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

Domestic Workers Convention, 2011 (No. 189) - Namibia (Ratification: 2020)

The Committee welcomes the information provided by the Government in its first and supplemental reports, submitted in 2022 and 2023, respectively. The Committee notes that, less than a year after, on 3 July 2024, the Government requested ILO technical assistance to address the issues raised by the Namibian Domestic and Allied Workers Union (NDAWU) in its observations regarding the implementation of the present Convention. In this context, a tripartite workshop – including with the participation of NDAWU representatives – was held in Windhoek, Namibia, from 9 to 11 September 2024, with technical assistance provided by the ILO. The Committee notes with interest that, during the tripartite workshop, the participants developed a Road map to decent work for domestic workers in Namibia. The Road map, focused on improving effective implementation of the Convention, was endorsed by the tripartite partners in October 2024 and focusses on four areas: (i) complaint mechanisms and labour inspection; (ii) working time arrangements and employment contracts; (iii) remuneration in the domestic work sector; and (iv) registration of domestic workers in the national social security system. The Committee notes in particular the timeline of the Road map (January 2025 to December 2026), its mid-term review (January 2026) and the specific goals and measures agreed, which include, inter alia: (i) launching a national campaign to raise awareness of legislation relevant to the domestic work sector; (ii) developing an operational manual for labour inspection and training of labour inspectors on the law and procedures for carrying out inspections in private households employing domestic workers; (iii) reviewing the model employment contract for the domestic work sector and increasing the number of domestic workers who hold employment contracts; (iv) ensuring implementation of the national minimum wage for domestic workers; and (v) conducting mobile social security registration, especially in rural areas, and other measures with a view to doubling the number of domestic workers registered with the social security system. Lastly, the Committee notes the Government’s indication that it carries out awareness campaigns for domestic employers and workers, including pamphlets, booklets and posters on the Wage Order and the Labour Act of 2007. The written materials are made available in different local languages and distributed through regional labour offices, trade fairs and in rural and remote areas. The Committee welcomes the recent initiative undertaken by the Government in collaboration with the social partners, including with organizations representative of domestic workers, and the Office, and encourages the Government and the social partners to pursue their collaboration to ensure that all domestic workers enjoy, both in law and practice, fair terms of employment and working conditions, as required by the Convention. The Committee requests the Government to provide information on the nature and impact of the measures undertaken in this regard, including the status of those taken pursuant to the Road map to decent work for domestic workers and the results achieved.

The Committee notes the observations of the NDAWU, received on 16 October 2023, as well as the response of the Government thereto, received on 9 August 2024.

Articles 1(a), (c) and 2 of the Convention. Scope of application. Exclusions. In its observations, the NDAWU indicates that the Labour Act of 2007 and the Social Security Act of 1994 are interpreted broadly to include domestic workers, unless otherwise indicated in certain provisions or parts of the Act. The NDAWU adds that while this legal recognition is important, the experience of many domestic workers differs from that of most other workers in the formal sector. The Committee notes that section 1 of the “Regulations relating to domestic workers: the Labour Act, 2007”, published in the Gazette of the Republic of Namibia on 29 September 2017 (No. 6428), under Government Notice No. 257, defines “domestic work” as “work performed in or for a household or households”. That provision further defines “domestic worker” as “any person engaged in domestic work in an employment relationship, including a child-minder, cook, driver, gardener or housekeeper”. The Committee further notes that section 1 of the “Wage Order for Setting Minimum Wage and Supplemental Minimum Conditions of Employment for Domestic Workers: Labour Act, 2007”, published in the Gazette of the Republic of Namibia on 29 September 2017 (No. 6428), under Government Notice No. 258, defines “domestic work” in the same terms as section 1 of the Regulations, whereas section 2 of the Wage Order provides that it applies to all domestic workers, including those placed with households by a private employment agency as contemplated in section 1 of the Employment Services Act, 2011 (Act No. 8 of 2011). This definition is consistent with that provided in paragraph 2 of the Model Employment Contract appended to the Wage Order as DW1. The Committee considers that the definitions of “domestic work” and “domestic worker” set out in the Regulations and the Wage Order are in accordance with those set out in Article 1(a) and (b) of the Convention. The Committee further notes the Government’s indication in its first report that no categories of domestic workers have been excluded from the application of the Convention. The Committee nevertheless notes section 2(b) of the Wage Order, which indicates that it does not apply to domestic workers covered by any collective agreement in the agricultural sector. The Committee requests the Government to indicate whether and how persons who performs domestic work, occasionally or sporadically, are covered under the relevant labour and social security legislation on domestic workers. Itfurther requests the Government to indicate how it is ensured that domestic workers covered by collective agreements in the agricultural sector enjoy protections at least equivalent to those provided under the Convention.

Article 3(2)(a). Freedom of association and effective recognition of the right of collective bargaining. The Government indicates that domestic workers in Namibia are entitled to establish and join organizations of their own choosing, adding that this is evidenced by the formation and registration of NDAWU pursuant to section 57(3)(b) of the Labour Act, 2007, as amended. Section 11(1) and (2) of the Wage Order provides that domestic workers have the right to be members of a trade union and prohibits domestic employers or their representatives from unreasonably denying access to the employer’s premises for trade union-related activities, as contemplated in section 65 of the Labour Act, 2007, as amended. The Government notes that, to date, no employers of domestic workers have exercised their rights under the Labour Act, 2007, as amended, to form or register an organization of their own choosing. In its observations, the NDAWU maintains that only some domestic workers enjoy these rights in practice, pointing out that many domestic employers do not want domestic workers to join a union. Moreover, the individual employment relationships that characterize the domestic work sector make it difficult for domestic workers to exercise their freedom of association and collective bargaining rights in practice. The NDAWU adds that, because of these challenges, the level of unionization in the domestic work sector in Namibia is extremely low, with only 7 per cent of domestic workers being unionized. In its response, the Government indicates that it shares the NDAWU’s concern with the low level of unionization in Namibia and that consultations are underway to develop a strategy to strengthen collective bargaining, together with the social partners. The Committee requests the Government to provide detailed updated information on measures taken or envisaged to ensure the effective exercise by domestic workers of their freedom of association and collective bargaining rights, including information concerning progress made in the development and implementation of a strategy to strengthen collective bargaining in the domestic work sector, as well as information concerning any collective bargaining agreements concluded to protect and strengthen the labour rights of domestic workers. Moreover, noting that the specific nature of domestic work, which is often carried out in private households behind closed doors, may pose obstacles in practice to the exercise of the right to organize and join workers’ organizations and collectively bargain, the Committee requests the Government to provide information concerning measures taken or envisaged to raise awareness of these rights among both domestic workers and their employers.

Article 3(2)(c). Prohibition of child domestic work. The Committee notes the Government’s indication that the minimum age for employment in domestic work is 18 years of age (section 22 of the Regulations, Government Notice No. 257 of 2017). In its observations, the NDAWU indicates that, while it has not directly handled cases of child domestic labour, it is nevertheless aware that credible organizations such as the Labour Resource and Research Institute (LaRRI) have reported cases of child domestic labour in Namibia, particularly in rural areas. The NDAWU also refers to reports that certain families take orphaned relatives into their homes as domestic workers and pay them meagre wages or not at all. The NDAWU suggests that the Government should commission an investigation into the prevalence, characteristics and root causes of child labour in the domestic sector, using the results to inform the development of a strategy to eliminate child domestic labour. In its response, the Government welcomes the NDAWU’s recommendation that an investigation be conducted as part of the compilation of information to develop the National Action Plan on Child Labour. The Committee requests the Government to provide information on the nature and impact of measures taken to eliminate child labour in the domestic sector, including through awareness-raising, strengthening of labour inspection systems to effectively monitor and detect cases of child domestic work, and action to deter incidents of child labour in this sector. Referring to its 2023 comments under the Minimum Age Convention, 1973 (No. 138), the Committee requests the Government to provide information on the current status and impact of the Labour Inspectorate Action Plan (2017-2019), which aimed to improve inspections, particularly with respect to the elimination of child labour, including in the domestic sector. In addition, and recalling its 2023 comments on the application of the Convention on the Elimination of the Worst Forms of Child Labour, 1999 (No. 182), the Committee requests the Government to provide information concerning the conduct of the investigation on child labour referenced in the Government’s response, as well as detailed information, including statistical data, on the impact of the Action Plan to Eliminate Child Labour in Domestic Work, as well as to provide information on the number of inspections on child domestic work carried out, as well as on the number and nature of violations detected and the redress granted to the victims identified.

Article 5. Abuse, harassment and violence. The Government reports that section 5(8) of the Labour Act, 2007, provides protection against harassment, providing that “a person must not, in any employment decision of in the course of an employee’s employment, directly or indirectly sexually harass an employee”. It adds that this provision applies to all employees in the world of work, including to domestic workers. Moreover, sections 9 and 10 of the Labour Act, 2007, prohibit sexual harassment and protect workers who resign due to harassment by treating the matter as a constructive dismissal, which may constitute unfair dismissal and therefore enable the worker to receive redress. The Committee nevertheless notes that these provisions do not appear to cover other forms of harassment, such as moral harassment or bullying, nor do they address abuse and violence in the workplace. In its observations, the NDAWU points out that domestic workers are subjected to sexual, emotional and physical abuse, as well as harassment, expressing its view that the provisions on harassment contained in the Labour Act of 2007 fall short of the broader requirements of Article 5 of the Convention. The NDAWU refers to some cases of extremely violent abuse. It also maintains that sexual harassment and abuse are not unusual, with some domestic workers being raped and becoming pregnant by their employers. However, given the sensitive nature of these incidents, domestic workers are reluctant to talk about, let alone report abuse, violence and harassment for fear of losing their jobs. The NDAWU considers that this situation is worsened by the absence of clear mechanisms for complaints and redress for sexual harassment. In addition, it is difficult for labour inspectors and trade unionists to access private households to investigate allegations of sexual harassment in the domestic work sector. The Committee recalls its 2023 direct request on the application of the Violence and Harassment Convention, 2019 (No. 190), in which it noted that the Labour Act of 2007, does not contain specific provisions to prevent, address and eliminate harassment, with the exception of sexual harassment (section 5). The Committee further noted that, pursuant to a Rapid Assessment carried out in 2019, incidents of violence and harassment remain largely unreported, unresolved and unpunished, in part due to victims’ fear of losing their employment or other negative consequences. It noted the conclusions of the Rapid Assessment that the Labour Act is not explicit or comprehensive in addressing violence and harassment in the world of work, that reporting structures, including preventive mechanisms, and procedures are unclear and inefficient. In this respect, the Committee noted that the Government was in the process of developing, in consultation with the tripartite partners, a new section to be included in the Labour Act, 2007, on prohibition of harassment, as well as the proposed insertion of a separate definition of bullying in the workplace. The Committee notes the Government’s indication that, in consultation with the social partners, amendments to the Labour Act, 2007 have been proposed to strengthen and expand the scope of protection against violence and harassment to all employees, including domestic workers. The Government adds that complaints mechanisms exist, in that disputes may be lodged with the Office of the Labour Commissioner, while complaints can be referred to labour inspectors at any labour office nationwide. The Committee requests the Government to provide detailed updated information on progress made on the development and adoption of the new section to be included in the Labour Act of 2008, to ensure that domestic workers enjoy effective protection in practice against all forms of physical, emotional and psychological abuse, harassment and violence, including moral and sexual harassment and bullying, in order to fully implement Article 5 of the Convention in both law and practice. Additionally, the Government is requested to supply information, including statistical data, on the number, type and outcome of complaints brought for abuse, harassment and violence in the domestic work sector, and the redress granted to victims.

Article 6. Fair terms of employment and decent working conditions. The Committee notes the information provided by the Government on measures taken to ensure that the terms and conditions for domestic workers are not less favourable than those of other workers. The Government reports that, to ensure fair terms and conditions of employment for domestic workers, the Wage Order supplements the Basic Conditions of Employment and Health, Safety and Welfare of Employees set out in sections 3 and 4 of the Labour Act, 2007, as amended. Section 3(2) of the Wage Order stipulates that the terms and conditions of employment of domestic workers may not be less favourable than those set out in the Wage Order and the Labour Act, 2007 for workers more generally. Moreover, section 3(3) of the Wage Order establishes that its provisions constitute part of the employment contract for domestic workers, except to the extent that the parties agree on more favourable terms and conditions of employment. The Committee also notes provisions that provide additional benefits to domestic workers, such as the transportation allowance, a 36-hour weekly rest period and a 40-hour work week. The Committee notes section 9 of the Wage Order, which expressly provides that, when a domestic worker is required to live at the place of employment, the employer must provide accommodation that meets specified minimum conditions, including: a lockable room with a room key; good ventilation; electricity and heating (if available in the household); a bed and mattress; and access to clean drinking water, toilet and bathing facilities. In addition, live-in domestic workers are entitled to receive visitors upon reasonable notice and at reasonable intervals or hours, provided that arrangements for receiving visitors are made in consultation with the employer. This provision is compatible with Paragraph 17 of the Domestic Workers Recommendation, 2011 (No. 201). However, in its observations, the NDAWU points out that the provision of a lockable room does not necessarily ensure the worker’s privacy, as it does not prevent employers who have a spare key from entering the worker’s room and searching through their belongings without their knowledge or consent, a practice that NDAWU members have reported occurs frequently. The NDAWU adds that its members have reported that in practice many live-in domestic workers are required to stay in the same room with the employer’s children and do not have their own room, or if they are provided with a room, do not have a key to lock it. In addition, the NDAWU observes that the Wage Order does not address situations where a live-in domestic worker could live with their spouse and children. The Committee notes the Government’s response, indicating that the regulations require employers of live-in domestic workers to provide a lockable room. The Government expresses its view that awareness-raising is required, rather than modification of the existing regulations, to ensure that the privacy of these workers is not violated. The Government adds that no amendments to the Regulations to permit live-in domestic workers to reside with their spouses and children are envisaged, noting that the Regulations currently in force take into account the importance of family rights, providing for the right of the domestic worker to receive visitors on reasonable notice and at reasonable hours. The Committee requests the Government to indicate the manner in which the provisions contained in the Wage Order concerning the type and quality of food and accommodation provided to live-in domestic workers are effectively implemented and enforced. In addition, the Committee requests the Government to provide information on the awareness-raising activities and other measures envisaged to protect the privacy of live-in domestic workers.

Articles 8 and 15. Migrant domestic workers. Private employment agencies. The Government indicates that Wage Order No. 639 of 2018 requires employers to provide domestic workers with both a contract of employment and a job description, regardless of whether they are Namibian or foreign nationals. The Government adds that, if the work is to be carried out in Namibia, regardless of where the employment offer was made or the contract entered into, the provisions of the contract will be enforceable in Namibia, and the minimum conditions set out in Article 7 of the Convention will apply. The Government does not, however, provide information on the manner in which Article 8(1) of the Convention is given effect to ensure that Namibian domestic migrant workers accepting employment abroad will receive a written offer or contract of employment that is enforceable in the country of destination before the worker’s departure to take up the employment. The Government indicates that it does not have any measures in place in cooperation with other ILO Member States to ensure the application of the Convention to migrant workers. With respect to repatriation, section 36 of the Labour Act, 2007, provides for a worker dismissed during the first 12 months of the employment to be transported to the place where the worker was recruited, or for the worker to be given an amount of money equal to the cost of transport. It indicates that this provision applies to all workers, including migrant domestic workers. The Committee notes that the Government does not provide information with respect to repatriation entitlements in the event that the expiration or termination of the domestic worker’s employment contract occurs more than 12 months after the start of the employment relationship. The Committee encourages the Government to consider taking measures in cooperation with other ILO Member States to ensure the effective application of the provisions of the Convention to all domestic workers, including migrant domestic workers. It further requests the Government to provide information with respect to measures taken or envisaged to specify the conditions under which a domestic worker would be entitled to repatriation upon the expiration or termination of the employment contract where this occurs more than 12 months following the commencement of the employment relationship.

Article 9(a) and (c). Right of the domestic worker to retain travel and identity documents. The Committee notes that the NDAWU submits that there does not appear to be a specific legal provision entitling the domestic worker to keep travel and identity documents in their possession. In its response, the Government indicates that the prohibition against confiscating workers’ identity or traveling documents is set out in section 6(1) of the Combating of Trafficking in Persons Act No. 1 of 2018. The Committee nevertheless notes that this provision applies only in the context of facilitating or promoting an offence of trafficking in persons. The Committee recalls that the Convention requires taking measures to ensure that domestic workers are entitled to keep in their possession their travel and identity documents. The Committee therefore asks the Government to provide information on how this provision of the Convention is applied outside of cases of trafficking in persons.

Article 10. Equal treatment between domestic workers and other workers in relation to working time. Overtime, daily and weekly rest periods. Standby hours. In its observations, the NDAWU indicates that there is no legal requirement for domestic workers to be remunerated for standby hours, considering that this falls short of compliance with Article 10(3) of the Convention. It maintains that in practice, employers do not compensate their domestic workers for the hours when they are required to remain in the house because the employers are out at night or when they remain because the employers are late in returning from work. In its response, the Government indicates that the terminology of standby hours as defined in the Convention is not used in either the Labour Act, 2007 or the Wage Order. It indicates that section 3(1) of the Wage Order sets maximum ordinary working hours at 40 hours per week and no more than 8 hours per day. It adds that that all hours in excess of ordinary working hours, including standby working hours, are to be compensated as overtime. Moreover, the Committee notes that, in its observations, the NDAWU indicates that the Domestic Work Regulation does not expressly provide that domestic workers are entitled to leave the household during their periods of rest or leave.

In this context, the Committee wishes to emphasize that “due to the nature of their work, domestic workers, and particularly live-in domestic workers, are likely to be asked to remain on standby outside their normal working hours, whether occasionally or regularly. During these periods, domestic workers are required to be available, if needed. Legislative provisions on standby periods for domestic workers protect them from abuse of this flexibility, which could result in ‘never-ending’ hours of work, while acknowledging the need for the flexibility that is often a characteristic of domestic work.” The Committee therefore considers that “… it is crucial to establish limits in national legislation on standby hours and provide for compensation where appropriate in order to ensure that domestic workers enjoy working time protections comparable to those of other workers” (General Survey of 2022, securing decent work for nursing personnel and domestic workers, key actors in the care economy, paragraph 769). In light of the above, the Committee requests the Government to take measures to establish limits in national legislation on standby hours and provide for compensation where appropriate in order to ensure that domestic workers enjoy working time protections comparable to those of other workers.It also requests the Government to provide information on the nature and impact of measures taken, including awareness raising and enforcement measures, to ensure that domestic employers respect the maximum working hours established for domestic workers, as well as their right to leave the household during their periods of rest and leave.

Article 11. Minimum wage. Remuneration established without discrimination based on sex. The Committee notes with interest that the Ministry of Labour, Industrial Relations and Employment Creation has recently established a new National Minimum Wage. “Wage Order No. 218 for Setting the National Minimum Wage for Employees: Labour Act, 2007”, was published in Government Gazette No. 8409 on 7 August 2024, and supersedes the Wage Order for Domestic Workers published under Government Notice No. 258 of 29 September 2017. Wage Order No. 218 sets the national minimum wage for employees at 18 Nambian dollars per hour. The decision to establish a national minimum wage follows the appointment of a Wages Commission in Namibia in February 2021, which was tasked with investigating different industries nationwide and recommending a minimum wage applicable to all employees with certain categories exempted by the Minister in a Wage Order. The minimum wage for domestic workers, which is currently 9.03 Nambian dollars per hour, will be phased in over a three-year period, starting at 12 Nambian dollars per hour from 1 January 2025, increasing to 15 Nambian dollars from 1 January 2026 and reaching 18 Nambian dollars per hour as of 1 January 2027. The Committee requests the Government to continue to provide information on the application of this Article of the Convention, particularly updated information on the impact of Wage Order No. 218 on domestic workers and the manner in which it is ensured that domestic employers adhere to the national minimum wage set by the Government in all regions of the country, including in rural and remote areas.

Article 12(2). Payments in kind. The Government reports that section 3 of the “Regulations relating to Domestic Workers: Labour Act, 2007”, prohibits employers from deducting the value of in-kind payments or contributions, such as food, clothing or housing from the domestic worker’s basic minimum wages. The Committee notes that section 8(2) and (3) of the Labour Act, 2007 require that in-kind payments must be made by agreement between the parties and that the monetary value accorded to the goods must be fair and reasonable. In its observations, the NDAWU points out that the Ministry of Labour has not exercised its mandate to issue regulations establishing the method of calculating the value of an in-kind payment, nor does the Labour Act stipulate that the in-kind payment must be for the personal use of and of benefit to the worker, as required by Article 12(2) of the Convention. It adds that the practice of paying domestic workers part of their wages in-kind is fairly common in Namibia. The NDAWU maintains that a high proportion of wages may be paid in-kind, and that often the in-kind benefits, which may take the form of goods that are of poor quality or in poor condition, such as old clothes or other items for the domestic worker to sell, are not of benefit to the worker. In its response, the Government indicates that the concerns expressed by the NDAWU will be addressed through the implementation of the National Minimum Wage, noting that the deduction of in-kind payments or contributions is prohibited in this context. Taking into account the concerns raised by the NDAWU regarding the fact that in practice a high proportion of wages may be paid in-kind, the Committee requests the Government to provide information on the nature and the impact of the measures taken or envisaged to give effect to this Article of the Convention.

Article 13.Occupational safety and health. In its observations, the NDAWU indicates that the Regulation Regulating the Health and Safety of Employees at Work, 1997, and the Domestic Workers’ Regulation fulfil the occupational safety and health requirements of Article 13 of the Convention. The NDAWU nevertheless notes that there is widespread non-compliance in practice with these provisions, with employers failing to train domestic workers on how to safely use potentially harmful substances and equipment. The NDAWU suggests that the Government take steps to raise the awareness of domestic employers and workers of their rights and obligations in relation to occupational health and safety, as well as to increase the capacity of the labour inspectorate to carry out inspections, both proactive and reactive. In its response, the Government indicates that these suggestions are being taken into account. The Committee requests the Government to provide information on progress made in this respect.

Article 14. Social protection. The Government reports that the provisions of the Social Security Act, 1994, apply to all workers, including domestic workers. The Government also refers to section 25 of the Labour Act of 2007, which provides for maternity leave, and to the Employee Compensation Act of 1941. Domestic employers are required to register the domestic worker with the Social Security Commission (SSC) upon hiring the worker, so that the worker may be eligible for benefits under the Social Security Act and the Employee Compensation Fund. Both the domestic worker and the employer are required to contribute to the Social Security Fund, whereas the contribution to the Employee Compensation Fund is made solely by the employer. The Government adds that the board of the SSC is tripartite and any decisions regarding the social protection of workers is made through tripartite consultation. In its observations, the NDAWU indicates that the definition of an employee in the Social Security Act is restricted to persons who work for the same employer at least two days per week. This definition appears to exclude domestic workers who work for multiple employers, who may work one day per week for each different employer. The NDAWU further notes that only some 20 per cent of domestic workers in Namibia are registered with the Social Security Fund, citing a 2022 ILO report. In its response, the Government indicates that section 20 of the Social Security Act of 1994, read together with Regulation 2 of the Act, requires every employer to register as an employer and to register every employee. It adds that the Act and Regulations do not prevent employees who work for the same employer for at least two days per week and work for other employers for the rest of the week from being registered, provided that they work for such employers on a continuous basis. The Committee notes, however, that the provisions in question require an employee to work for the same employer for at least two days per week in order to be registered. The Committee requests the Government to provide information on measures taken or envisaged to ensure that domestic workers who work for the same employer less than two days per week areregistered as employees and eligible for coverage under the Social Security Act of 1994. In addition, noting the low numbers of domestic workers registered with the Social Security Commission by their employers, the Committee requests the Government to provide updated information on the nature and the impact of the measures taken or envisaged to ensure that domestic workers are registered in accordance with the applicable legislation and enjoy conditions that are not less favourable than those applied to workers generally in terms of social security protections.

Article 15. Private employment agencies. The Government refers to the Employment Services Act, 2011 (Act No. 8 of 2011), which regulates private employment agencies (PEAs) operating in the country, particularly with respect to licensing (sections 19 to 21), cancellation of the license to operate (section 22) and section 26 on the obligations placed on PEAs when referring prospective employees, which prohibit PEAs from discriminating in placement or recruitment on specified grounds: race, colour, ethnic origin, sex, marital status, religion, creed, political opinion, social or economic status, physical or mental disability, HIV or AIDS status or previous, current or future pregnancy. The Committee further notes that both the Employment Services Act, 2011 and Wage Order No. 258 prohibit PEAs, employers and user enterprises from charging fees to domestic workers (Article 15(e) of the Convention). The Committee notes the absence of provisions in the Act or its implementing regulations of 2013 which establish machinery and procedures for the investigation of complaints, alleged abuses and fraudulent practices of PEAs concerning domestic workers, as required under Article 15(b) of the Convention. The Committee therefore requests the Government to indicate the manner in which effect is given to Article 15(b) of the Convention, as well as to provide updated information on measures taken to prevent as well as address abuses and fraudulent practices in recruitment, placement and employment by private employment agencies of domestic workers working in the country or placed in employment abroad.

Article 16. Access to justice. The Committee requests the Government to provide information on any judicial decisions issued relevant to the application of the provisions of the Convention during the reporting period.

Article 17(2) and (3). Labour inspection.Access to household premises. The Committee notes that the Government indicates that inspectors carry identification cards and an appointment letter to access the domestic employer’s household. The Committee notes that Article 15 of the Namibian Constitution and section 125 of the Labour Act of 2007 authorize labour inspectors to enter households where domestic workers are employed, provided that they do so at a reasonable time. The Committee further notes that Chapter II of the Criminal Procedure Act envisages the inspection of in private households under certain circumstances. In its observations, the NDAWU indicates that in practice, labour inspections are rarely carried out in private households, noting that the Ministry of Labour has informed the NDAWU that the capacity of the labour inspectorate to carry out inspections is limited, as it is under-resourced. The Government reports that, in 2021 and 2022, labour inspectors received several complaints from domestic workers. Upon carrying out inspections, the types of violations detected included non-payment of overtime, extended working hours and non-adherence to the minimum wage. It indicates that compliance orders were issued where violations were found. In its supplemental report, the Government indicates that during the second quarter of 2023 (1 April to 30 June), a total of 82 complaints were received involving domestic workers employed by private households. Of these complaints, 49 concerned allegations of violations of the Wage Order. Out of the 82 complaints, 70 were resolved, eight were referred to the Labour Commissioner for adjudication and four remained pending. The Government does not indicate the type of violation alleged, nor does it provide information concerning the outcome (whether the complaint was upheld, the relief granted, or other relevant information). The Committee notes that the statistical report on complaints for this period, referenced by the Government, is not provided. In light of the above, the Committee requests the Government to provide information on the nature and the impact of the measures taken – including those undertaken in the framework of the Road map to decent work for domestic workers in Namibia – to build the capacity of labour inspectors to carry out inspections in the domestic work sector, such as the provision of trainings and adequate resources. It further requests the Government to provide updated information on the number of inspections carried out during the reporting period in the domestic sector, the number and type of violations found, and the outcome of the inspections.

[The Government is asked to reply in full to the present comments in 2026.]