section 3(4) of the Labour Act prohibits six types of hazardous work for children between the ages of 14 and 18. In addition, the Committee noted the Government’s indication that a list of hazardous work (in terms of Conventions Nos 138 and 182) had been developed by the Project Advisory Committee on Child Labour. This list was subsequently submitted to the Labour Advisory Council for its consideration.

The Committee notes the Government’s statement that the Labour Advisory Council approved the submitted list without any modifications. The Government also indicates that the Labour Advisory Council recommended the list to the Minister of Labour and Social Welfare for approval, and that once this list is approved by the Minister, the supporting regulations for hazardous work will be developed. The Committee requests the Government to take the necessary measures to ensure the elaboration and adoption of regulations containing a further 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.