Document #2111726
USDOS – US Department of State (Author)
The Government of Namibia does not fully meet the minimum standards for the elimination of trafficking but is making significant efforts to do so. The government demonstrated overall increasing efforts compared with the previous reporting period; therefore Namibia remained on Tier 2. These efforts included the government reporting on its investigations, prosecutions, and convictions of traffickers, including investigations of allegedly complicit government officials, which increased from media reports the prior year. The government provided anti-trafficking training to law enforcement, members of the judiciary, social welfare professionals, and civil society on implementing the Combatting Trafficking in Persons Act of 2018. The government reported identifying trafficking victims and referred all victims to services. The government launched a 2023-2027 anti-trafficking National Action Plan (NAP) and conducted training sessions on the NAP for government and community stakeholders. However, the government did not meet the minimum standards in several key areas. The government did not adequately screen vulnerable groups for trafficking indicators. Limited understanding and inconsistent use of the National Referral Mechanism (NRM) and SOPs for victim identification by front-line officials continued to hinder overall efforts. Not all jurisdictions had sufficient law enforcement coverage, which left gaps in the government’s ability to investigate trafficking cases.
Proactively identify trafficking victims, including by screening vulnerable populations, such as individuals engaged in commercial sex, children, migrants, refugees, and Cuban government-affiliated medical workers, and refer all identified trafficking victims to services, especially in rural and border regions. * Strengthen coordination and collaboration mechanisms across government ministries and with civil society partners to ensure clear roles and responsibilities, effective anti-trafficking policies, and increased communication. * Increase efforts to investigate and prosecute traffickers, including officials complicit in trafficking crimes, and seek adequate penalties for convicted traffickers, which should involve significant prison terms. * Expand training for law enforcement, immigration officials, healthcare workers, social workers, and other front-line responders on the SOPs and NRM. * Increase the availability of protection services including short-term shelter, long-term housing, and specialized services for all trafficking victims – particularly adult males and female victims of forced labor abroad – including by partnering with and allocating increased funding to civil society organizations. * Expand efforts to raise public awareness of human trafficking indicators and risks through sensitization campaigns and community outreach, especially in rural areas and in local languages. * Ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked. * Implement and consistently enforce strong regulations and oversight of labor recruitment companies, including by holding fraudulent labor recruiters criminally accountable.
The government increased law enforcement efforts. The Combating of Trafficking in Persons Act of 2018 criminalized sex trafficking and labor trafficking and prescribed penalties of up to 30 years’ imprisonment, a fine not exceeding 1 million Namibian dollars ($54,268), or both. These penalties were sufficiently stringent and, with respect to sex trafficking, commensurate with punishments prescribed for other serious crimes, such as kidnapping.
The government initiated seven trafficking investigations involving 23 suspects (two for sex trafficking, two for labor trafficking, and three for unspecified forms of trafficking). The government reported continuing 12 investigations involving 17 suspects from previous reporting periods (one sex trafficking case and 11 labor trafficking cases). The government prosecuted 20 defendants in five cases (two for sex trafficking, one for labor trafficking, and two for unspecified forms of trafficking). The government reported ongoing prosecutions of 30 defendants in 12 cases from previous reporting periods (seven for sex trafficking and five for labor trafficking). The government reported that courts convicted four defendants for unspecified forms of trafficking under the 2018 anti-trafficking law. The government reported four traffickers were sentenced to six years’ imprisonment. This compared with media reports that the government initiated two trafficking investigations and prosecuted and convicted two traffickers in the previous reporting period. Observers reported law enforcement lacked the necessary resources to effectively investigate complex trafficking cases. The government did not report any prosecutions or convictions of government officials complicit in human trafficking crimes; however, corruption and official complicity in trafficking crimes remained concerns, inhibiting law enforcement action. Officials investigated two allegedly complicit officials for facilitating the deportation of two trafficking victims; the case remained pending investigation at the end of the reporting period. In a notable case, the government arrested members of a People’s Republic of China-led transnational crime syndicate, which recruited and exploited Namibian students and unemployed youth in labor trafficking in a crypto currency scam.
The Namibian Police Force (NAMPOL) had a trafficking in persons unit at the national level to investigate trafficking crimes; however, the unit only covered the Khomas region and authorities reported gaps in effective law enforcement coverage of all other jurisdictions. Specialized prosecutors within the Office of the Prosecutor General’s Sexual Offenses Unit prosecuted all trafficking cases in the High Court and worked closely with prosecutors on cases indicted outside of the High Court. The Magistrate’s Court was required to first hear human trafficking cases before determining if the case warranted elevation to the High Court. Additionally, a special children’s court at Katutura Magistrate’s Court heard child trafficking cases. The government, in partnership with international organizations, reported it conducted anti-trafficking trainings for criminal justice and social welfare professionals and trainings on implementing the Combatting Trafficking in Persons Act of 2018, the NAP, and its SOPs. The government cooperated with foreign counterparts on trafficking investigations. The government established a new coordination arrangement with Zambia to enhance law enforcement coordination on trafficking cases. The government used its agreement for mutual legal assistance with the Government of Angola to investigate cross-border trafficking cases and maintained bilateral law enforcement cooperation agreements with the governments of Zimbabwe, Malawi, and Angola. However, sources reported the government’s utilization of existing bilateral law enforcement cooperation agreements was limited.
The government slightly increased protection efforts. The government reported identifying and referring to care 69 trafficking victims (two for sex trafficking, 55 for forced labor, and 12 for unspecified forms of trafficking). Seventeen of the victims were foreign nationals from Angola, Zimbabwe, and Ethiopia. This compared with media and an international organization reporting that the government identified 83 trafficking victims in the previous reporting period. The government previously collaborated with international organizations to identify and repatriate some Namibian trafficking victims in Oman; the government did not report providing support to these victims during the reporting period, and 10 victims awaited repatriation to Namibia at the end of the reporting period.
The government had SOPs for victim identification and a NRM for referral and provision of services. As reported in previous years, police and immigration officials used anti-trafficking pocket manuals outlining the SOPs and NRM. Observers continued to report that some government and civil society front-line responders lacked full awareness and understanding of their roles within the SOPs and NRM. In practice, labor inspectors and immigration officials contacted NAMPOL when they identified a potential trafficking victim; however, the government did not report any referrals from labor inspectors or immigration officials during the reporting period. The government reported screening individuals in commercial sex for trafficking indicators; however, authorities did not screen other vulnerable populations and may have detained and deported some unidentified trafficking victims. During the previous reporting period, authorities inappropriately penalized victims of trafficking for immigration offenses committed as a direct result of being trafficked; the government reportedly arrested, fined, and deported Bangladeshi nationals identified by law enforcement as potential trafficking victims.
The government and NGOs could jointly provide shelter, psycho-social services, medical care, and provision of other basic needs to victims of trafficking, GBV, and violence against children. The government reported it referred the 69 trafficking victims to counselling services provided by the government, government-supported NGOs, or international organizations. The government and an international organization repatriated some foreign national victims. The government reported eight government-operated shelters were available to assist victims of crime, including trafficking. Three NGO shelters could provide care for men, women, and children, although observers noted it was sometimes difficult to find shelter for male victims. The government reported allocating 2.5 million Namibian dollars ($135,670) for victim protection and assistance, including for NGO-operated shelters, compared to no funding allocated in the previous reporting period. The government could place child victims in government-operated residential childcare facilities and provide access to education. Government and NGO shelter staff did not permit victims, including adults, to leave the premises unaccompanied. Foreign victims could access the same services as domestic victims; however, sources reported foreign victims were required to stay at shelters and did not have freedom of movement. Seventeen GBV protection units nationwide offered initial psycho-social, legal, and medical support to victims of crime, including trafficking, in coordination with the police, the Ministry of Gender Equality, Poverty Eradication, and Social Welfare (MGEPESW), the Ministry of Health and Social Services, and NGOs. Adult victims could seek employment and work while receiving assistance.
The government provided some support to victims who assisted in the investigation or prosecution of trafficking cases. The government reported 68 victims assisted law enforcement with investigations and prosecutions. Authorities did not condition access to victim services on cooperation with law enforcement. The government could provide transportation and witness protection to victims. The government could also assign victim advocates and allowed victims to testify in rooms separate from the courtroom when possible. Foreign victims could obtain temporary residence visas during legal proceedings, but the government did not report if any foreign victims received visas during the reporting period. The law allowed victims to obtain restitution and file civil suits against their traffickers; however, no victims to date have received restitution. The government did not maintain a victim compensation fund.
The government increased overall prevention efforts. In July 2023, the government adopted and launched a revised 2023-2027 NAP on Combating Trafficking in Persons to enhance government coordination, protection, and prevention efforts. The government allocated N$1,000,000 ($54,268) for NAP implementation. The MGEPESW conducted training sessions on the NAP for relevant stakeholders and commemorated World Day against Trafficking in Persons by announcing the new NAP. The National Coordinating Body (NCB), chaired by the MGEPESW, coordinated the government’s anti-trafficking efforts and met regularly during the reporting period. The meetings focused, in part, on the details of specific cases to assess them against established procedures and guidelines. However, sources reported that not all major trafficking cases were addressed by the NCB in a timely manner. The government reported conducting public awareness raising through radio and television programming in partnership with an international organization and raising awareness among faith-based organizations. Awareness-raising materials were cost-free but only available in English; efforts were made to use images in posters representative of different ethnic groups in Namibia.
The government provided in-kind support to an NGO-operated hotline focused on child protection issues, including victims of trafficking; the hotline operated 24 hours a day. Authorities did not report identifying any trafficking victims from the hotline. The government continued to contribute information to a centralized anti-trafficking database that collected national data on trafficking cases and victims identified and shared it with countries in the region. The Ministry of Labor, Industrial Relations, and Employment Creation (MLIREC) was responsible for conducting routine labor, occupational health and safety inspections, and enforcing laws against child labor. The law outlined regulations for recruitment agencies and banned employee-paid recruitment fees. The MLIREC oversaw recruitment agency licensing and managed a database registering job seekers, coordinating overseas job placements, and monitoring employees’ arrival in their intended destinations. The government did not report initiating investigations into fraudulent recruitment. The government did not make efforts to reduce the demand for commercial sex acts. The government did not provide anti-trafficking training to its diplomatic personnel.
As reported over the past five years, human traffickers exploit domestic and foreign victims in Namibia, and traffickers exploit victims from Namibia abroad. Some victims are initially offered legitimate work by recruiters for adequate wages, but then traffickers subject them to forced labor in urban centers and on commercial farms. Traffickers subject Namibian children to sex trafficking and forced labor in agriculture, cattle herding, and domestic service. Following the influx of thousands of Angolan migrants fleeing severe drought in southeastern Angola, Namibians increasingly employ Angolan children as domestic workers and cattle herders, increasing their vulnerability to exploitation. An international organization assessed that more than 1,250 Angolan children live in informal settlements in Namibia. Traffickers bring children from Angola and neighboring countries and subject them to sex trafficking and forced labor, particularly in agriculture, cattle herding, domestic servitude, street vending in Windhoek and other urban centers, and in the fishing industry. Zambian children working as cattle herders in Namibia may be subjected to forced labor. Namibians commonly care for children of distant relatives to provide expanded educational opportunities; however, in some instances, traffickers exploit these children in forced labor. Among Namibia’s ethnic groups, San and OvaZemba children are particularly vulnerable to forced labor on farms or in homes. Traffickers exploit individuals from Angola, Kenya, Zambia, Zimbabwe, and South Africa in sex trafficking and forced labor in Namibia. Traffickers transport potential victims through Namibia on their way to South Africa.
Namibia’s desert environment, severe droughts and flooding make the country vulnerable to climate change, which compounds vulnerabilities to sex trafficking and forced labor as Namibia faces food shortages due to insufficient rain and extreme heat. An international organization estimated 25 percent of Namibians are food insecure, and sources report vulnerable children being coerced into sex trafficking in exchange for food. Sources reported HIV and AIDS orphans and other vulnerable children are vulnerable to sex trafficking due to economic hardship and lack of support services.
Osire Refugee Camp in central Namibia has a population of over 7,000 individuals, including more than 3,000 children, with the vast majority from the Democratic Republic of the Congo. Residents in the camp experience critical food shortages, which contributes to increased reports of sex trafficking, including children as young as 12. Sources reported children in the camp exploited in sex trafficking did not receive proper protection services.
High levels of unemployment among young adults raises their vulnerability to trafficking. An NGO noted an increase in exploitation of Namibians seeking economic opportunities abroad and an increase in labor trafficking of adult male victims in Namibia’s fishing and agricultural sectors. Traffickers increasingly use social media to advertise false jobs and groom potential victims, including children. Media sources reported in August 2023 that 20,000 children in Namibia were victims of online sexual exploitation and abuse, which may have included trafficking crimes. Cuban government-affiliated medical professionals working in Namibia may have been forced to work by the Cuban government.