Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Forced Labour Convention, 1930 (No. 29) - Namibia (Ratification: 2000)
Protocol of 2014 to the Forced Labour Convention, 1930 - Namibia (Ratification: 2017)

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The Committee welcomes the ratification by Namibia of the Protocol of 2014 to the Forced Labour Convention, 1930. Noting that the first report of the Government has not been received, the Committee requests the Government to provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Institutional framework. The Committee notes the Government’s indication, in its report, that the National Human Rights Action Plan 2015–19, which included specific measures regarding trafficking in persons, was not formally reviewed nor renewed at the end of its operating timeframe. The Committee notes that a National Labour Migration Policy, elaborated in collaboration with the ILO and the International Organization for Migration (IOM), was launched in June 2020 with the objective to ensure the development and implementation of a sound labour migration system while addressing irregular migration and trafficking in persons. To that end, the Labour Migration Policy Implementation Plan 2020–21/2024–25 provides for the improvement of the cross-border migration management system and the extension of a rights-based protection to victims of trafficking in persons. The Committee notes that a draft national plan of action on trafficking in persons for 2022–26 was elaborated, in collaboration with the United Nations Office on Drugs and Crime (UNDOC) and the IOM, and validated in November 2021, but has not been formally approved yet. It further notes that, in its 2019 report under the national-level review of implementation of the Beijing Declaration and Platform for Action, 1995 (Beijing +25 national report), the Government indicates that a High–Level Inter-Ministerial Committee, chaired by the Deputy Prime Minister and Minister of International Relations and Cooperation, has been established to coordinate issues related to trafficking in persons in the country. Recalling the importance of adopting a coordinated and systematic approach to combat trafficking, the Committee requests the Government to provide information on the progress made in the adoption of a national plan of action on trafficking in persons as well as on the activities carried out by the Inter-Ministerial Committee on trafficking in persons. It further requests the Government to provide information on the results achieved in addressing trafficking in persons through the measures taken under the National Labour Migration Policy and its implementation plan.

2. Identification and protection of victims. The Committee welcomes the adoption of the National Referral Mechanism (NRM) and Standards Operating Procedures (SOPs) for the identification, protection, referral and safe return of victims of trafficking in persons that were launched in March 2019. It notes that the NRM and SOPs are coordinated and implemented by a National Coordinator, namely the Ministry of Gender Equality, Poverty Eradication and Child Welfare (MGEPECW), through the Inter-Ministerial Committee and the National Coordinating Body (consisting of Government and non-governmental actors). The NRM and SOPs provide for their regular assessments with proposals for concrete recommendations that should be implemented to improve their performance. The Committee further notes that a pocket manual on trafficking in persons for police and immigration officers was developed, with the support of IOM and UNICEF, in order to enhance the identification and protection of victims of trafficking. The Government adds that overall protection efforts were maintained for victims of trafficking and shelter, psychosocial services, medical care and other basic needs were provided, in collaboration with NGOs. The Committee requests the Government to provide information on the number of victims of trafficking, for both labour and sexual exploitation, identified, indicating how many of them have benefited from the protection and assistance measuresprovided for underthe National Referral Mechanism and Standards Operating Procedures for the identification, protection, referral and safe return of victims of trafficking in persons, as well as Chapter 3 of the Combating of Trafficking in Persons Act No. 1 of 2018. Please also indicate any difficulties identified, and the recommendations implemented as a follow-up.

3. Prosecution and application of sanctions. The Committee notes the Government’s indication that, from April 2021 to March 2022, 18 cases of trafficking were investigated involving 25 victims. It also indicates that, in recent years, 4 individuals were prosecuted for trafficking in persons and 32 individuals are currently being prosecuted for trafficking in persons (22 for labour exploitation and 10 for sexual exploitation). The Committee however observes that, no information is provided on the number of convictions handed down or on the specific penalties applied to perpetrators. In that regard, it recalls that when the sanction for trafficking in persons can consist only of a fine, as provided for under section 3 of the Combating of Trafficking in Persons Act No. 1 of 2018 which establishes sanctions of imprisonment or a fine, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Discrimination against Women expressed specific concern about underreporting and low prosecution rates in cases of trafficking in persons (CEDAW/C/NAM/CO/6, 12 July 2022). The Committee requests the Government to provide information on the measures taken to strengthen the capacity of law enforcement officers and prosecutors to address trafficking in persons cases, conduct effective investigations and prosecute perpetrators. Recalling the seriousness of the offence of trafficking in persons and the importance of sufficiently dissuasive penalties, the Committee further requests the Government to provide information on the number of investigations, prosecutions and convictions related to trafficking in persons handed down, while indicating the specific penalties applied to perpetrators.

Article 2(2)(c). Work imposed as a consequence of a conviction in a court of law. Sentences of community work. The Committee notes the Government’s indication that the Namibia Correctional Service (NCS) is responsible for supervising and ensuring that offenders sentenced by court with Community Service Orders (CSO), as envisaged in section 297(1)(a) of the Criminal Procedure Act No. 51 of 1977, comply with the conditions. The Government indicates that institutions authorized to take offenders under CSO are government offices, police stations, various courts, primary and secondary schools, hospitals, churches and old age homes. The types of work performed in that context include cleaning and maintenance work in public buildings; special services for old age homes, orphanages and hospitals; and rendering professional services to the community such as teachers, doctors, social workers and psychologists. The Committee observes, from the NCS brochure on CSOs forwarded by the Government, that: (1) an offender sentenced with CSO has an obligation to perform a number of hours of unpaid work for the benefit of the community; and (2) community service can also be performed at non-profitable parastatals, non-governmental organizations, agencies and entities on the condition that the offender performs unpaid public work to the benefit of the public at such organization or agency and the nature of work is determined by the Court. It further notes that, in February 2022, the NCS indicated that CSO are rolled out in 34 out of the 43 courts, representing a 79 per cent progress in accordance with the NCS strategic plan, and will be implemented in new districts. The Committee requests the Government to continue to provide information on the number of persons convicted to sentences of community work, the types of work imposed on such persons and the list of entities authorized to benefit from community work. Please also indicate the measures taken to continue to ensure that such entities are non-profit making and the work undertaken is genuinely in the general interest.