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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Namibia (Ratification: 2001)

Sexual harassment. The Committee notes the Government’s indication that the Labour Advisory Council has developed a code of good practice on sexual harassment which has been submitted to the Minister of Labour and Social Welfare. The Government also indicates that the Office of the Labour Commissioner has published brochures including definitions of sexual harassment and remedies available to victims which are distributed at trade fairs, and are also available at every labour office in the country. The Committee also notes the Government’s indication that the Ministry of Labour plans to use a team of its experts to sensitize the public on the issue of sexual harassment. The Government states that it will continue to raise awareness related to sexual harassment by carrying out community outreach programmes. The Committee requests the Government to provide a copy of the code of good practice on sexual harassment, and to provide information on how the code will be implemented. The Committee also requests information on the content and status of the sensitization activities planned by the Ministry of Labour. The Committee once again requests information on judicial or administrative decisions defining and interpreting section 5(7)(b) of the Labour Act 2007.

Articles 1 and 2 of the Convention. Equality of opportunity and treatment of members of the Himba and San communities. The Government indicates that it carries out special programmes for the San and Himba communities under the Office of the Deputy Prime Minister. In this regard, the Government states that it has established houses, schools, clinics and a school feeding program which have contributed to the increase of school attendance among the Himba and San populations. The Committee notes from the report of the Special Rapporteur on the rights of indigenous peoples that despite the progress made in the realm of education, members of the Himba and San communities continue to lag behind other groups due to barriers which include school development fees, distances from schools, and bullying (A/HRC/24/41/Add.1, 25 June 2013, paragraphs 92–93). The Committee also notes the concerns raised by the Special Rapporteur on the situation of the rights of marginalized indigenous peoples over their traditional lands and resources, and in particular on the problem of landlessness of San groups (ibid., paragraphs 77–78). With regard to employment, the Government states in its report submitted to the Working Group on the Universal Periodic Review of the Human Rights Council that it has given directives to all Ministries and Regional Governments to apply affirmative action principles with regard to the employment of San people (A/HRC/WG.6/10/NAM/1, 10 November 2010, paragraph 11). The Committee notes that the office of the Ombudsman with the assistance of the ILO recently commenced the drafting of the white paper on the rights of indigenous peoples in Namibia, which will be based on the principles of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the United Nations Declaration on the Rights of Indigenous Peoples. The Committee also notes the Government’s indication that it has not yet considered the ratification of Convention No. 169. The Committee requests the Government to continue to provide information on the measures taken to improve the educational and employment situation of the Himba and San peoples, and to provide statistical information on the evolution in this regard. The Committee also asks the Government to provide information on specific measures taken or envisaged to address the rights of marginalized indigenous peoples over their traditional lands and resources. The Committee encourages the Government to consider the possibility of ratifying Convention No. 169, and requests it to continue to provide information on any progress in this respect. Please also continue to provide information on the progress of the white paper on the rights of indigenous peoples, and on any developments regarding the prospects with respect to the ratification of Convention No. 169.

Article 2. National policy to promote gender equality in employment and occupation. With regard to the Employment Services Act of 2011, which prohibits discrimination by private employment agencies in the advertisement of positions or in the recruitment or referral of persons for prospective employment, the Committee notes that 11 private employment agencies have been registered under the Act. The Committee notes the Government’s indication that an implementation plan for the Act which includes an awareness-raising strategy has been put into place. The Government also indicates that the National Gender Policy (2010–20) is in place, and that the Draft National Employment Policy was to be launched at the end of October 2013. The Committee notes from section 2.1.2 of the National Gender Policy that there are 102 girls enrolled in primary school for every 100 boys and 113 girls enrolled for every 100 boys in secondary school. Section 4.2 of the policy, which aims to continue to reduce gender inequalities in education and increase women’s access to vocational training, indicates that despite the overall improvement in the education of girls, significant regional disparities continue to exist. The Committee also notes that section 4.5 of the policy aims to increase women’s access to productive resources including land, employment and training. The Committee requests the Government to provide information on the content of the implementation plan put in place for the Employment Services Act of 2011, including information on specific awareness-raising activities. The Committee also requests the Government to provide information on the implementation of sections 4.2 and 4.5 of the National Gender Policy (2010–20), including measures taken to reduce regional disparities in education, and to increase women’s access to vocational training and employment.

Parts III and IV of the report form. Monitoring and enforcement. The Government indicates that there were no cases brought before the courts or other competent bodies relevant to non-discrimination provisions. The Committee notes that, where no cases or complaints are being lodged, this may indicate a lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (General Survey on the fundamental Conventions, 2012, paragraph 870). The Committee therefore asks the Government to provide information on specific measures taken to raise awareness and promote the principle of equality of opportunity and treatment. The Committee also asks the Government to continue to provide information on any cases involving discrimination in employment and occupation dealt with by the competent authorities.