Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Namibia (Ratification: 1995)

The Committee notes the observations of the International Trade Union Confederation (ITUC), received on 1 September 2017, alleging violations of the Convention in specific enterprises and public institutions. The Committee requests the Government to provide its comments in this regard.

Articles 1 and 4 of the Convention. Adequate protection against anti-union discrimination and promotion of collective bargaining in export processing zones (EPZs). In its previous observation, the Committee had requested the Government to indicate the steps that it was taking to ensure the full application of the Convention in EPZs in practice, in particular by promoting collective bargaining and effective protection against anti-union discrimination. The Committee notes the Government’s indication that the Convention as well as the freedom of association provisions of the Labour Act are fully applicable in EPZs. The Committee welcomes the example of the mining sector provided by the Government according to which the Mineworkers Union of Namibia (MUN) has been granted exclusive bargaining status in a mineral processing EPZ company. The Committee requests the Government to continue to provide examples in practice and to indicate the concrete measures taken to ensure protection against anti-union discrimination and the promotion of collective bargaining in EPZs. The Committee also requests the Government to supply information on the number of complaints alleging anti-union discrimination and their outcome as well as the number of collective agreements signed in the EPZs and the number of workers covered.

Article 6. Rights of prison staff. In its previous observation, the Committee trusted that the Government would take steps to ensure that the prison services enjoy the guarantees under the Convention in the near future, and had requested the Government to provide information on developments in relation to the adoption of new legislation in this regard. The Committee notes the Government’s statement in its report on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), for the year 2017, in which it indicates that a Tripartite Working Committee has been established and is currently reviewing the Labour Act, including the prison service issue. The Committee expects and firmly hopes that the comments it has been making in this regard for a number of years will be taken into account during the legal review, in order to ensure that prison staff enjoy the rights enshrined in the Convention. It requests the Government to provide information on any progress made in this regard.

The Committee is raising other matters in a request addressed directly to the Government.