Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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 comment, the Committee had requested detailed information on complaints against acts of anti-union discrimination and interference brought to courts or to arbitration and the way they were being handled by the competent bodies. The Committee notes the Government’s indication that, in practice, there were no complaints on alleged anti-union discrimination referred to either forum. Highlighting thatthe absence of anti-union discrimination complaints may be due to reasons other than an absence of anti-union discrimination acts, the Committee requests the Government to take the necessary measures to ensure that, on the one hand, the competent authorities take fully into account in their control and prevention activities the issue of anti-union discrimination, and that on the other hand, the workers in the country are fully informed of their rights regarding this issue. The Committee requests the Government to provide information on measures taken in this regard, as well as any statistics concerning the anti-union discrimination acts reported to the authorities and the decisions taken in this respect.

Article 4. Recognition for the purposes of collective bargaining.In its previous comment, the Committee requested the Government to provide exhaustive information on the possibility for minority unions in the bargaining unit to enjoy collective bargaining rights when there is no union representing 50 percent of the workers concerned, and to provide concrete examples of such collective agreements concluded. The Committee notes that while it does not refer to specific collective agreements, the Government indicates that the Tripartite Task Force that examined the revision of the Labour Act in 2021 agreed to amend the Labour Act to allow for a group of trade unions to be recognized as exclusive bargaining agent. While taking due note of the work of the tripartite task force and noting that the Government does not refer to a possible change in the representativeness threshold required for bargaining collectively, the Committee requests the Government to ensure that the reform of the legislation envisages solutions allowing for the exercise of the right to collective bargaining where no union or group of unions would represent, either separately or jointly 50 per cent of the workers concerned. The Committee requests the Government to provide information on the progresses made in this regard.

Collective bargaining of trade union federations and confederations.In its previous comment, the Committee requested the Government to provide information on the measures taken to ensure that trade union federations and confederations can exercise the right to bargain collectively. The Committee notes the Government’s indication that, once the review of the Labour Act initiated by the Tripartite Task Force is completed, collective agreements may be signed by federations. Welcoming this indication, the Committee therefore expects that the final amendments to the Labour Act will explicitly provide for the capacity of federations and confederations to negotiate and sign collective agreements. The Committee requests the Government to provide information on the progresses made in this regard.