Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Labour Inspection Convention, 1947 (No. 81) - Namibia (Ratification: 2018)

The Committee notes that, in March 2024, the Governing Body declared receivable a representation submitted by the Namibian Fisherman United Association (United Seafarers Association), subsequently supported by the International Transports Workers Federation under article 24 of the ILO Constitution, alleging non-observance by Namibia of the Convention, as well as of the Forced Labour Convention, 1930 (No. 29), the Termination of Employment Convention, 1982 (No. 158), and the Work in Fishing Convention, 2007 (No. 188), and appointed a tripartite committee to examine it (GB.350/INS/18/4, March 2024). The Committee notes that the allegations contained in the representation refer to Articles 1, 2, 3, 14, 16, and 27 of Convention No. 81. In accordance with its usual practice, the Committee has decided to suspend its examination of these issues pending the decision of the Governing Body in respect of the representation.

Article 4 of the Convention. Supervision and control of a central authority. The Committee notes the Government’s indication in its report that the national inspection policy aims to address legislative, administrative and technological gaps. It also notes the Government’s indication that the policy will apply to all workers and employers across all economic sectors. with the exception of the defence and police forces and the intelligence and correctional services, and that a copy will be shared once it has been adopted. The Committee requests the Government to provide information on any progress made in adopting the national inspection policy and to supply a copy once adopted.

Articles 5(a) and 9. Effective cooperation between the inspection services. Duly qualified technical experts and specialists. The Committee notes the Government’s reference to the subdivision responsible for occupational safety and health (OSH) under the Ministry of Health and Social Services. The Government indicates that this subdivision conducts workplace inspections. In addition, the Ministry of Health also engages and co-opts experts and specialists from other ministries. The Government further indicates that collaboration and cooperation between the ministries concerning safety and health is ongoing and that a memorandum of understanding is pending signature. The Committee also notes that the OSH Bill envisages a Commission that will oversee efficient collaboration and cooperation of authorities responsible for OSH. The Committee requests the Government to provide information on how effective collaboration between the Ministry of Labour and the Ministry of Health is carried out in practice with regard to OSH inspections.

Article 10. Sufficient number of labour inspectors. The Committee notes the Government’s indication that the Labour Directorate currently has 79 filled labour inspector posts (89 in 2021), of which 51 are dedicated to monitoring compliance with conditions of employment and 28 to occupational safety and health. The Government further indicates that the remaining positions will be filled progressively, subject to the availability of national funding. The Committee also notes that the Directorate has a recruitment plan in place for the 2025–2026 financial year to address existing vacancies. Noting a decrease in the number of labour inspectors,the Committee requests that the Government continue to provide detailed information on the plan to fill vacant positions. In addition, the Committee requests once again the Government to indicate how it ensures that the number of labour inspectors is sufficient to secure the effective discharge of the duties of the inspection service.

Article 12(1) and (2). Right of labour inspectors to enter freely workplaces liable to inspection. Notification of presence to the employer. The Committee takes note of the Government’s indication that the Labour Act empowers labour inspectors to enter freely and without previous notice at any reasonable hour any premises liable to inspection. The Committee also notes the Government’s indication that at the time of the inspection, the labour inspector presents an identification card and appointment letter to the employer and briefs them on the purpose of the inspection. The Government further indicates that in 2023/2024, the labour inspectorate conducted 724 OSH inspections and 1,775 inspections on basic conditions of employment, all of which were unannounced. The Committee requests the Government to provide information on how it ensures that, during inspection visits, labour inspectors have the discretion not to notify the employer if they consider that such notification may be prejudicial to the performance of their duties, in accordance with Article 12(2). The Committee also requests the Government to continue to provide information on the number of unannounced inspections and of those that were announced.

Articles 13, 17 and 18. Powers related to OSH enforcement, adequate penalties imposed and effectively enforced. The Committee notes the Government’s information regarding the Draft OSH Bill, which empowers OSH inspectors to issue prohibition notices. The Committee also notes that amendments to the Labour Act are in the final stage of completion. The Committee also notes the Government’s information regarding the proposed maximum fine of 500,000 Namibian dollars (approximately US$28,200) under the Draft OSH Bill. It further notes that the most common OSH violations included the failure to provide appropriate personal protective equipment and the absence of risk assessments. The Committee also notes that the penalties imposed for such violations included prohibition notices, compliance orders, and recommendations. The Committee requests the Government to continue to provide information on violations detected and to indicate the number and type of violations related to conditions of work and the penalties imposed for all types of violations. The Committee also requests the Government to provide information on the progress made in the adoption of the OSH Bill, as well as on the amendment of the Labour Act.

Article 15. Obligations of labour inspectors. Confidentiality of complaints. The Committee notes that the Code of Conduct for Labour Inspectors was adopted in October 2024 and that it addresses both conflict of interests of inspectors (section 11) and confidentiality of complaints (section 12). With regard to confidentiality, the Committee notes that section 12 provides that a labour inspector must: (a) uphold the confidentiality of matters, documents, discussions and information of customers and divulge it only to authorized persons who need to be informed in the interest of resolving a case; and (b) preserve and be discreet in dealing with sensitive information in respect of customers and respondents or their enterprises. The Committee requests the Government to indicate how it ensures that, in the application of section 12, labour inspectors treat as absolutely confidential the source of any complaint bringing to their notice a defect or breach of legal provisions and give no intimation to the employer or his representative that a visit of inspection was made in consequence of the receipt of such a complaint.

Articles 20 and 21. Annual report on the work of the inspection services. The Committee notes the Government’s indication that it is developing a database where all the workplaces envisaged for inspection will be registered. The Committee notes that no annual labour inspection report has been transmitted to the ILO during the reporting period. The Committee requests the Government to provide information on any progress made in establishing the database of workplaces liable to inspection. The Committee also requests the Government to provide information on the preparation, publication and transmission to the ILO of an annual inspection report, in line with Articles 20 and 21 of the Convention.

In addition, the Committee recalls the pending comment regarding the Labour Administration Convention, 1978 (No. 150), adopted by the Committee in 2022, for which the Government will be requested to reply in its next report.