Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 25 of the Convention. 1. Penalties for the exaction of forced or compulsory labour. The Committee previously requested information concerning the application of section 4(3) of the Labour Act, 2007, pursuant to which the exaction of forced labour is punishable with penalties of imprisonment for a term of up to four years and heavy fines. It also requested information on the measures taken to provide training to law enforcement officials and labour inspectors in this regard.

The Committee notes the Government’s statement that there have been no recorded cases concerning violations of section 4(3) of the Labour Act. The Government indicates that labour inspectors and law enforcement officials are provided training on a regular basis in this regard.

2. Penalties for trafficking in persons. The Committee previously noted that section 15 of the Prevention of Organized Crime Act prohibits both cross border and internal trafficking. However, it observed that pursuant to this provision, a person convicted of trafficking could possibly only be required to pay a fine. In this respect, the Committee recalled that, given the seriousness of the offence of trafficking and the importance of sufficiently dissuasive penalties, legislation allowing for perpetrators of trafficking in persons to only be punished with a fine cannot be considered effective.

The Committee notes the Government’s reference to one case reported to police related to human trafficking, where the charges were later withdrawn. The Committee requests the Government to continue to provide information on the application of section 15 of the Prevention of Organized Crime Act in practice, including the number of investigations, prosecutions and convictions related to trafficking in persons, as well as the specific penalties applied to those convicted.