Country Report on Human Rights Practices for 1990
NAMIBIA
The Republic of Namibia became independent on March 21, 1990,
ending 74 years of South African rule. Its independence
—
supervised by the U.N. Transition Assistance Group (UNTAG) and
attended by many world leaders—marked the end of colonialism
in Africa. The new nation of Namibia is a functioning
multiparty, multiracial democracy. Its Constitution contains
an entrenched bill of rights, which provides for freedom of
speech, press, assembly, association, and religion. It also,
provides for free presidential elections by secret ballot
every 5 years, a two-term presidency, a bicameral parliament
(the National Assembly), an independent judiciary, and
abolition of the death penalty. Efforts at national
reconciliation among Namibia's many racial, ethnic, and
regional groups are being vigorously pursued.
The South West Africa People's Organization (SWAPO) won
Namibia's first free election in November 1989 with 57 per
cent of the vote. The Democratic Turnhalle Alliance (DTA),
SWAPO ' s major opposition, and five other minor parties are
also represented in the National Assembly, which selected the
SWAPO leader, Sam Nujoma, as the country's first President.
The SWAPO-led Government has one non-SWAPO member among its 16
cabinet ministers. There were several key questions of
government policy and organization still outstanding at the
end of 1990, including the establishment of a second chamber
in Parliament, regional and local elections, and land reform
issues.
The main security force is the Namibian Defense Force (NDF),
which is comprised of former soldiers of the People's
Liberation Army of Namibia (SWAPO' s erstwhile military wing )
and former members of the South West African Territorial Force
(SWATF)—forces that fought each other in the years prior to
independence. A small police force assists in maintaining
internal security. For a brief period in 1990, there was a
special constabulary force composed of former SWAPO guerrillas
charged with patrol and police responsibilities on the
northern border. This special force was disbanded in August
after it was charged with serious human rights violations, and
its duties were taken over by the NDF. The President's
November appointment of Major General Solomon "Jesus" Hawala,
accused of torturing SWAPO detainees in Angola in past years,
as army commander of the NDF created a storm of controversy
and much discussion in Parliament, but he was confirmed by the
National Assembly in December.
The dominant feature of the Namibian economy is its dualism,
with a modern market sector producing most of its wealth and a
traditional subsistence agricultural sector (mainly in the
north) supporting most of its labor force. The mainstays of
the market sector are mining, ranching, and fishing, still
mostly controlled by white Namibian businessmen. In 1990
President Nujoma stressed the leading role of the private
sector, and a new investment code was approved by the Cabinet
and adopted by Parliament in December.
Namibia had a generally favorable human rights record in
1990. Much of the controversy over human rights centered on
how to come to terms with abuses committed under the previous
administration and by the SWAPO opposition. In 1990 the
principal human rights issue was the accounting of missing
detainees formerly held by SWAPO in Angola and by the former
South African (SA) authorities in Namibia. Human rights
organizations were especially active in keeping the issue
alive, and, bowing to public pressures. Parliament established
a committee to investigate the fate of missing persons, which
could become a principal issue in the crucial regional
elections and the formation of the second house of
Parliament. In November a parliamentary committee suggested
that the International Committee of the Red Cross (ICRC), in
coordination with an eminent Namibian citizen, investigate the
whereabouts of persons still unaccounted for after the end of
the war. At the end of 1990 the ICRC had not received a
formal request from the Namibian Government to do so, and no
eminent person had been named. SWAPO repeatedly stated that
it has released all former detainees, but the Government
agreed to work with the parliamentary committee to account for
the missing persons, estimated at between 250 and 600. Some
former SWAPO and SA detainees began to seek compensation for
past abuses through the judicial system.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from;
a. Political and Other Extrajudicial Killing
There were no reported political or extrajudicial killings in
1990. In the only known instance of killing attributable to
government forces, a case was brought in September against
three NDF soldiers for a fatal shooting of a 13-year-old boy.
The plainclothes soldiers were purportedly searching without
authorization for a Baster Rehoboth district politician in his
farm Rehoboth. As they drove up, they encountered a truck
similar to that which belonged to the politician. The
soldiers opened fire on the truck and accidentally killed the
boy. The three soldiers face murder charges and were cited
for dereliction of duty by senior NDF officials. The shooting
was publicly condemned by the Prime Minister.
Several charges of politically motivated killings remained
unresolved from 1989. Anton Lubowski, a senior white official
of SWAPO, was shot outside his home by an unknown gunman in
September 1989. A 54-year-old Irish national, Donald Acheson,
who reportedly had links to a rightwing South African group
suspected of other politically motivated crimes in South
Africa, was arrested for the crime. The case never came to
trial because South Africa would not, in the absence of a
Namibia-South African extradition treaty, extradite South
African citizens considered crucial witnesses in the case.
Acheson was released in April.
Another prominent case concerned the bombing of the UNTAG
offices in Outjo (northern Namibia) prior to the 1989
elections in which a local guard was killed. The three
accused of the bombing escaped from police custody in early
January and killed a policeman during the escape. The three
fugitives also reportedly had links to South African rightwing
groups, and two are believed to be in hiding in South Africa.
The third turned himself in soon after the escape and awaited
trial at year's end.
David Calitz, a former member of South West Africa's (SWA)
police counterinsurgency unit, Koevoet (Afrikaans for
crowbar), was sentenced to 10 years in prison in January for
beating a civilian to death in northern Namibia in December
1987. Calitz 's amnesty appeal, made under the South African
Defense Act, was reportedly denied in January. He was allowed
to serve his sentence in South Africa's Pollsmoor Prison, but
in February he was reportedly freed with several others under
the last South West Africa Administrator-General's amnesty
program for certain former members of the SWA security forces.
b. Disappearance
Most, if not all, disappearances involved either persons
detained by SWAPO or those arrested and unaccounted for by the
former South African authorities. From January to March 1990,
the number of SWAPO detainees not accounted for was estimated
to range from 256 to 541 but, by the end of the year, the
number of detainees not accounted for ranged from 256 to
1,400. The last list compiled in 1989 by the special ad hoc
committee of the UNTAG—empowered to investigate the SWAPO
detainee issue—identified 256 persons as still missing. The
UNTAG committee also stated that during its investigation it
could find "no evidence" that reported SWAPO torture camps or
dungeons existed in either Angola (near Lubango) or Zambia.
The UNTAG investigation has been criticized by some local
human rights groups, particularly the Namibian National
Society for Human Rights (NSHR),and the Parents' Committee.
The NSHR, in a October 3, 199C, press statement said that 541
people remained unaccounted for. At the end of 1990, an NSHR
press release alleged that over 1,400 Namibians were still
being held in Angola, of whom the identities of 549 were known
to NSHR. The disparity in numbers will continue until a full
investigation by the Government is completed. Since the 1989
UNTAG committee's report, no official follow-up investigations
have been conducted. The NSHR continues to monitor the issue;
its higher figure is a reflection of information received from
friends and relatives of those missing.
The NSHR claims that many detainees are still being held in
Angola. Most of the SWAPO detainees were reportedly suspected
and accused by SWAPO of being "South African spies." The
SWAPO security service allegedly was responsible for torturing
detainees. SWAPO has repeatedly stated that it is no longer
holding anyone in detention, but in June, under parliamentary
pressure, SWAPO agreed to lead an all-party parliamentary
investigation into the outstanding allegations. The motion
was proposed by the opposition, led by National Patriotic
Front leader, Moses Katjiuongua, and backed by the Prime
Minister. In October the Prime Minister, as chairman of the
all-party parliamentary investigation committee, announced in
the National Assembly that the Government would ask the ICRC
and an eminent individual of unspecified nationality to lead
an investigation into the missing persons issue. Parliament
later referred the issue of identifying the eminent individual
to the Chief Justice. By year's end no one had been named,
and no request had been made to the ICRC.
The whereabouts of people detained by the former South African
(SA) administration in Namibia also remained unclear. U.N.
Security Council Resolution 435 stipulated that the former SA
authorities had to release all Namibian political prisoners
and detainees. Previously, SA authorities had unlimited
arrest and detention powers. The number of SA detainees
fluctuated and releases were not always made public. However,
according to a recent NSHR report, the whereabouts and fate of
59 people remained unknown.
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
Since independence, there have been no allegations of torture
or other inhuman treatment by police and military forces.
Namibia's new police and defense forces are being trained by a
British military assistance team. The new Government has made
a concerted effort to emphasize the importance of human rights
in the training process of both the police and military.
Many of the legal actions brought by past detainees involve
charges of torture, usually against SA authorities (see
Section i.e.). However, the most controversial charge raised
in 1990 concerned one SWAPO military leader, Solomon "Jesus"
Hawala, who has been accused by local human rights groups and
opposition parties of torturing detainees in Angola. Charges
against Hawala have not been proven in a court of law.
However, his appointment as the new commander of the Namibian
Defense Force produced strong protests from local and foreign
human rights groups. Amnesty International, opposition
leaders, and the usually SWAPO-aligned Council of Churches of
Namibia (CCN).
d. Arbitrary Arrest, Detention, or Exile
Namibia's Constitution forbids arbitrary arrest or detention.
According to the Constitution, persons who are arrested must
be informed of the reason for their arrest "promptly in a
language they understand," and they must be brought before a
magistrate within 48 hours of their detention. A trial must
take place within "a reasonable time" or the accused must be
released. The accused is entitled to defense by a legal
counsel of his choice; the State will provide a lawyer for the
indigent. These rights and protections have been afforded in
practice since independence.
The President may "at a time of national disaster or a
situation threatening the life of the nation or the
constitutional order" declare a state of emergency. Such a
declaration must be approved by the National Assembly by a
two-thirds majority within 7 days, if the Assembly is sitting,
or 30 days after publication of the declaration in the
Government Gazette, if the Parliament is not in session.
During a state of emergency, persons may be held in indefinite
administrative detention but with mandatory review procedures.
Even in a state of emergency, however, the right to a fair
trial, and freedom of expression and speech are protected.
Since the 1989 election process and independence, the most
blatant abuse of authority involved the arbitrary arrests and
detentions reportedly carried out by the "special constables,"
the northern border auxiliary police force. The auxiliary
police were former members of SWAPO' s guerrilla forces
excluded from the Namibian Defense Force for budgetary
reasons. They were assigned border patrol and police duties
in northern Namibia by the Ministry of Home Affairs. Repeated
claims of harassment, arbitrary arrest, beatings, and
detention of citizens were made against the special constables
who had no formal police training and only rudimentary
military training. Police officers reportedly could not
control their behavior. The situation reached a crisis point
when two South African tourists were reportedly detained and
beaten on August 15. The auxiliary force was soon disbanded,
and the Namibian Defense Force (NDF) was assigned northern
border patrol responsibilities. A ministerial-level
commission was established to investigate allegations against
the auxiliary police force, but it had not issued a public
report by the end of the year. Reports from the north
indicate that the security situation has significantly
improved under the more disciplined NDF.
e. Denial of Fair Public Trial
Namibia has an independent judiciary, and under the new
Constitution all Namibian citizens have the right to a fair
trial. Namibia has retained the Roman-Dutch court system it
inherited from South Africa. There are three court levels:
Magistrate, High, and the Supreme Court. The latter also
serves as the court of appeals and as a constitutional review
court. The new Supreme Court has also been tasked with
hearing cases of persons who claim to have been tortured by
former SA authorities.
The tenure of judges is unaffected by changes in government.
Parliament is still debating the number of judges that will be
reqxiired, and the jurisdiction, if any, of tribal courts.
Traditionally, tribal courts have dealt with minor criminal
offenses, such as petty theft and infractions of local
customs. The Constitution guarantees that anyone claiming
that his fundamental rights have been violated may seek
redress in court and approach the Ombudsman for free legal
advice.
In the post independence period, no one was denied the right to
a fair trial. The 1989 murder case of Immanuel Shifidi by six
SA security force members at a political rally is in the
process of being transferred to the Namibian Supreme Court
from the former appellate court in Bloemf ontein. Former South
African State President P.W. Botha stopped the trial of the
six security force members, and the case was later forwarded
to the Bloemfontein Court of Appeals. It now falls under the
purview of the new Namibian Supreme Court, and a decision is
still pending as to whether the six should be remanded for
trial.
Reported crimes by former members of the South African Defense
Force (SADF) and police forces came to trial in 1990. Three
former members of the SADF were convicted in 1990 of raping a
woman in May 1989. They received sentences of 7 years in
prison, which were later reduced to 5.
Redress for other alleged crimes by the SADF may hinge on the
outcome of a landmark case brought before the Namibian courts
in September. In this case Israel Mwandingi is seeking
redress for alleged crimes committed by the SADF, SWATF, or
SWA Police in a 1987 shooting in Ongwediva, northern Namibia.
Mwandingi was shot in the back and claims that the assault was
carried out by members of either SADF, SWATF, or SWA police.
He originally brought the claim against the South African
Minister of Defense. There are reportedly 20 such cases
arising from past actions by the South African security
forces. Most of these alleged crimes were committed in the
north, and many are being handled by the Legal Assistance
Center. If the decision goes in favor of Mwandingi, the
Namibian Government and Ministry of Defense could end up
paying substantial amounts in damages.
f . Arbitrary Interference with Privacy, Family, Home, or Correspondence
Respect for privacy is safeguarded by the Constitution and was
respected in practice in 1990. Arresting officers must have a
warrant. Prior to independence, South African law enforcement
officials had almost unlimited powers of search and seizure,
as well as extensive powers of arrest and detention. In most
cases these officials were given immunity from prosecution.
SWAPO also had a security service (preindependence) that was
reportedly responsible for the arrest of SWAPO members accused
of spying for South Africa.
No evidence exists that electronic surveillance or
interference with correspondence are conducted against
Namibian citizens.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for these fundamental freedoms,
including academic freedom in institutions of higher learning,
and it states these rights may not be suspended in time of war
or during a state of emergency. In practice, these freedoms
have been respected since independence. Political parties of
very different persuasions hold meetings and rallies in all
parts of the country. There were no known instances of
government interference with the press, human rights groups,
political parties, or other public groups or gatherings, even
when there was foreknowledge that through their activities
they might criticize the Government and its policies.
However, in August police warned the editor of The Namibian
that she might be charged under the Protection of Information
Act for printing secret information about an alleged coup
conspiracy. The editor, whose office had just been bombed,
refused to reveal to police the source of her article.
The sole provision of the Constitution that may limit speech
is Article 23, which prohibits "the practice and ideology of
apartheid." No post independence case has tested this
provision of the Constitution.
All radio and television services are operated by the
government-owned Namibian Broadcasting Corporation (NBC); a
government-appointed board sets policy for the organization.
The new NBC board is more broadly representative of the
Namibian population than that of its predecessor, the South
West African Broadcast Corporation, although it includes some
holdover members. The NBC routinely gives prominent coverage
to the activities of government officials, although it has
begun to put more opposition spokespersons on the air.
Print journalism in Namibia is free and vigorous. At present
there are five daily, four weekly, and one semiweekly
newspapers of general interest. At least three newspapers are
owned by political parties. One daily (Windhoek Advertiser)
and two weeklies (Windhoek Observer and Namibia Nachrichten)
make reasonable claims of political independence. There was
no apparent self-censorship by print media, aside from the
constraints of libel laws (which impose stricter limits with
regard to public figures than does U.S. law) and a general
circumspection with regard to the person of the President.
b. Freedom of Assenvbly and Association
The new Constitution provides for freedom of assembly and
association. Various organizations, including political
parties, held large meetings and gatherings during 1990
without interference.
c. Freedom of Religion
Even before independence, Namibians enjoyed total freedom of
religion. Most Namibians are Christian; the single largest
denomination is the Evangelical Lutheran Church (ELCIN).
Roman Catholic, Anglican, Methodist, African Methodist
Episcopal, and Dutch Reform churches are also active. The
Jewish, Mormon, and Muslim communities are small. In contrast
to the preindependence period, there are no travel
restrictions on church leaders in independent Namibia.
d. Freedom of Movement Within the Country, Foreign Travel, Emigration, and Repatriation
Since independence, Namibians have enjoyed full freedom of
movement and foreign travel. During and after the transition
to independence, a total of 42,736 Namibian exiles (returnees)
returned to the country as part of the United Nations High
Commissioner for Refugees (UNHCR) repatriation program. The
UNHCR ended its assistance program to Namibian returnees in
June 1990. Many returnees have been absorbed into mainstream
Namibian life. Some development organizations are assisting
those who have not established a new life for themselves.
Several voluntary resettlement communities for returnees were
being established in the north.
Namibia plans to sign the U.N. Convention and Protocal
Pertaining to Refugees and did not engage in any forced
repatriations. At the end of 1990 the Government had not
developed a policy on asylum seekers and reviewed each request
on a case-by-case basis. As a result, the status of a few
persons, all Africans, remained undecided. Some are being
held in Windhoek prison, others are given unofficial temporary
residence with the proviso that they should make plans to
leave the country as soon as possible. Officials of the Legal
Assistance Center (see Section 4) regularly visit them. Two
Burundi citizens, who requested political asylum in April,
were eventually accepted by Canada.
In August the Government repatriated from East Germany 100
children (reportedly dependents of SWAPO detainees) who had
been sent there in 1989.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have the right to change their government.
Nonracial, universal, multiparty elections were held in
Namibia from November 7 to 11, 1989, and were certified as
"free and fair" by the United Nations Special Representative.
Over 97 percent of Namibia's 700,000 registered voters turned
out to cast their vote. (Namibia's population is
approximately 1.5 million.)
The Constitution establishes a bicameral parliament, the
National Assembly, and calls for free general elections by
secret ballot every 5 years and regional elections every 2
years. In 1990 only the lower house was functioning. At
year's end, a date for crucial regional elections, which will
provide representation for the large number of tribal and
other groupings (see Section 5), had not been set. Regional
elections, which could be held in 1991 or early in 1992, will
determine the number of representatives to the second chamber,
the National Council. Nothing outside the constitutional
provision calling for the establishment of the National
Council within "two years of independence" mandates its
formation by a certain date. According to the Constitution,
the National Council will include two representatives from
each electoral region. An all-party parliamentary
delimitation committee is in the process of deciding how many
electoral regions the country will have. According to the
Constitution, Namibia's President may serve only two 5-year
terms.
There are seven political parties presently represented in the
Namibian National Assembly. The SWAPO-led Government has 41
of the 72 seats in Parliament, and the DTA, the major
opposition party, holds 21 seats. The DTA, together with the
other non-SWAPO parties in Parliament (the United Democratic
Front, four representatives; the Action Christian National
Party, three representatives; and the Namibia National Front,
National Patriotic Front, and Federal Convention of Namibia,
one representative each) can block constitutional changes,
which reqiaire a two-thirds majority.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Several local human rights organizations operate freely in
Namibia. Local organizations such as the National Society for
Human Rights (NSHR) , the Parents' Committee, and the Legal
Assistance Center (LAC), operate openly, and in 1990 they
criticized the new Government's handling of the SWAPO detainee
issue and other matters. Unlike the Parents' Committee and
the LAC, which existed before independence, the NSHR is a new,
private Namibian human rights organization, established in
early 1990. Like the Parents' Committee, its principal focus
is the SWAPO detainee issue and accounting for persons who
disappeared while in custody under the previous Government.
Along with the Parents' Committee, it reports frequently on
the status of the missing detainees. The LAC is highly
regarded for its assistance, especially to indigent
defendants. The LAC also follows the SWAPO detainee issue and
handled some cases filed in 1990 concerning alleged past
crimes by former SA authorities.
Section 5 Discrimination Based on Race, Sex, Religion,
Language, or Social Status
The Namibian Constitution prohibits discrimination based on
race, creed, sex, or religion. However, from the long years
of South African administration, racial and ethnic
discrimination has been built into society to the same extent
as in South Africa in such important areas as education and
medical services which, prior to independence, were
administered for the 12 ethnic groups by 13 "second-tier
authorities." In 1988, for example, the white second tier
authority representing about 6 percent of the population had a
budget of about $22 million, while the Ovambo authority,
representing almost 50 percent of the population, had a budget
of only about $330,000. The 13 second-tier authorities
coincided generally but not precisely with the ethnic groups:
Ovambo, whites, Damara, Herero, Kavango, Nama, colored (mixed
race), Kaokovelder, Bushmen, Rehoboth Baster , Caprivian, and
Tswana . The second-tier administrations were abolished by
Parliament immediately after independence. The education and
health sectors are being restructured to eliminate previous
discriminatory practices. The new Government has replaced the
administrators of the second-tier authorities with regional
commissioners, and regional elections are scheduled to be held
in 1991. An all-party parliamentary delimitation committee is
working to divide the country into electoral regions in an
effort to diffuse ethnic voting patterns and establish the
second chamber of Parliament, the National Council.
Despite constitutional protections, discrimination against
women, stemming from pervasive cultural and traditional
practices of all races, persists. Women's rights are
guaranteed by the Constitution, but in practice, inequality in
the law, employment, and educational opportunities still
exist. Several women's groups are working to change these
inequalities to ensure that constitutional guarantees for
women are put into practice. For instance, under community
property laws married women of all groups may not legally
acquire or purchase property or enter into a legal contract
without the signature and consent of the husband. Any
property brought into a marriage by a woman is transferred to
the ownership of her husband, who has the authority to decide
its disposition without her consent. A woman is considered a
ward of her father until she marries; then she becomes a ward
of her husband. The law also does not compel men to provide
economic support for their children in case of divorce.
Therefore, single and divorced mothers often have financial
difficulties. There are no social assistance programs for
indigent mothers, but several developmental and international
organizations are now focusing on this issue.
There is also discrimination against women in education and
employment. This is not the result of Government policy but
of traditional practices. Women are not barred from pursuing
higher education but tend to be directed to certain
educational fields and areas of employment, such as clerical
and secretarial work, teaching, and domestic service. Women
are not encouraged to study technical or scientific
disciplines. However, with a revamping of the country's
educational system, this systemic issue is also being
addressed. Several organizations such as the Women's Council,
Namibian Women's Voice, and Women of Namibia focus on women's
rights issues. Each political party also has a women's
branch. The President has stated he is committed to improving
the status of women and has appointed several women to highlevel
positions, including the post of Minister of Local
Government and Housing.
Violence against women is reportedly widespread, particularly
wife beating and rape. The courts treat cases of wife beating
as assaults, but because of traditional attitudes regarding
the subordination of women, most such cases do not reach the
courts. Some cases of wife beating are not reported. Others,
which are brought to the attention of the police, are
reportedly dismissed as frivolous, and the alleged perpetrator
is not charged. Women's groups and other women's rights
advocates contend that rape and wife beating are not taken
seriously by police, claiming that police prefer not to
interfere in domestic disputes and that prosecutions of and
convictions for rape are the exception. In 1990 three former
members of the South African army were convicted in Windhoek
Supreme Court of raping an Owambo-speaking women in May 1989.
The men received a 7-year sentence, later reduced to 5 years.
Section 6 Worker Rights
a. The Right of Association
Namibia's Constitution provides for the right of association,
and in practice persons are free to form and join labor unions
without previous authorization. Unions are independent of
government and have the right to form federations and
confederations. The right to associate is entrenched and may
not be revoked during a state of emergency. The principal
trade union organization is the SWAPO-aligned federation, the
National Union of Namibian Workers (NUNW) which claims a
membership of 60,000 to 70,000, organized into 6 trade unions,
out of a formal sector work force of 200,000. About 70
percent (mostly black) of all workers in the mining industry,
the largest private sector employer, are union members. The
country's 20,000 to 30,000 farm workers, mostly employed on
white-owned farms, remain unorganized.
Labor issues and politics are linked in Namibia. Many black
union leaders are also SWAPO officials, serving in Parliament
or other government positions. Recently, however, the senior
leadership of the labor movement has called on people to
choose between the movement and public office. For the most
part, the trade union movement backed SWAPO in the November
1989 elections.
Namibian workers, except civil servants, enjoy and exercise
the right to strike. In 1990 some public and private workers
continued to strike over pay and other issues. Workers often
stopped work in 1990 before observing all the required steps
for the settlement of disputes which are mandated by the Civil
Affairs and Manpower Employment Code, and which is a carryover
from the previous administration. Until a new labor code is
adopted, employers have the right to dismiss legally or
illegally striking employees, and in the past have done so
with relative impunity. Currently there is no machinery for
appealing such dismissals.
South West Africa/Namibia has been a member of the
International Labor Organization (ILO) since 1978. SWAPO was
recognized by the ILO and had observer status. Trade unions
are free to exchange visits with foreign trade unions and to
affiliate with international trade union organizations. The
NUNW is affiliated with the Organization of African Trade
Union Unity, the British and Canadian Trade Union Congress,
the Congress of South African Trade Unions, and with the
Communist-controlled World Federation of Trade Unions. The
NUNW indicated that it would review its membership with
affiliated organizations at its June 1991 congress.
b. The Right to Organize and Bargain Collectively
In 1985 the Namibian Supreme Court recognized the right of
collective bargaining without intervention by other government
agencies. Collective bargaining is not widely practiced;
wages are set by the companies. The Conciliation Board is the
only legal recourse for workers in the case of wage disputes.
A proposed new labor code, being drafted by the labor movement
with input from the ILO and the LAC, seeks to lay down minimal
standards, conforming with international labor practices, and
guarantee employees the right to bargain individually or
collectively.
Until it is adopted, labor-management disputes are still
resolved through the Conciliation Board process under the Wage
and Industrial Conciliation Ordinance of 1952. In February
the National Building Workers' Union used the Conciliation
Board process to win wage increases of 40 to 93 percent and
periodic wage rate reviews. When labor and management are far
apart, however, as in the wage dispute at year's end between
the mineworkers ' union and the Tsumeb Corporation, the
Conciliation Board process often fails to produce results.
The current law does not prohibit antiunion discrimination by
employers against union members and organizers. For the most
part, the Conciliation Board has been used for labor union
wage disputes and on occasion working conditions and overtime
hours. Employers do not have to recognize a union and may
dismiss members and organizers if they wish. Legally,
antiunion discrimination is not an issue that may be brought
to the Conciliation Board.
There are no export or offshore processing zones or facilities
in Namibia.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law, but there is no mechanism
for enforcing the prohibition. The implementation of the
United Nations independence plan threw additional light on
labor practices in the white farming sector. Reports by
former SWAPO fighters, who were released from a police-run
farm in September 1989, indicated that conditions which
purportedly amounted to forced labor existed prior to
independence. Illiterate and isolated farm workers received
little or no compensation for labor, could not leave the farm
without the owner's permission, and were forbidden to speak
with outsiders. There were also some reports that farm
workers were subject to physical punishment by their
employers. In one court case in September 1989, evidence
given by witnesses revealed that workers on one farm were
being paid as little as 30 cents a day. The workers resorted
to poaching game to feed their families. Overall working
conditions in the farming sector remained a problem in 1990.
In some cases, what amounts to slave labor is still being
practiced.
d. Minimum Age for Employment of Children
The minimum age for employment is 15 years. Age regulations
are generally enforced in the wage sector pursuant to section
12 of the Employment Act of 1986. However, children below the
age of 15 often work on family and commercial farms and in the
informal sector.
There is no mechanism for enforcing the Employment Act of
1986. In the past inspectors from the offices of Civil
Affairs and Manpower would visit companies if a complaint were
lodged. Today, for the most part, companies claim they follow
the rules outlined in the Employment Act, but there is no
regular or consistent official monitoring of labor practices.
e. Acceptable Conditions of Work
There is no statutory minimum wage law in Namibia. An
unskilled worker in the mining sector earns an average of $275
a month. Nonwhite skilled employees earn less than their
white counterparts doing the same job or whites performing
unskilled tasks. For example, a December press release by the
NSHR and December press reports in The Windhoek Observer claim
that SWAWEK, the national power company, and the First
National Development Corporation are engaged in discriminatory
wage practices. NSHR claims that the entry level salary for
white security guards at SWAWEK is $800 per month, while for a
nonwhite security guard salaries begin at $280. Overall,
unskilled workers can expect a basic monthly salary of $140.
This is not enough to maintain a decent standard of living for
a worker or his family. The cost of living is high in Namibia
and, for the most part, the nonwhite population is living much
below the standard of the white population. The Government is
doing as much as possible to correct these historical
inequalities.
The standard legal workweek is 46 hours (which the proposed
new labor code would reduce to 45 hours). If the employee
freely agrees, up to 10 hours of overtime per week is allowed
at time-and-a-third pay. The law also mandates annual and
sick leave (including maternity leave). Most employees are
entitled to 21 calendar days of leave per year. Legally, more
than 10 hours per week of overtime has to be approved by the
Government. However, in practice, during the preindependence
period these provisions were not widely observed or enforced
and continue to be neglected since independence.
Government-mandated occupational health and safety standards
exist, but enforcement by the Ministry of Labor is weak.
However, the Government is prosecuting the Tsumeb Corporation
Limited, one of the country's largest mining companies, on
charges of negligence in connection with a devastating flood
in 1988, which killed eight miners and nearly destroyed the
mine. Improved safety conditions remained a strong union
demand in all sectors, particularly mining.
