Section 3 (1) (2) provides for the prohibition and restriction of child labour whilst
Section 4 (1) (2) of the Act provides for the prohibition of forced labour. Both Section
3 (6) and 4 (3) provide for the punishment and remedies a court can apply if a
person is found guilty of the offence.
In terms of international instruments, Namibia has ratified the following
International Labour Standards:
Forced Labour Convention, 1930 (Convention no. 29);
Abolition of Forced labour Convention, 1957 (convention no. 105);
Minimum age convention (convention no. 138)
Worst forms of child labour Convention, 1999 (no. 182)
Any person who alleges that his/her fundamental rights are infringed can
approach the Labour Commissioner or the Labour Court for an appropriate relief.
The Labour Act prescribes imposition of fines if a person is convicted of any offence.
A convicted person is liable for a fine not exceeding N$20 000 or imprisonment not
exceeding four years or both fine and imprisonment.
xx. Incorporate in its next Periodic Report, all legislative and other measures
taken to give effect to the provisions of the Maputo Protocol, by complying
with the Guidelines adopted by the African Commission to that effect;
IN RESPONSE
The information regarding legislative and administrative measure which are in
place to give effect to the provisions of the Maputo Protocol is provided in PART
THREE (paragraph 33) of the report.
xxi. Inform the African Commission, on its next Periodic Report, due in April
2013, of the measures it has taken to address the areas of concern, and also
to implement the recommendations included in the Concluding Observations.
IN RESPONSE
Some of the information regarding measures to address areas of concern which
were highlighted by the Commission after the last report has been provided in the
responses to the concluding observations as reflected in the paragraphs above.
(Xi) The report continues to make use of the term civilizing in relation to
indigenous population in spite of the fact that the African Commission
has consistently emphasized that such a term is derogatory.
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