2020 Findings on the Worst Forms of Child Labor: Namibia

 
Moderate Advancement

In 2020, Namibia made moderate advancement in efforts to eliminate the worst forms of child labor. Namibia ratified International Labor Organization Convention 189, the Domestic Workers Convention, which reaffirms the government's commitment to eliminate child labor in domestic work. The government also expanded its school feeding program to provide take-home food rations for vulnerable households during the COVID-19 pandemic. In addition, criminal law enforcement officials participated in training on the implementation of the Child Care and Protection Act to strengthen responses to child victims of the worst forms of child labor and other forms of exploitation. However, children in Namibia are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in domestic work and street work. Prevention and elimination of child labor are not integrated into key national policies. In addition, social programs do not address child labor in agriculture and domestic work.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Namibia are subjected to the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in domestic work and street work. (1,2) Table 1 provides key indicators on children’s work and education in Namibia. Data on some of these indicators are not available from the sources used in this report.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

Unavailable

Attending School (%)

5 to 14

Unavailable

Combining Work and School (%)

7 to 14

Unavailable

Primary Completion Rate (%)

 

94.1

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2021. (3)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Working on farms, including harvesting millet (4-6)

Services

Domestic work (1,6-11)

 

Street work, including begging and selling candies, fruits, and small goods (10,12-14)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, including in the production of pornography, sometimes as a result of human trafficking (2,4,10,11,15)

 

Use in illicit activities, including organized begging and selling of drugs (1,10,16)

 

Forced labor in agriculture, fishing, and domestic work, each sometimes as a result of human trafficking (2,15,17)

‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

The government has not collected and published data on child labor, including its worst forms, to inform policies and social programs. (14) An extended regional drought and economic downturn in Namibia have likely affected children's vulnerability to child labor, including its worst forms. Children from rural areas move to urban centers, such as Windhoek, in pursuit of supplemental income for their families. (1) Sources of income include work in domestic service and vending. (1) Some of these children engage in selling drugs, organized begging, and commercial sexual exploitation. (4,10,13) Commercial sexual exploitation most commonly involves girls and occurs in cities and transit corridors; girls and boys increasingly are subjected to Internet-based forms of sexual exploitation, including use in the production of pornography. (1,4,10,18) Children are trafficked within Namibia and from neighboring countries, such as Angola, Zambia, Zimbabwe, and the Democratic Republic of the Congo, for forced labor in agriculture, domestic work, and commercial sexual exploitation. (1,11,19) It is a common practice for parents to place their children in the care of distant relatives for expanded education opportunities; in some cases, these children are subjected to forced labor. (2) Children of the San ethnic group are particularly vulnerable to forced labor on farms and in homes. (2,19)

Both primary and secondary education are free by law; however, long distances to schools, particularly in rural and remote locations, may deter some children from attending school and increase their vulnerability to child labor. (20-22) Children orphaned by the HIV/AIDS epidemic and other causes sometimes become heads of households, which requires them to leave school to find work. (20,23)

II. Legal Framework for Child Labor

Namibia has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

In 2020, Namibia ratified the Domestic Workers Convention (ILO C. 189). Under this instrument, Namibia reaffirms commitments to the effective abolition of child labor in domestic work, including maintaining a minimum age for domestic work that is in line with the Minimum Age Convention (ILO C.138) and the Worst Forms of Child Labor Convention (ILO C.182).

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Namibia’s legal framework to adequately protect children from the worst forms of child labor, including the lack of a hazardous work list.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

14

Chapter 2, Article 3(2) of the Labor Act (24)

Minimum Age for Hazardous Work

Yes

18

Chapter 2, Article 3(4) of the Labor Act; Article 2(2) of the Labor Act (Regulations Related to Domestic Work); Article 15(2) of the Constitution (24-26)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Chapter 2, Articles 3(3)(d) and 3(4) of the Labor Act (24)

Prohibition of Forced Labor

Yes

 

Chapter 2, Article 4 of the Labor Act; Article 9 of the Constitution; Articles 202 and 234 of the Child Care and Protection Act; Section 15 of the Prevention of Organized Crime Act (24,26-28)

Prohibition of Child Trafficking

Yes

 

Sections 202 and 234 of the Child Care and Protection Act; Section 15 of the Prevention of Organized Crime Act; Chapter 2, Article 3(2) of the Combating of Trafficking in Persons Act (27-29)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Section 2 of the Combating of Immoral Practices Amendment Act; Section 234 of the Child Care and Protection Act (27,30)

Prohibition of Using Children in Illicit Activities

Yes

 

Section 234 of the Child Care and Protection Act (27)

Minimum Age for Voluntary State Military Recruitment

Yes

18

Section 17 of Defense Act 1 of 2002 (Government Notice 189 of 2010) (31)

Prohibition of Compulsory Recruitment of Children by (State) Military

N/A*

   

Prohibition of Military Recruitment by Non-state Armed Groups

Yes

 

Section 234(1)(b) of the Child Care and Protection Act (27)

Compulsory Education Age

Yes

14 ‡

Section 53 of the Promulgation of Education Act (21)

Free Public Education

Yes

 

Section 2 of the Education Amendment Act, 2017 (22)

* No conscription (32)
‡ Age calculated based on available information (33)

Under Namibian Law, children typically are only required to attend school until age 14 because the requirement is to attend school until the completion of seventh grade, which tends to be when children are age 14, or at the latest until children are age 16. (21) During the reporting period, the Namibian Parliament passed an updated Promulgation of Basic Education Act, which will raise the age of compulsory education up to age 18. However, the government has not yet brought the law into force. (14,34) Namibia's legal framework authorizes the institution of a light work framework for children under age 18; however, the statute does not prescribe the number of hours during which such employment may be undertaken. Therefore, under the new educational standard, the minimum age for work would be below the compulsory education age without comprehensive light work protections, which may encourage children to leave school before the completion of compulsory education. (34)

III. Enforcement of Laws on Child Labor

The government has established institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the operations of enforcement agencies that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor, Industrial Relations and Employment Creation (MLIREC)

Enforces child labor laws and investigates allegations of violations, including forced labor, and cases involving human trafficking and the commercial sexual exploitation of children. Works on child labor matters with the Ministry of Home Affairs, Immigration, Safety, and Security (MHAISS); the Ministry of Gender Equality, Poverty Eradication, and Social Welfare (MGEPESW); the Namibia Central Intelligence Service; and the Ministry of Education. (35) Refers children removed from child labor during inspections to MGEPESW for placement in social services. (36)

Ministry of Home Affairs, Immigration, Safety, and Security (MHAISS)

Enforces criminal laws through the Namibian Police. Coordinates with the labor inspectorate of MLIREC to investigate criminal labor violations, including child labor. (35,37,38) Through the Namibian Police Force's 15 Gender-Based Violence Protection Units, collaborates with MGEPESW and MLIREC to remove children from human trafficking and commercial sexual exploitation, while providing medical and psychosocial care for survivors. (35)

Labor Law Enforcement

In 2020, labor law enforcement agencies in Namibia took actions to combat child labor (Table 6). However, gaps exist within the operations of the Ministry of Labor, Industrial Relations and Employment Creation (MLIREC) that may hinder adequate labor law enforcement, including human resource allocation.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2019

2020

Labor Inspectorate Funding

$3,034,000 (20)

$2,439,225 (14)

Number of Labor Inspectors

51 (20)

52 (14)

Inspectorate Authorized to Assess Penalties

Yes (24)

Yes (24)

Initial Training for New Labor Inspectors

N/A (20)

Yes (14)

Training on New Laws Related to Child Labor

Yes (20)

N/A (14)

Refresher Courses Provided

Yes (40)

Yes (14)

Number of Labor Inspections Conducted

1,628 (20)

1,932 (14)

Number Conducted at Worksite

1,628 (20)

1,932 (14)

Number of Child Labor Violations Found

0 (20)

0 (14)

Number of Child Labor Violations for Which Penalties Were Imposed

N/A (20)

N/A (14)

Number of Child Labor Penalties Imposed that Were Collected

N/A (20)

N/A (14)

Routine Inspections Conducted

Yes (20)

Yes (14)

Routine Inspections Targeted

Yes (20)

Yes (14)

Unannounced Inspections Permitted

Yes (24)

Yes (24)

Unannounced Inspections Conducted

Yes (20)

Yes (14)

Complaint Mechanism Exists

Yes (20)

Yes (14)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (20)

Yes (14)

MLIREC conducted inspections in all regions and sectors of Namibia. (14,41) An inadequate number of labor inspectors likely hinders the inspectorate's ability to enforce laws, particularly in remote and rural areas of the country. (1) The number of labor inspectors is likely insufficient for the size of Namibia's workforce, which includes approximately 956,800 workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in developing economies, Namibia would employ about 64 inspectors. (42,43)

MLIREC operates a 24‐hour SMS line for labor complaints, including child labor. The SMS hotline received no child labor complaints during the reporting period. (14)

Criminal Law Enforcement

In 2020, criminal law enforcement agencies in Namibia took actions to combat child labor (Table 7). However, gaps exist within the operations of criminal enforcement agencies that may hinder adequate criminal law enforcement, including prosecution planning.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2019

2020

Initial Training for New Criminal Investigators

No (20)

No (44)

Training on New Laws Related to the Worst Forms of Child Labor

No (20)

Yes (44)

Refresher Courses Provided

No (20)

No (44)

Number of Investigations

4 (20)

4 (44)

Number of Violations Found

4 (20)

17 (15)

Number of Prosecutions Initiated

3 (20)

1 (44)

Number of Convictions

Unknown (20)

1 (15)

Imposed Penalties for Violations Related to the Worst Forms of Child Labor

Unknown (20)

Unknown (44)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (20)

Yes (44)

In 2020, 30 police officers and trainers received training on the implementation of the 2019 Child Care and Protection Act. The government also circulated a pocket manual with content on how to respond to child victims of exploitation. (14) The Namibian Police Force operates a toll-free hotline for reporting crimes, including child trafficking. However, research could not determine whether the police received complaints related to the worst forms of child labor. (15) An NGO operates another hotline for victims of gender-based violence and child exploitation to report cases and access information about available resources and refer cases to relevant government social services providers. (15,45) Although there are 15 Gender-Based Violence Protection Units in Namibia, research finds considerable variation in the operational performance of these units; because of resource constraints, only the Windhoek-based unit is operating at full capacity, and several other units are not able to function according to their intended mandates. (1,14)

During the reporting period, Namibian police arrested and initiated a prosecution for the sexual exploitation of at least eight child victims, including use in the production of child pornography. (18,46) The trial, however, was postponed to allow for additional investigation. (47) The government also reported nine additional child victims of crimes related to forced labor or sexual exploitation. (15) However, the government does not maintain centralized statistics for regional magistrate court cases, which limits information on criminal law enforcement efforts in response to the worst forms of child labor. (20)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including inactive coordinating bodies.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

Inter-Ministerial Committee on Child Labor

Coordinates government policies and efforts to combat child labor. Comprises officials from MLIREC, the Ministry of Education, MGEPESW, MHAISS, and the Office of the Ombudsman. (35,48) Research was unable to determine whether the Inter-Ministerial Committee on Child Labor was active during the reporting period. (14)

Permanent Task Force for Children

Implements and coordinates services for children at the national level. Includes key ministries, NGOs, development partners, and bilateral agencies. (35) Met on a quarterly basis in 2019 to implement the National Agenda for Children. (20) Research was unable to determine whether the Permanent Task Force for Children was active during the reporting period. (14)

Child Care and Protection Forums

Address child protection issues and coordinate services in the country at the regional and district levels. Raise community awareness of the signs of child mistreatment and available services. (49) Participants include 14 regional councils, MGEPESW social workers, police, teachers, government agencies, NGOs, community leaders, churches, and other local-level stakeholders. Research was unable to determine whether Child Care and Protection Forums were active during the reporting period. (14)

Trafficking in Persons National Coordinating Body

Coordinates and monitors government and non-government responses to trafficking in persons in Namibia. (19) Led by MGEPESW, with participation from MLIREC, MHAISS, the Ministry of Justice, the Ministry of Home Affairs and Immigration, and the Prosecutor General and Attorney General. (11) The Trafficking in Persons National Coordinating Body met twice during the reporting period to coordinate the implementation of the National Referral Mechanism and Standard Operating Procedures on human trafficking. (15)

Research indicates that key coordinating bodies related to child labor did not convene meetings in 2020 due to imposed restrictions during the COVID-19 pandemic; however, research could not determine whether other coordinating activities related to these bodies occurred. (14)

MLIREC-led joint child labor inspection teams, which coordinate child labor inspections and referrals between ministries involved in child welfare, have not been in effect since the end of 2017. (40)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including mainstreaming child labor issues into relevant policies.

Table 9. Key Policies Related to Child Labor

Policy

Description

National Agenda for Children (2018–2022)

The primary strategy for child welfare issues. Focuses on strengthening the protection of children in need of care, including enforcement of laws protecting children from child labor. (50) Outlines procedural instructions for each ministry and stakeholder for cases of child mistreatment. (35,37,51)

National Development Plan V (2017/2018–2021/2022)

Includes goals for addressing child trafficking and protection concerns. (35,54)

† The government had other policies that may have addressed child labor issues or had an impact on child labor. (19,40,55-57)

Research was unable to determine whether activities were undertaken to implement key policies related to child labor in Namibia during the reporting period. (14) In 2020, the Namibian Government began drafting a 5-year National Plan of Action Against Trafficking in Persons to guide anti-trafficking efforts, strengthen coordination among government ministries and civil society organizations, and increase public awareness, especially in rural areas. (15)

The 2017–2022 Strategic Plan of the Ministry of Gender Equality, Poverty Eradication, and Social Welfare does not integrate child labor elimination strategies. (58) Although the Ministry's 2019–2023 National Action Plan on Gender-Based Violence coordinates national efforts against gender-based violence, including rape and sexual abuse, physical domestic abuse, and human trafficking, it does not incorporate other worst forms of child labor, such as physical abuse occurring in domestic service and commercial sexual exploitation. (57) Research indicates that some children working in domestic service are subject to physical abuse by their employers. (8,55)

VI. Social Programs to Address Child Labor

In 2020, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the adequacy of programs to address the full scope of the child labor problem.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Social Protection Grants†

MGEPESW-funded grants to support vulnerable children and households. (59) Include child maintenance grants, place of safety allowances, and foster care grants. Child maintenance grants provide monthly stipends to single-parent families and are contingent upon school enrollment of all school-age children; place of safety and foster care grants provide support for people and places that provide temporary care for children. (60-62) MGEPESW provided grants to families during the reporting period. (14)

Shelters and Victims Services†

Government and NGO shelters that provide safe accommodation, meals, clothing, toiletries, psychosocial support, legal assistance, medical services, and access to education. (19) Registered residential childcare facilities provide services for children experiencing mistreatment and neglect. The government provides subsidies, either per child or as a percentage of operating expenses, for private shelter facilities. (11,51) Shelters and victims services received government support and provided services during the reporting period. (14)

Namibian School Feeding Program†

Government program that provides mid-morning meals to school children in all 14 regions. (35,53) In 2020, the program served 431,500 children, an increase from 377,521 during the previous year. During the COVID-19 pandemic, the government provided take-home rations for vulnerable families through the School Feeding Program. (63)

National Youth Service†

Government program that offers training in civic education, national voluntary service, and job skills to unemployed youth, some of whom have never attended school. (49) In 2020, the government allocated $2.4 million for the program, unchanged from the previous year. (14,20)

Decent Work Country Program (2018-2023)

ILO-funded program to promote decent work in Namibia, including the elimination of child labor, through employment promotion, enhanced social protection, and social dialogue and collaboration. (19,52) Included specific actions targeting child labor, such as a child labor survey. (35,37,53)

† Program is funded by the Government of Namibia.

During the reporting period, the government partnered with a local NGO to provide protective services to Namibian and foreign victims of human trafficking, which included psychological and social support, legal assistance, medical care, proper documentation for foreign victims, and educational access for child victims. (2)

The government has 15 designated residential care facilities for children, but few of these shelters are able to provide complete services. The only fully operational government shelter is located in Windhoek, so children who live in rural areas must go to the capital to receive services. (1) Although the government provided assistance and services to vulnerable children and some victims of child labor, research found no evidence of programs specifically addressing children working in agriculture or domestic work.

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Namibia (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Enforcement

Increase the number of labor inspectors to meet the ILO's technical advice to ensure adequate enforcement of labor laws, including in remote areas.

2019 – 2020

 

Ensure that training is provided to criminal law enforcement investigators on laws related to child labor, including training for new investigators and refresher trainings.

2018 – 2020

 

Publish information on the number of child labor complaints that are reported through the Namibian Police Force hotline.

2020

 

Ensure that all Gender-Based Violence Protection Units have adequate resources to operate according to their intended mandates.

2018 – 2020

 

Establish a mechanism to compile and publish comprehensive statistics related to labor and criminal law enforcement, including convictions for crimes related to the worst forms of child labor.

2019 – 2020

Coordination

Ensure that all coordinating bodies are able to carry out their intended mandates.

2020

 

Reactivate joint child labor inspection teams to strengthen coordination between ministries that respond to cases of child labor.

2019 – 2020

Government Policies

Publish activities undertaken to implement key policies related to child labor during the reporting period.

2016 – 2020

 

Integrate child labor elimination and prevention strategies into key national policies, including the Strategic Plan of the Ministry of Gender Equality and Child Welfare and the National Action Plan on Gender-Based Violence.

2019 – 2020

Social Programs

Conduct research on the prevalence of child labor to inform the development of policies and social programs.

2013 – 2020

 

Enhance efforts to eliminate barriers and make education accessible for all children by expanding social support to orphaned children and taking measures to reduce long travel distances to schools.

2019 – 2020

 

Institute programs or expand existing programs to address child labor in agriculture and domestic work.

2009 – 2020

 

Ensure that there are adequate shelters, including in areas outside Windhoek, to meet the needs of vulnerable children.

2019 – 2020

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