Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. In its last comment, the Committee had requested the Government to clarify whether the definition of “sexual harassment” in section 5(7)(b) of the Labour Act covered sexual harassment due to a hostile environment and to adopt practical measures to address all forms of sexual harassment in employment and occupation. The Committee notes that in its report, the Government indicates that it welcomes the recommendation of the Committee to include a clear definition of “sexual harassment” that encompasses both quid pro quo and hostile environment sexual harassment, and that the Labour Act will be reviewed to include the definitions of “violence and harassment” and “gender-based violence and harassment” included in the Violence and Harassment Convention, 2019 (No. 190). The Committee also takes note of the indication that the Government, with the technical assistance of the Office, initiated a study on harassment and violence in the world of work to contribute to the formulation of appropriate policies and programmes aimed at preventing and eliminating violence and harassment in the world of work. The Committee requests the Government to provide information on: (i) any legislative amendment in relation with the definition of “sexual harassment” to ensure that it covers all forms of sexual harassment; (ii) the results of the study conducted on harassment and violence in the world of work, and the possible measures adopted in this context to address sexual harassment in employment and occupation.

Sexual orientation. The Committee had previously noted that the 2007 Labour Act (section 5(2)) does not explicitly prohibit discrimination on the ground of sexual orientation, which had been covered under the previous 1992 Labour Act. The Committee takes note of the indication by the Government that the Tripartite Task Force in charge of the review of the Labour Act will take into account the recommendations of the Committee regarding the importance of maintaining at least the same level of legislative protection. The Committee asks the Government to provide information on the results of the review of the Labour Act with regard to the protection against discrimination based on sexual orientation and hopes that sexual orientation will be included in the list of prohibited grounds of discrimination in section 5(2) of the Labour Act.

Articles 1 and 2. Equality of opportunity and treatment of the members of indigenous communities. The Committee had requested the Government to: (1) indicate whether the draft White Paper on the Rights of Indigenous Peoples prepared in 2014 had been adopted and implemented; (2) provide information on the implementation of the National Human Rights Action Plan (NHRAP) 2015–2019 with respect to indigenous peoples; and (3) provide details on any recent study examining the situation of indigenous communities. The Committee takes note of the Government’s indications that the White Paper on the Rights of Indigenous Peoples has been finalized and validated by the Marginalized Community Leaders, other stakeholders and Government Officials in August 2018 and is currently being reviewed by the Government for final legal scrutiny. The Government further informs that the Division of the Marginalized Communities under the Office of the Vice President has adopted a series of measures in relation to access to education and training of marginalized communities in a number of regions, including by supporting the construction of schools, improving access to water, and supporting the agriculture in the communities. In addition, traditional and cultural activities were promoted by and integrated into the activities of the Ministry of Education, Arts and Culture. The Committee welcomes these initiatives as the traditional occupations performed by indigenous communities, such as farming, hunting and handicraft production, among others, are ‘occupations’ within the meaning of the Convention and often biased approaches towards the traditional occupations engaged in by certain ethnic groups, continue to pose serious challenges to the enjoyment of equality of opportunity and treatment in respect of occupation for many persons. The Committee asks the Government to provide information on the practical impact of the measures adopted by the Division of the Marginalized Communities on the employment situation of members of the indigenous communities, including statistical information on the participation of indigenous workers in employment and various occupations, and earning levels, disaggregated by sex and by sector of activity.

General observation of 2018. With regard to the above issues, and in more general terms, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 2. National policy to promote gender equality in employment and occupation. The Committee had requested the Government to provide information on the measures adopted in the context of the National Gender Policy (2010–20) or the affirmative action scheme, to increase girls and women’s access to education and employment, and to address gender stereotypes. The Committee takes note of the Government’s indication that it continues its implementation of the affirmative action scheme that contribute to the elimination of discrimination in the recruitment and promotion of women and of other designated groups such as workers with disabilities and workers belonging to indigenous peoples. The Government indicates that efforts were made to intensify awareness on equal representation at all levels, including with regard to political representation. The Committee notes from the Namibia National Report “Beijing+25” 2014–2019 that, despite achievements in increasing the number of women in politics and decision-making positions, the improvement of enrolment rate for women in tertiary education, the low participation of women in formal economic activities and the limited access of women to productive resources, especially land - as communal land rights owned by women stand at 28 per cent of all communal land rights registered – remain key challenges. The Committee asks the Government to provide information on the measures adopted to: (i) strengthen the implementation of the affirmative action scheme to increase the participation of women in employment at all levels and in all sectors of activity; (ii) improve the access of women to productive resources, in particular land and credit; and (iii) promote girls and women’s access to and maintenance in education and training with a view to promoting their access to a wider range of fields and occupations. The Committee also asks the Government to provide information on the impact of these measures, including statistical data on educational and employment levels over time. , disaggregated by sex.

Enforcement. Ombudsman. The Committee had requested the Government to provide information on: (1) the results of the public hearings on discrimination and other measures implemented by the Ombudsman to address the issue; and (2) any cases of discrimination in employment and occupation dealt with by the competent authorities. The Committee takes note of the Government’s indication that the Labour Commissioner keeps statistics on all labour disputes received and appealed. The Committee asks once again the Government to provide information on any activities undertaken by the Ombudsman’s Office to address specifically discrimination in employment and occupation. Recalling that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, the Committee asks the Government to collect data on the number of cases brought to the attention of the monitoring and enforcement authorities in relation with discrimination in employment and occupation.