Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted that section 15 of the Prevention of Organised Crime Act of 2004, criminalizes cross-border and internal trafficking in persons for both labour and sexual exploitation and establishes sanctions of imprisonment for a period not exceeding 50 years or a fine. 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 indication that on 4 June 2015, the High Court of the Republic of Namibia handed down a landmark judgment resulting in the first criminal conviction involving a case of child trafficking, where a person was found guilty on five charges of trafficking in persons, under the Prevention of Organised Crime Act of 2004, and convicted to 13 years of imprisonment. The Government indicates that this judgment is an indication that, in practice, penalties for trafficking in persons are not limited to fines but also include imprisonment. The Committee takes note of the adoption of the Child Care and Protection Act No. 3 of 2015, which criminalizes trafficking in children for both labour and sexual exploitation and provides for sanctions of imprisonment for a period up to 20 years or a fine (section 202, 203, 205, 206, 207 and 208 of the Act), as well as protective measures in respect of victims of child trafficking (sections 213 to 218 of the Act). The Committee further notes the Government’s indication that it is currently formulating a stand-alone law on trafficking in persons which not only criminalizes the offence, but also makes provision for the protection of victims and coordination of victim support services. The Bill on Combating Trafficking in Persons has been drafted and will be submitted to the Parliament in due course. The Committee also notes the Government’s indication that a National Plan of Action on Gender-based Violence, including an anti-trafficking strategy, has been drafted as a result of an in-depth study on human trafficking which was conducted by the Namibia Institute of Public Administration and Management and is currently being implemented. The Committee also notes that in its concluding observations of July 2015, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern that Namibia remains a source and destination country in human beings, in particular women and girls, mainly for purposes of both forced labour and sexual exploitation (CEDAW/NAM/CO/4-5).

The Committee notes the efforts made by the Government in order to combat trafficking in persons, both in law and in practice. Recalling the seriousness of the offence of trafficking in persons and the importance of sufficiently dissuasive penalties, the Committee encourages the Government to pursue its efforts with a view to the adoption of the draft Combating Trafficking in Persons Act, and hopes that the question of really adequate sanctions would be examined in this framework in order to ensure that trafficking in persons is punishable with penalties of imprisonment that constitute an effective deterrent, not allowing for the mere imposition of fines. The Committee requests the Government to provide, with its next report, information on the progress made in this regard, as well as a copy of the Combatting Trafficking in Persons Act, once adopted. Pending the adoption of the above referred legislation, the Committee also requests the Government to continue to provide information on the number of investigations, prosecutions and convictions related to trafficking in persons, as well as the specific penalties applied to those convicted.