Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Labour Administration Convention, 1978 (No. 150) - Namibia (Ratification: 1996)

Technical assistance. Labour administration and inspection needs assessment. The Committee notes that a labour administration and inspection needs assessment (hereinafter: the 2011 needs assessment) was conducted by the ILO in 2011, following a request for technical assistance by the Government. It notes that this needs assessment contained recommendations that concern the application of this Convention. The Committee requests that the Government indicate the steps taken or envisaged with a view to the application in law and practice of the provisions of the Convention, in light of the recommendations made in the 2011 audit, and to provide a copy of any texts adopted in this regard.

Article 4 of the Convention. Organization, effective operation and coordination of the functions and responsibilities of the labour administration system. The Committee notes that the 2011 needs assessment recommended a review of the organizational structure of the Ministry of Labour and Social Security in order to systematically structure its key mandates (labour, employment, inspection, industrial relations and social protection). In this regard, the needs assessment also recommends that the Ministry should play a stronger role in coordinating issues related to labour policy, especially for the creation of decent job opportunities. Moreover, inter-ministerial and inter-departmental cooperation should be strengthened and the regional structure reviewed to improve the coverage by the services of the Ministry. The Committee requests that the Government provide information on any steps taken or envisaged to implement the recommendations in the 2011 needs assessment concerning the organization, effective operation and coordination of the services of the labour administration system.

Article 5. Tripartite consultation, cooperation and negotiation within the system of labour administration at national, regional and local levels. The Committee notes that the 2011 needs assessment recommends the formulation, after consultation with representative social partners’ organizations, of the Ministry’s industrial relations policy. Moreover, the needs assessment recommended that, in consultation with the most representative employers’ and workers’ organizations, a discussion on the model of national and regional tripartite social dialogue appropriate for Namibia, be launched. It was recommended that this include an evaluation of the current functioning of the Labour Advisory Council, its competencies and working methods. The Committee requests that the Government provide information on any measures taken in order to follow up these recommendations.

Articles 5 and 6. Preparation, administration, coordination, checking and review of national labour policy. The Committee previously noted that the 2008 Labour Force Survey called for the development of more effective policies for job creation in collaboration with the social partners to address the unemployment rate which varied from 64.9 per cent in rural areas to 36.4 per cent in urban ones (including the urgent need for Government intervention to promote youth employment). In this respect, the Committee notes that the 2011 needs assessment recommended the development of an active labour market policy by the Ministry of Labour and Social Security addressing both the high unemployment rate and the lack of qualified workers and, for this purpose, the strengthening of the Ministry both in terms of staff of employment services and budget for labour market programmes.

The Committee notes the Government’s indication in its report that one of the three overarching goals of the current National Development Plan for the period until 2016–17 is employment creation, and that a reduction in the unemployment rate in recent years has been achieved (according to the information in the 2014 Labour Force Survey available on the internet, the unemployment rate in Namibia dropped to 28.1 per cent in 2014). The Committee further notes from the information provided by the Government that: (i) the development budget has increased by about 15.9 per cent; (ii) the State Owned Enterprises (SOE) were funded for investment in flagship infrastructure projects; and (iii) SOEs have been engaged in consultations on labour policy with a view to addressing the current status of labour relations in these enterprises. The Committee requests that the Government provide detailed information on the employment promotion measures of the Ministry of Labour and Social Security (including on the adoption of a national employment policy, the allocation of budget for labour market programmes and the number and qualification of staff working within the labour employment services). It also requests that the Government provide information on the impact of these measures, including on the employment rate of vulnerable categories of workers, including women, young persons, older workers and the long-term unemployed. The Committee further requests that the Government provide information on the consultations undertaken with the social partners in this respect.

Article 7. Progressive extension of the functions of the labour administration system to workers who are not, in law, employed persons. In its previous comments, the Committee noted that, according to the Government, self-employed persons could register with the social security authorities under section 2(2) of Act No. 34 of 1994. The Committee notes from the information in the 2014 Labour Force Survey that 41.1 per cent of the population are estimated to work in the informal sector. It further notes that the Government indicates that the extension of the functions of the labour administration to “workers” who are not, in law, employed persons is not currently envisaged. The Government states that once workers who are regarded as employed person by the law are fully covered by the labour administration system, its functions may be gradually extended to the “workers” mentioned in Article 7(a)–(d). The Committee requests that the Government continue to provide information in this regard.

Article 10. Human resources and material means of the labour administration services. The Committee welcomes the information provided by the Government concerning a further increase in the number of labour inspectors (from 81 to 111 at the Labour Inspectorate Division and from 25 to 47 at the Occupational Health and Safety Division). It also notes the Government’s indication that labour inspectors are public servants and that their conditions of service including recruitment and remuneration are governed by the Public Services Act (No. 13 of 1995). In reply to its previous request, the Committee notes that the Government indicates that the Minister may suspend or withdraw the appointment of labour inspectors if they are not fit to perform their duties under the Public Services Act, but it does not provide the requested information on relevant examples.

The Committee also notes the indication of the Government that 10.4 per cent of the total operational spending of the national budget is allocated to the national administration as a whole and that the Government does not specify the amount dedicated to labour administration. It further notes the recommendation in the 2011 needs assessment (based on a perceived insufficiency in terms of the number of labour officials, their qualification and training in some services) that a comprehensive audit be undertaken (the terms of reference for such an audit are attached to the 2011 needs assessment). The Committee further notes from the 2011 needs assessment that the state of office facilities, including transport facilities, is not adequate for the performance of the duties of labour inspectors. The Committee requests that the Government indicate whether the abovementioned audit concerning the staff situation of the labour administration services has been undertaken and, where applicable, to provide information on its findings and any measures taken as a result. It once again requests that the Government provide information on the number of all staff working within all services of the labour administration (number, grade, field of specialization, geographical distribution, etc.) and to indicate, if possible, the proportion of the national budget allocated to the labour administration system. The Committee also requests that the Government provide information on the material working conditions of the staff of the labour administration services (availability of office space, computers, telephones, transport facilities, etc.), as well as on the training provided to the staff of the labour administration services. The Committee also requests that the Government specify the criteria applied by the Minister to determine whether labour inspectors are unfit to perform their duties, and the number of cases in which labour inspectors were suspended, dismissed or moved to other duties.

Application of the Convention in practice. The Committee previously noted that Chapter 9 of the 2007 Labour Act covers the establishment and functioning of a number of labour institutions (that is, the Labour Advisory Council, the Committee for Dispute Prevention and Resolution, the Essential Services Committee, the Wages Commission, the Labour Commissioner and the Labour Inspectorate). The Committee notes that the Government provides information on the functions and some of the activities undertaken by these institutions (for example, the recommendations made by the Wages Commission prior to the adoption and entry into force of the Minimum Wages Order for domestic workers in 2015), but that it does not provide the requested extracts of reports or other periodical information of these bodies. The Committee welcomes however, the Government’s provision of a weblink to the 2008–09 and 2009–10 annual reports of the Social Security Commission Board. The Committee once again requests that the Government furnish extracts of reports or other periodical information of the abovementioned bodies and, where applicable, information on any practical difficulties encountered in practice.