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

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

Articles 1 and 2 of the Convention. Protection in practice against acts of anti-union discrimination and interference. In its previous direct request, the Committee had requested the Government to provide detailed information indicating whether any cases alleging anti-union discrimination and interference had proceeded to arbitration under the Labour Act and, if so, the length of time that those arbitration procedures had taken as well as the outcome. The Committee notes the Government’s indication that since the commencement of the Alternative Dispute Resolution (ADR) system in 2007, no case of such nature has been submitted to the Labour Commissioner. Observing that cases alleging anti-union discrimination can be also brought directly before the Labour Court, the Committee requests the Government to provide detailed information on the number and nature of complaints brought to courts or to arbitration, the length of proceedings and their outcome as well as the remedies granted and the penalties imposed.

Article 4. Recognition for purposes of collective bargaining. In its previous direct request, the Committee had noted the Government’s indication that there was no obligation on employers to bargain collectively with a union that has less than 50 per cent representation in the bargaining unit, as the law does not make provision for minority unions to enjoy bargaining rights. It had, however, noted with interest the example of a collective agreement signed with three minority trade unions on 10 July 2014, setting minimum wages between the Security Association of Namibia and the Namibia Transport and Allied Workers Union, the Namibia Security Guards Watchmen’s Union, and the Namibia Independent Security Union. The Committee recalls that while it is acceptable that the union which represents the majority or a high percentage of workers in a bargaining unit should enjoy preferential or exclusive bargaining rights, it considers that in cases where no union meets these conditions, or does not enjoy such exclusive rights, minority trade unions should at least be able to conclude a collective or direct agreement on behalf of their own members (see General Survey on the fundamental Conventions, 2012, paragraph 226). The Committee requests the Government to provide exhaustive information on the possibility for minority unions in the bargaining unit to enjoy collective bargaining rights in cases where there is no union representing 50 per cent of the workers concerned, and in particular to give additional concrete examples of collective agreements signed under the abovementioned circumstances.

Trade union federations and confederations and collective bargaining. In its previous direct request, the Committee had requested the Government to provide information on any steps taken to ensure that trade union federations and confederations can exercise the right to bargain collectively. The Committee notes the Government’s indication that the Labour Act already allows registered trade unions or a group of registered trade unions representing the majority of employees to bargain collectively. The Committee further notes that the Government states that, in practice, trade unions are affiliated to regional and international confederations, and that it has never received an application from any federation to form a confederation. The Committee notes with interest the Government’s indication that the Labour Act is currently under review and that the right to form confederations as well as the right for the federations and confederations to bargain collectively will be spelt out explicitly in the final amendments. The Committee expects that the relevant legislative amendments will soon be adopted in order to ensure that trade union federations and confederations can exercise the right to bargain collectively. The Committee requests the Government to provide information on any progress made in this regard. The Committee reminds the Government once again that it may seek technical assistance from the Office with regard to the possible role and involvement of federations and confederations in the national system of collective bargaining.