Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Equal Remuneration Convention, 1951 (No. 100) - Namibia (Ratification: 2010)

Articles 1 and 2 of the Convention. Assessing and addressing the gender pay gap. The Committee welcomes the Government’s indication, in its report, that it is in the process of ratifying the Workers with Family Responsibilities Convention, 1981 (No. 156). It further notes that, in reply to its previous requests for information on measures to reduce the gender pay gap, the Government indicates that: (1) the Ministry of Gender Equality, Poverty Eradication and Child Welfare conducts awareness campaigns on an on-going basis on the negative impact of discriminatory stereotypes on women’s enjoyment of their rights; and (2) the Employment Equity Commission (EEC) reviews the Affirmative Action Reports sent in by relevant employers to ascertain compliance with the Affirmative Action (Employment) Act 1998 with regard to the preferential appointment of women (and members of other designated groups). The Committee also notes from the concluding observations of the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), the dissemination of a career guidance booklet and engagement with girls to increase their interest in non-traditional fields of study. However, the CEDAW also noted with concern: (1) the persistence of discriminatory gender stereotypes and harmful practices; (2) the high dropout rate among pregnant girls and young mothers and the absence of information on the impact of programmes aimed at encouraging pregnant girls and young mothers to continue their education during and after pregnancy and on the availability of affordable childcare and livelihood support; (3) the underrepresentation of women and girls in non-traditional fields of study and career paths; (4) the lack of hygiene products and sanitary facilities available to girls in school; (5) the disproportionately high number of women who are unemployed; (6) the continued vertical and horizontal segregation in the labour market; and (7) the widening gender pay gap (CEDAW/C/NAM/CO/6, 12 July 2012, paragraphs 25, 37 and 39). In this regard, the Committee notes that, according to the UN-Women brief on the Gender Pay Gap and Labour-Market Inequalities in Namibia published in 2024, the unadjusted (or ‘raw’) gender pay gap in Namibia stands at 18.3 per cent at the monthly level and 13.6 per cent at the hourly level, highlighting differences in working hours (with the adjusted gender pay gap, after accounting for individual and labour-market characteristics, being higher, at 18.9 per cent). In light of the above, the Committee requests the Government, in cooperation with employers’ and workers’ organizations, to strengthen its efforts to reduce the gender pay gap and to continue taking proactive measures in this respect. It requests the Government to provide information on: (i) the measures taken in this regard, such as by promoting women’s access to a wider range of jobs with career prospects and higher pay, and combating stereotypes regarding women’s professional aspirations, preferences and capabilities, their role in the family and the concentration of women in low-paid sectors; (ii) any assessment made of such measures and their effective impact in addressing the gender pay gap and vertical and horizontal occupational segregation; and (iii) the extent, nature and evolution of the gender pay gap.

Article 1(b). Work of equal value. Legislation. The Committee welcomes the Government’s indication, in reply to it previous comment, that it is in the process of amending section 5(1)(g) of the Labour Act to reflect the principle of equal remuneration between women and men for work of equal ”value”. It also notes, however, the Government’s indication that the previously mentioned amendment of the Affirmative Action (Employment) Act 1998 to broaden the mandate of the EEC in order to deal with pay equity related issues is not yet finalized. The Committee recalls, once again, that the concept of “work of equal value” must permit a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompasses work that is of an entirely different nature, which is nevertheless of equal value (General Survey of 2012 on the Fundamental Conventions, paragraph 673). The Committee requests the Government to continue to provide information on: (i) the proposed amendment to section 5(1)(g) of the Labour Act that defines “work of equal value” to ensure that the application of the principle allows for the comparison between jobs that are of entirely different nature, but nevertheless of equal value; and (ii) whether the mandate of Employment Equity Commission has been modified to deal with pay equity and whether it covers the application of the principle of the Convention.

Article 2. Minimum wages. The Committee takes note of the Government’s repeated indication that the method used to establish sectoral minimum wages needs to take into account all relevant matters including: (1) the ability of the employer or category of employer to carry on their businesses on a profitable basis; (2) the cost of living; (3) the minimum subsistence level in any area; (4) the value of any board, lodging or other benefits provided by any employer to any employee; and (5) any other matter determined by the Minister of Labour. The Government adds that: (1) for some sectoral minimum wages, such as in the agricultural, security and construction sectors, they are set through the extension of collective agreements upon applications by the parties to the Minister of Labour, who must ensure that there is no conflict with the Constitution or any law; (2) with the exception of the Domestic Workers Wage Order, no minimum wages were set in other sectors through the wages fixing machinery under section 13 of the Labour Act; (3) the Government’s approach is to set up a National Minimum Wage which will be applicable to all economic sectors; and (4) investigations were carried out in September 2021 and recommendations made by the Wage Commission, which are under consideration by the Minister before adopting a wage order determining the National Minimum Wage. Finally, the Committee takes note of the Government’s request for clarification on specific methods to be used to ensure that skills considered “female” are taken into account and not undervalued when setting sectoral minimum wages. In this regard, the Committee recalls that rates should be fixed based on objective criteria, free from gender bias, to ensure that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. In addition, in defining different occupations and jobs for the purpose of fixing minimum wages, gender-neutral terminology should be used to avoid stereotypes as to whether certain jobs should be carried out by a man or a woman (see the General Survey of 2012, paragraphs 682–685). The Committee requests the Government to indicate if a National Minimum Wage has been set. It also once again requests the Government to provide information on whether the method used to establish sectoral minimum wages, whether by collective agreement or by the Wage Commission, ensures that skills considered “female” (such as manual dexterity, care delivery, service-type occupations) are not undervalued and that, consequently, the work in sectors with a high proportion of women (such as domestic work) is not being undervalued in comparison with sectors in which men are predominantly employed (such as in construction). In this regard, the Committee reminds the Government that it can avail itself of ILO technical assistance.

Article 3. Objective job evaluation. Further to its previous comment, the Committee notes the Government’s indication that, as a result of the objective job evaluation carried out in 2013, there is no gender pay gap in the public sector. With regard to the private sector, the Government indicates that there is no information available on the impact of job evaluations, but that more work needs to be done. Recalling the Government’s previous information that job grading systems are used by many organizations in the private sector to measure jobs according to their content and to establish comparative worth between jobs, the Committee requests the Government to collect information onthe impact of such job evaluation systems on the gender pay gap in the private sector. The Committee also requests the Government to describe in detail the method used to objectively determine the wage categories on the basis of the tasks performed, including the criteria used to that end for both the public and the private sectors.

Monitoring and enforcement. The Committee notes the Government’s indication that: (1) between September 2022 and August 2023, the Commission trained 151 relevant employers across the country on the application of the Affirmative Action (Employment) Act 1998, including the principle of the Convention and the procedures available to seek remedies; and (2) the Labour Commissioner recorded, between 2021 and 2023, four cases related to equal remuneration. One case was settled in favour of the employee while the rest are pending. The Committee requests the Government to continue to provide information on: (i) any activities undertaken to actively promote awareness of the principle of equal remuneration for women and men for work of equal value, in particular the concept of “equal value” and the procedures available to seek remedies, among workers, employers and their respective organizations as well as enforcement authorities; (ii) the impact of such activities, including the number of persons reached; and (iii) the number, nature and outcome of cases of discrimination on equal remuneration, in both the private and public sectors, dealt with by the courts and the State Labour Inspectorate.

Statistics. The Committee notes the Government’s statement that work on collection and analysis of statistical information is the subject of ongoing ILO technical assistance. The Committee asks the Government to provide information on the progress made, with the technical assistance of the ILO, to collect and analyse, on a regular basis, statistical data disaggregated by sex on the labour market participation of women and men and their respective earnings, by sector of economic activity and occupation (including in the public sector) and to provide this data once available.