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

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. The Committee requested the Government to take the necessary measures to ensure that the competent authorities take fully into account in their activities the issue of anti-union discrimination and that workers are fully informed of their rights regarding this issue. The Committee notes the Government’s indications that it has implemented a range of initiatives to raise workers’ awareness of their rights. The Committee refers to the written information provided by the Government on 24 May 2023 to the Committee on the Application of Standards of the International Labour Conference (Conference Committee) in the context of the preliminary list of individual cases which concerns: (i) an awareness campaign called #KnowYouLabourLaws, to educate the public on labour and employment laws (including the protection against acts of anti-union discrimination and interference); and (ii) a training session for arbitrators organized in collaboration with the ILO on how to handle, among other things, disputes relating to anti-union discrimination.

The Committee also requested the Government to provide any statistics concerning the anti-union discrimination acts reported to the authorities and the decisions taken thereon. The Government indicates that no cases alleging anti-union discrimination were brought to courts or to arbitration. The Committee recalls the importance of receiving information on administrative and judicial practice in order to assess the effective application of the Convention and reiterates that the absence of complaints may be due to reasons other than the absence of acts of anti-union discrimination such as, inter alia, the lack of awareness of workers concerning their trade union rights. While taking due note of the actions reported, the Committee requests the Government to intensify its efforts 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 detailed information on measures taken in this regard, as well as to keep providing information on any statistics concerning anti-union discrimination acts reported to the authorities and the decisions taken in this respect.

Articles 1 and 4. Adequate protection against anti-union discrimination and promotion of collective bargaining in export processing zones (EPZs). The Committee notes the Government’s indication that EPZ regimes no longer exist in the country. The Committee notes in this regard the adoption of a Special Economic Zone (SEZ) Policy, aimed to ensure a seamless transition from the prior EPZs to a new SEZ regime, and a bill called “Sustainable Special Economic Zones Act” which, when enacted, will repeal the Export Processing Zones Act, 1995. The Committee requests the Government to provide clarifications on the date of abrogation of the EPZ regime, as well as on the applicability of the rights enshrined in the Convention in SEZs.

Article 4. Recognition for the purposes of collective bargaining. The Committee previously requested the Government to ensure that the reform of the legislation by the Tripartite Task Force envisages solutions allowing for the exercise of the right to collective bargaining where no union or group of unions would represent 50 per cent of the workers within the bargaining unit. The Committee regrets that the Government has not reported any progress in this respect and only indicated, in the aforementioned written information provided to the Conference Committee in 2023, that the amendment of the Labour Act will allow a group of trade unions to be recognized as the exclusive bargaining agent provided that they represent at least 50 per cent of workers in a given bargaining unit. Noting that the Government does not refer to a possible change of the representativeness threshold, the Committee recalls that if no union or group of unions represent the required percentage of workers to be declared the exclusive bargaining agent, collective bargaining rights should be granted to the existing unions, jointly or separately, at least on behalf of their own members. In view of the above, the Committee once again requests the Government to ensure that the reform of the Labour Act will grant minority trade unions the right to bargain collectively, at least on behalf of their own members, in cases where no union or group of unions meet the conditions to be considered as representative. The Committee requests the Government to provide information on all progress made in this respect.

Article 6. Rights of prison staff. The Committee recalls that a Tripartite Task Force was established to review the Labour Act and intended to delete section 2(d) to ensure the right of prison service staff to enjoy the guarantees under the Convention. The Committee notes that the Government limits itself to indicating that a copy of the new Labour Act will be submitted to the ILO once the amendments are signed into law. Noting that the work of the Task Force has not yet yielded tangible results, the Committee firmly hopes that said amendments will be adopted in the near future and requests the Government to provide information in this respect.

Collective bargaining of trade union federations and confederations. In its previous comment, the Committee expressed its expectation that the revision of the Labour Act would explicitly provide the right of federations and confederations to bargain collectively. The Committee notes the Government’s only indication that the amendments on this issue are not finalized yet. The Committee is therefore bound to repeat its previous request and firmly hopes that said amendments will be adopted in the near future.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements concluded and in force in the country, the sectors concerned and the number of workers covered by these agreements.