Demande directe (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Namibie (Ratification: 2001)

Article 1(1) of the Convention. Sexual orientation. The Committee notes with regret the Government’s indication, in its report, that the amendment of section 5(2) of the Labour Act, to insert “or any other arbitrary (ground)” to the prohibition against discrimination, is still in progress. The Government adds that no case of discrimination based on sexual orientation was dealt with by the labour inspectorate or the labour courts at the time of reporting. Regarding the absence of cases or complaints being lodged, the Committee refers to paragraph 870 of its General Survey of 2012 on fundamental Conventions, and to the comments on enforcement in the observation it addresses to the Government regarding the application of the Convention. The Committee once again asks the Government to provide information on: (i) the state of progress regarding the amendment to section 5(2) of the Labour Act; and (ii) the number and nature of any complaints or cases of discrimination based on sexual orientation dealt with by the labour inspectorate or the courts, as well as the sanctions imposed and remedies granted.

Discrimination based on race, colour and national extraction. With regard to its previous comment, the Committee notes that, in its concluding observations, the United Nations (UN) Committee on the Elimination of Racial Discrimination (CERD) expressed concerns: (1) that the Government has not taken measures to address the root causes of the disparate levels of access to quality education, including discrimination on the basis of race, colour, ethnicity or language; and (2) about the low number of cases and complaints concerning racial discrimination that have been filed in the national courts (CERD/C/NAM/CO/16-18, 4 October 2023, paragraphs 24 and 28). Noting the absence of information provided on this point, the Committee asks the Government, once again, to provide information on the measures adopted or envisaged to: (i) assess the situation in employment and occupation of all ethnic groups and the discrimination faced by them; (ii) prevent and address discrimination based on race, colour and national extraction; (iii) undertake awareness-raising and educational programmes to combat prejudice and stereotypes based on race, colour and national extraction; and (iv) monitor and assess the results achieved.

Articles 1 and 2. Equality of opportunity and treatment of members of indigenous communities. In reply to its previous comment, the Committee notes the Government’s reiterated information that: (1) the White Paper on Indigenous Peoples (originally prepared in 2014) will be forwarded to the ILO once finalized; and (2) statistical information requested by the Committee on the employment situation of members of the indigenous communities is not available as the data collected is based on occupations and industry of all those that are employed. In this regard, the Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see the General Survey of 2012, paragraph 891). The Committee further notes that, in its concluding observations, the UN Human Rights Committee on the International Covenant on Civil and Political Rights (ICCPR) expressed concerns about: (1) the continued prevalence of discrimination, marginalization and violence perpetrated against Indigenous Peoples such as the San, including with regard to access to health care, education and employment; (2) the very low level of participation by Indigenous Peoples in political life and public administration, noting the near absence of members of these communities in governance structures at the national and local levels, including Parliament and regional councils; (3) the fact that the Division of Disability Affairs and Marginalized Communities encourages self-representation at different levels but does not focus on representation in governance structures, and only targets certain Indigenous Peoples, namely the San, Ovatue and Ovatjimba; (4) the lack of recognition of the traditional chiefs of some Indigenous Peoples under the Traditional Authorities Act (Act No. 25 of 2000) even though they are recognized by their own people, which prevents them from autonomously managing the communal land allocated to them; (5) the lack of recognition, by the Government, of communities such as the San, Himba, Ovatue, Ovatjimba, and Ovazemba as Indigenous Peoples, referring to them as marginalized communities; and (6) the fact that Indigenous Peoples are insufficiently consulted regarding the extraction of natural resources on their lands, with a view to obtaining their free, prior and informed consent (CCPR/C/NAM/CO/3, 3 May 2024, paragraphs 8, 38 and 40). In light of the above, the Committee once again asks the Government to: (i) provide information on the concrete measures adopted, and their impact, to support the employment situation of members of indigenous communities; (ii) put in place measures to collect and analyse statistical data on the participation of indigenous workers in employment and various occupations, disaggregated by sex and by sector of activity, and to provide the information collected; and (iii) indicate the status of progress of the long overdue White Paper on Indigenous Peoples and submit a copy once finalized.

Article 2. National policy to promote gender equality in employment and occupation. The Committee notes with regret that: (1) the revised National Gender Policy 2021–2031 has not been adopted although the Government had indicated in its previous report that it would be finalized in 2021; and (2) the Policy on Land Resettlement 2018–2027, developed to address unequal land distribution and designed to benefit those landless Namibians who were previously disadvantaged (minority/marginalized groups, disadvantaged/destitute groups and women), is not yet in force. The Committee further notes, from the concluding observations of the UN Committee on the Elimination of Discrimination against Women (CEDAW), the concerns about: (1) the continued underrepresentation of women in some areas of political and public life, particularly in the National Council, as well as in senior government positions, the foreign service, the public administration, the judiciary and in the Namibian Sports Commission; (2) the limited access for women, in particular rural women, to bank loans and financial credit; (3) the lack of entrepreneurship grants and training for women; and (4) the lack of disaggregated statistical data on land ownership, including land ownership by women (CEDAW/C/NAM/CO/6, 12 July 2022, paragraphs 31(a), 43(b) and (c) and 45(a)). While it takes note of the Government’s general undertaking to implement the affirmative action laws in employment until gender parity is achieved in all sectors, the Committee notes the absence of information on concrete measures taken to this end. Noting the absence of progress on these issues, the Committee must reiterate its request to the Government to provide information on: (i) the measures adopted in order to increase the participation of women in employment at all levels and in all sectors of activity (please provide concrete examples); (ii) the entry into force, implementation and impact of the Land Resettlement Policy 2018–2027 such as, for example, the number of women who benefited from land redistribution since the adoption of the policy; (iii) the type of support provided to women with a view to accessing non-traditional occupations; and (iv) the adoption of the new National Gender Policy for 2021–31.

Enforcement. Ombudsman. The Committee recalls that, in the report it submitted in 2021, the Government had indicated that: (1) it had discussed the enhancement of the case management system for both the Office of the Labour Commissioner and the Employment Equity Commission with the ILO Technical Advisory Mission which took place following the conclusions of the 109th Session of the Conference Committee on the Application of Standards (CAS) in June 2021; and (2) it would provide information on the outcome of the envisaged collaboration between the Ombudsman and the Ministry of Labour in due course. Noting the absence of information on these issues, the Committee once again asks the Government to provide information on: (i) any progress on the collaboration between the Ministry of Labour and the Ombudsman’s Office in relation to the elimination of discrimination in employment and occupation; and (ii) cases of discrimination in employment and occupation dealt with by the Ombudsman’s Office and the results thereof.