| The State Department web site below is a permanent electronic archive of information released prior to January 20, 2001. Please see www.state.gov for material released since President George W. Bush took office on that date. This site is not updated so external links may no longer function. Contact us with any questions about finding information. NOTE: External links to other Internet sites should not be construed as an endorsement of the views contained therein. |
TITLE: NAMIBIA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
NAMIBIA
Namibia is a functioning multiparty, multiracial democracy,
whose Constitution contains an entrenched bill of rights
providing for freedom of speech, press, assembly, association,
and religion. The Government is headed by President Sam
Nujoma, leader of the South West Africa People's Organization
(SWAPO), which won Namibia's first free elections in November
1989. While SWAPO enjoys majority control in both houses of
Parliament, the multiparty opposition exercises its
responsibilities freely and vigorously.
The main security force is the Namibian Defence Force (NDF),
comprising former troops of the People's Liberation Army of
Namibia (PLAN--SWAPO's military wing) and the South West
African Territorial Force (SWATF) that battled each other prior
to independence. NDF and police members were accused, and in
some cases convicted, of crimes against civilians during the
year.
The Namibian economy has two major components--a modern market
sector that produces most of its wealth and a traditional
subsistence agricultural sector (mainly in the north) that
supports most of its labor force. Mining, ranching, and
fishing, the mainstays of the market sector, are still largely
controlled by white Namibian businessmen. The Government
continued to stress the leading role of the private sector and
encouraged new investments by indigenous and foreign
entrepreneurs on the basis of the investment code adopted in
December 1990.
Namibians enjoy a wide range of civil, political, and economic
liberties. Controversy continued, however, over SWAPO's
incomplete accounting for missing detainees formerly held in
Angola and Zambia during the preindependence period. The
Government's restrictive policies on refugees and the alleged
forced deportations of asylum seekers were also criticized.
Preindependence problems of racial discrimination and
disparities--especially in education, health, employment, and
working conditions--continued in 1993, despite efforts by
Government to reduce inequities. While the Constitution
prohibits discrimination based on race and other factors, a
number of apartheid-based laws related to areas such as
property, business, and labor, dating from before independence,
have not yet been repealed or replaced and remain valid.
Limited measures were taken to try to reduce societal violence
and other discrimination against women, but serious inequities
remained. A number of police and defense force members were
charged, convicted, and dismissed from service for criminal
offenses against civilians, including murder, assault, and
theft but there continued to be instances of such abuses.
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 reports of political or other extrajudicial
killings during 1993. Several cases of political killings
which occurred prior to independence, including that of SWAPO
activist Anton Lubowski, who was assassinated in Windhoek in
September 1989, remained unsolved. The confidential police
investigation into Lubowski's killing, completed in May 1993,
was passed to the magistrate's court for inquest proceedings,
which had not taken place by year's end. A local newspaper
alleged, however, that high-ranking officials of the
preindependence police and military forces planned his
killing. The officers named in the allegation have brought
court action against the newspaper under libel laws.
b. Disappearance
There were no reports of disappearances occurring during 1993.
Nevertheless, attention continued to be focused on the
disappearances of persons detained by SWAPO prior to
independence. The number of SWAPO detainees still unaccounted
for ranges from 154 to 256. Controversy surrounding this issue
is likely to continue until the Government conducts and
releases the results of a full investigation.
In June the International Committee of the Red Cross (ICRC)
issued its final report on its tracing efforts, which ran from
November 1991 to April 1993. The ICRC noted that SWAPO
responded to only a small fraction of the ICRC's inquiries
during that period and urged family members to approach SWAPO
directly for additional information.
Another outstanding issue is whether persons deemed responsible
for past human rights abuses would be held legally accountable
and whether current government officials credibly linked to
serious human rights abuses in the preindependence period
should be permitted to remain in office.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution states that "no persons shall be subject to
torture or to cruel, inhuman, or degrading treatment or
punishment." However, there were over 20 allegations of
torture or other abusive treatment by police and security
forces during 1993. These incidents were all highly publicized
locally.
Controversy erupted in March when Simon Ananias, a NDF member
convicted of the murder of a 10-year-old boy in Rehoboth in
1990, was released under a presidential pardon. Ananias had
served only 4 months of a 10-year sentence at the time of the
pardon. Opposition political parties and the press criticized
the fact that of over 500 prisoners released at the same time,
Ananias was the only one convicted of a violent crime.
In April a former SWAPO detainee alleged that he was stopped by
a joint police/NDF patrol in Windhoek after his vehicle ran out
of gas. The individual alleged he was singled out for
questioning after being recognized as a former detainee, forced
into a police van, blindfolded, and taken to an unknown
location, where he was severely beaten and interrogated about
his loyalties to the SWAPO Party. He was detained in the city
jail overnight on drunk driving charges before being released
the following day. The individual subsequently filed charges
against the police and the NDF and is being represented by the
Legal Assistance Centre (LAC). Senior government officials
claimed, however, that the individual's injuries were sustained
in an ongoing altercation at the time of police arrival. The
case was pending in the courts as the year ended.
In another case, three NDF members carried out the unprovoked
beating of a farming couple near the northern town of Outjo in
late June, using a tire iron and empty bottle. The three
soldiers were arrested and charged with assault by the civilian
courts. The case had not yet come to court by the end of the
year.
In September a female refugee at the Osire camp formally
charged a police official with assault, torture, and degrading
treatment. She also alleged that at least two police and camp
officials knew of male refugees raping women in the camps and
allowed the crimes to continue unabated and without official
intervention. The National Society for Human Rights (NSHR)
agreed to press her case in court. She has since left Namibia,
and court authorities are unable to prosecute the case without
her participation. Other refugees also said they were
reluctant to report cases of mistreatment by police and camp
officials because they feared alleged "troublemakers" would be
arbitrarily deported.
d. Arbitrary Arrest, Detention, or Exile
The Constitution forbids arbitrary arrest or detention, and the
Government has generally respected these provisions. 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 are entitled to defense by a legal counsel of their
choice; the state provides a lawyer for the indigent.
Some traditional leaders, however, reportedly continued to
detain and imprison persons accused of minor offenses without
recourse to police or judicial review. The Government
repeatedly condemned these actions and called upon the public
to report such practices to the authorities. It also undertook
to train traditional leaders in the constitutional exercise of
their powers.
There were no reports of Namibians being exiled for political
reasons in 1993.
e. Denial of Fair Public Trial
Namibia has an independent judiciary. Under the Constitution
all citizens have the right to a fair trial, and this right is
afforded in practice. Namibia has retained the Roman-Dutch
court system it inherited from South Africa, while also
maintaining a traditional court system. The formal system has
three levels: magistrate's court, the High Court, and the
Supreme Court. The last also serves as the court of appeals
and as a constitutional review court. The tenure of sitting
judges was not affected by the 1990 change of government.
Traditional courts have long dealt with minor criminal
offenses, such as petty theft and infractions of local customs,
among members of the same ethnic group. A special presidential
commission, created in 1991 to make recommendations on the
prospective jurisdiction of traditional courts, presented its
findings to the President in April. It concluded that
traditional cultural practices and structures should be
maintained, provided they were consistent with constitutional
protections and existing laws. Enabling legislation was
drafted in late 1993 with respect to the powers, duties, and
functions of traditional leaders, and the establishment of
"community courts" to bridge the existing gap between
traditional and magistrates' courts. This legislation had not
yet been presented to Parliament as the year ended.
The Constitution provides guarantees that persons claiming that
their fundamental rights have been violated may seek redress in
court and request free legal advice from the ombudsman. The
lack of sufficient, qualified magistrates, however, continued
to exacerbate the backlog of cases awaiting trial. Other
delays resulted from the lack of legal counsel--fewer than 100
lawyers were engaged in private practice in Namibia in 1993;
fewer than 10 of these were black. The Government appointed
the first public defender in July and provided renewed funding
under its legal aid scheme to permit indigent defendants equal
access to legal representation. During the year, the
Government, in conjunction with the University of Namibia, also
established a "Justice Training Centre," which is to provide
additional legal training to magistrates and community court
officials.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution provides all citizens with the right to
privacy and requires arresting officers to secure a judicial
warrant for certain listed offenses before conducting a
search. These rights were respected in practice.
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 states that these rights may not be suspended except in
time of war or during a state of emergency. In practice, these
freedoms are respected.
The government-owned Namibian Broadcasting Corporation (NBC)
operates virtually all radio and television services. A
broadly representative government-appointed board sets policy
for the NBC. Although the NBC routinely gave prominent
coverage to the activities of government officials, it also
provided significant coverage to the opposition and viewpoints
critical of the Government. During the year, an independent
media board was established to review applications and award
radio and television licenses to private companies. One such
"community radio station" was established in Windhoek in 1993
and began broadcasting. Print journalism in Namibia remained
free and vigorous. During the year, four dailies, two
biweeklies, and three weekly newspapers of general interest
were published. There was no apparent self-censorship by
journalists, aside from the constraints of libel and
pornography laws. There were no restrictions on academic
freedom.
b. Freedom of Assembly and Association
The Constitution provides for freedom of assembly and
association. During 1993, various organizations, including
political parties and religious groups, held large meetings and
public gatherings without interference. Police permits are
required for large, publicized public gatherings, and there was
no indication that any such permit requests were denied. Other
spontaneous public gatherings, including protests to local
governments over inadequate police protection against
criminals, particularly thieves and cattle rustlers, took place
without incident.
c. Freedom of Religion
There is no state religion and no restrictions on the
activities of particular religious groups or on foreign clergy
members.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
The Constitution guarantees the rights to move freely
throughout Namibia, to reside and settle in any part of the
country, and to leave and return. These rights are respected
in practice. Nevertheless, the local press, local
nongovernmental organizations (NGO's), and opposition political
parties repeatedly criticized the Government's handling of
citizenship and refugee issues.
Much of the criticism focused on the lack of a consistent
refugee or asylum policy. At midyear, the Cabinet recommended
that the Government accede to the 1951 U.N. Convention Relating
to the Status of Refugees and the 1967 Protocol, and the 1969
Organization of African Unity (OAU) Convention, as had been
urged by the U.N. High Commissioner for Refugees (UNHCR) and
local human rights organizations. Legislation to this effect
is expected to be considered in Parliament for debate and
enactment in early 1994. The Government expressed prior
reservations, however, over Article 26 of the 1951 Convention
(concerning freedom of movement and residence). Such
reservations effectively kept virtually all refugees, including
519 of the total of 569 recognized by both the Government and
UNHCR, at the Osire refugee camp, located in a remote area some
120 miles northeast of Windhoek. Refugees are prohibited from
working outside the refugee camp. Those discovered to be
working were arrested for immigration violations. The only
exception to the requirement to reside at Osire involved
beneficiaries of UNHCR scholarships, who could reside and study
at the University of Namibia in Windhoek.
The NSHR and opposition political parties alleged that a number
of persons seeking refugee status were deported or jailed under
ordinary immigration law upon their arrival in Namibia. These
reports, involving as many as 100 people, could not be
independently substantiated. An interministerial government
committee reviews refugee and asylum claims on a case-by-case
basis. Between January and September 1993, this committee
reviewed 67 cases, and 5 candidates had been accepted as
refugees. Six cases were denied, while 56 were still pending
final determinations in late 1993.
Opposition parties accused the security forces of abducting
several dozen Namibian citizens and residents and delivering
them to Angola for conscription into that country's armed
forces. The Government stated that only undocumented Angolan
nationals were involved, all of whom had agreed to return to
Angola. Because the Angola/Namibia border is relatively open
and arbitrarily divides several ethnic groups, there is often
confusion as to who is "Angolan" and who is "Namibian".
Repatriation from Botswana of the descendants of Herero
speakers who fled Namibia during the 1904-07 war against the
Germans commenced in mid-1993. Approximately 1,600 persons had
entered the country by mid-September. Under this program,
several thousand persons may ultimately resettle in Namibia
with government assistance and obtain Namibian citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
The Constitution stipulates the right of citizens to change
their government, and this right is enjoyed in practice. All
adult Namibians are able to participate in the political
process.
The Constitution established a bicameral Parliament and
provides for free general elections by secret ballot every 5
years and regional elections every 2 years. National elections
held in 1989 and 1992 were characterized as generally free and
fair.
Seven political parties are represented in the National
Assembly. The SWAPO-led Government has 45 of the 78 seats and
the Democratic Turnhalle Alliance (DTA), the major opposition
party, holds 21 seats. Five small parties are also
represented. The DTA, together with the other non-SWAPO
parties in Parliament, can block constitutional changes, which
require a two-thirds majority of all members. The National
Council, the upper house of Parliament, consists of 19 SWAPO
members and 7 DTA representatives.
Women have become increasingly involved in the political
process. Three women hold positions at the cabinet or
subcabinet level. Several women hold seats in the Parliament.
Women's groups are active in civic and political activities.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
Local organizations such as the National Society for Human
Rights (NSHR) and the Legal Assistance Centre (LAC) operated
freely, criticizing the Government's handling of the SWAPO
detainee issue, the treatment of refugees, misconduct by
members of the police and defense forces, and other matters.
The LAC, which also focused on legal education and women's
rights, continued to work with the Ministry of Education and
Culture in developing a constitutional curriculum for schools
and offered lectures on human rights issues for police cadets
and defense force trainees.
International human rights organizations were free to travel to
Namibia and discuss human rights issues with governmental and
nongovernmental representatives.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
Women's rights are protected by the Constitution, but
discrimination against women, stemming from pervasive cultural
and traditional practices of all races, persisted. Several
women's groups continued to seek an end to these inequalities
and took particular exception to the fact that men are not
required to provide economic support for their children in case
of divorce, resulting in many indigent single mothers.
Government leaders were sympathetic but had not introduced
necessary amending legislation in Parliament by year's end.
During 1993, the traditional leaders of several indigenous
ethnic groups stated that they would honor a nonbinding
parliamentary resolution condemning the traditional practice of
family members confiscating property and other assets of
deceased men from their widows and children.
Nevertheless, residual inequalities in the law and in education
and employment opportunities continued. For example, a woman
is considered a ward of her father until she marries, at which
time she becomes a ward of her 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. Under existing community property laws,
married women of all groups are defined as legal minors and
need written consent of the husband before they may legally
acquire or purchase property or enter into a legal contract.
Women were not barred from pursuing higher education but, due
to prevailing social norms, remained primarily in the clerical,
secretarial work, teaching, medical, and domestic service
fields.
Violence against women remained widespread, particularly
physical beating and rape. Because of traditional attitudes
regarding the subordination of women, many cases of spousal
assault were not reported to the authorities. Women's groups
and other women's rights advocates claim that police do not
seriously pursue cases of spousal rape and assault, stating
that they preferred not to interfere in domestic disputes.
These groups also noted that prosecutions of and convictions
for rape are rare. In September a man was sentenced to 5
years' imprisonment for murdering his common-law wife. In the
widely publicized verdict, the judge said a wife was not her
husband's property. In July the Namibian police opened a Women
and Child Abuse Centre in Windhoek, with specially trained
female officers to assist victims of sexual assaults.
Children
Children's rights are enumerated and guaranteed in Article 15
of the Constitution. In practice, the Government has committed
as many resources as its limited means allow for the protection
of children's welfare. In 1993 the Government allocated 29
percent of its total budget (approximately $250 million) to
education and other significant amounts to health and school
feeding programs.
The police and courts vigorously prosecuted cases involving
crimes against children, particularly rape and incest. These
issues were also discussed in printed material given wide
distribution in Namibian schools. The Women and Child Abuse
Centre" (see above) also assisted in reducing the trauma
suffered by abused children and in training police officials to
handle this problem sensitively.
Indigenous People
The Government continued to promote the civil, political, and
economic rights of the indigenous majority of Namibians, who
were deprived of land and many other rights during the recently
ended colonial era. It has implemented affirmative action and
other programs to provide equal education and employment
opportunities to all of its citizens. The San people,
Namibia's earliest inhabitants, have also been traditionally
exploited by other indigenous ethnic groups. The Government
has endorsed the San's rights to land and traditional land-use
patterns and supported the first regional meeting of Southern
Africa's indigenous San, held in 1993. The Ministry of
Education and Culture also worked with the Nyae Nyae
Development Foundation, a local NGO, to ensure that primary
school teaching materials took San cultural sensitivities into
account.
During 1993, the Government (encouraged by members of the
indigenous majority) also confirmed the principle that
indigenous traditional cultural practices, including the
dispensation of justice, allocation of communally held lands,
and selection of leaders, were permissible, provided they were
not in conflict with the country's Constitution. Nonetheless,
many indigenous Namibians were unprepared to exercise fully
their civil and political rights as a result of their
historically minimal access to education and economic
opportunities under South African rule, coupled with their
relative isolation in remote farming areas.
National/Racial/Ethnic Minorities
The Constitution prohibits discrimination based on race and
other factors and specifically prohibits "the practice and
ideology of apartheid." As a result of many years of South
African administration, racial and ethnic discrimination were
institutionalized in Namibian society and racial discrimination
continues. Many apartheid-based statutes which predate
Namibia's independence remain valid until repealed or replaced
by the Parliament. Nonwhites complained that the Government
was not moving quickly enough to mitigate the continuing and
serious inequalities in education, health, housing, employment,
and use of public accommodations.
Although several racial and ethnic groups charged the
Government with bias toward the numerically dominant Ovambo
ethnic group, these claims could not be objectively
substantiated. Some Afrikaans speakers alleged that the
Government's policy of using English as the medium of
instruction in schools violated their "cultural rights." In
addition, leaders of the "Baster" community in Rehoboth alleged
that the Government had unconstitutionally appropriated
communal lands at independence. These charges were pursued
through the courts, which had not yet rendered decisions as of
late in the year.
People with Disabilities
There were no reports of official discrimination on the basis
of disability. With limited financial resources, the
Government attempted to provide the disabled with treatment and
education. Several local NGO's also were active in helping the
disabled to become more socially and economically self-
sufficient. Although the Government did not require special
access to public buildings for the disabled, some municipal
governments, including those of Windhoek and Swakopmund, have
installed ramps and special curbing at street crossings for the
disabled.
Section 6 Worker Rights
a. The Right of Association
Namibia's Constitution provides for freedom of association,
including freedom to form and join trade unions, a right that
was extended to public servants, farm workers, and domestic
employees under a comprehensive labor law. Trade unions have
no difficulty registering, and there are no government
restrictions on who serves as a union official. No union has
been dissolved by government action.
Unions are independent of government and may form federations
and confederations, of which two are significant. The
principal trade union organization is the National Union of
Namibian Workers (NUNW), a SWAPO-aligned federation of 7
industrial unions with 70,000 members. Most workers in the
mining industry, the country's key export sector, are members
of the NUNW-affiliated Mineworkers Union of Namibia (MUN). The
principal public service and construction unions are affiliates
of the Namibia People's Social Movement (NPSM), formerly known
as the Namibian Christian Social Trade Unions Confederation.
There are also several independent trade unions. The bulk of
the trade union movement maintains close affiliation to SWAPO
and the Government. Several prominent NUNW officials serve on
SWAPO's Central Committee, and union leaders have served in the
National Assembly. The NPSM and other independent unions claim
to be nonpartisan and in practice confine their activities to
labor-management relations. Roughly half of the wage sector is
organized to some degree, although many workers within this
group are only employed part-time. Less than 20 percent of
those wage earners employed full-time are organized, and few
rural laborers are organized.
Namibian workers, except for those providing essential services
(e.g., jobs related to public health and safety), enjoy the
right to strike, once conciliation procedures have been
exhausted. The Labor Act extended the right to strike to
public servants, farm workers, and domestics. Under the Act,
strike action can only be used in disputes involving worker
interests, such as pay raises.
Disputes over worker rights, including dismissals, must be
referred to the Labor Court (which has yet to be established)
for arbitration. The Labor Act also led to the creation of the
Office of the Labor Commissioner, which mediates nonjudicial
solutions to labor disputes arising among workers, employers,
and government.
Legally striking workers also gained protection from unfair
dismissal under the Labor Act. An "unfair dismissal" is
defined as one in which a "valid or fair reason" for
termination or dismissal is "not in compliance with fair
procedure." Because by year's end no one had yet challenged a
dismissal as unfair under the law, it is unclear what "unfair"
means in practice. Since independence, work stoppages over
pay, dismissal, and pension issues have been relatively common,
with most actions lasting 1 day or less. Job actions of this
type have occurred less frequently within the past year.
However, in November Namibia witnessed its longest strike since
independence, the 2-week work stoppage at Consolidated Diamond
Mines (CDM) in Oranjemund.
The strike began on November 15 after negotiations between CDM
management and the Mineworkers' Union of Namibia (MUN) over an
increase in pay ended in stalemate. Initially, CDM offered an
8.5 percent basic increase, while the MUN had demanded 15
percent. From the outset, the work stoppage was acrimonious,
and there were several reported injuries on the picket lines
when nonunion CDM workers and the striking mine workers
confronted each other. Several days into the strike,
negotiations stalled as charges of "illegal picketing" and
"assault" were raised by CDM, while the union contended that
the mine was hiring on a new, "strike breaking" work force.
CDM also insisted that its workers in essential services be
allowed to cross picket lines. From the mine's perspective,
essential services included such areas as public health and
safety, food preparation, and basic operation of the mine's
infrastructure and utilities. The union countered that
management's definition of "essential" was too encompassing,
although the two sides ultimately compromised. The strike,
which involved 3,500 workers and idled 5 on-shore mining
facilities, was finally settled on November 29, when the
parties agreed to a 10-percent wage increase for union members.
The work stoppage was costly for all concerned, in terms of
lost profits, wages, and revenue to the Government. Yet in
spite of the apparent costs, the protracted strike was viewed
by many as a major test case for the interpretation of
Namibia's 1992 Labor Act. These sentiments were summed up by
one union leader as follows: "It seems that the (Labor) Act has
got a lot of loopholes. On face value, the Act appears to
favor the union but in practice it does not, nor does it favor
the company." Labor Ministry officials announced in late
December that the Government will introduce legislation in 1994
to clarify certain provisions of the Labor Act, particularly
those relating to overtime and essential services.
Trade unions are free to exchange visits with foreign trade
unions and to affiliate with international trade union
organizations. The unions have exercised this freedom without
interference.
b. The Right to Organize and Bargain Collectively
The 1992 Labor Act guarantees employees the right to bargain
individually or collectively. Collective bargaining is not
widely practiced outside the mining and construction
industries; wages are usually set by employers. As unions
become more active, however, informal collective bargaining is
becoming more common.
The Labor Act provides a process for employer recognition of
trade unions and protection for members and organizers. The
law also empowers the Labor Court to remedy unfair labor
practices and explicitly forbids unfair dismissals, which can
also be brought on appeal to the Labor Court.
When a dispute cannot be resolved directly, the first recourse
is to a conciliation board, with a mediator and representatives
from both sides. The Office of the Labor Commissioner plays an
integral role. Conciliation boards have been used mostly in
wage disputes and, to a lesser extent, to negotiate working
conditions, overtime hours, and reinstatements of dismissed
employees. In almost all cases in which conciliation boards
have been convened, the disputes were settled.
If, however, agreement cannot be reached via the current
conciliation board route, the aggrieved parties have the option
to strike, stage a brief protest walkout, or return to work (or
continue to seek a solution via the conciliation board).
Furthermore, the (current) law is not clear on what the parties
in a dispute should do in instances in which they are not
granted access to a conciliation board by the Labor
Commissioner. The Government is considering district labor
courts as an alternate venue for the resolution of disputes.
Yet, even with the new Act, business-labor relations remain,
for the most part, strained. The unions appear to have little
effective control over the mass of semiorganized, mostly black,
urban unskilled workers, who are frustrated with the vestiges
of the apartheid system which remain from the preindependence
period.
The only export processing zone (EPZ) is located in Arandis,
where special tax incentives are available for export-oriented
industrial developments. The Government has no plans to
suspend the provisions of the Labor Act in the EPZ as a means
of attracting foreign investment.
c. Prohibition of Forced or Compulsory Labor
Forced labor is prohibited by law. Although there were no
formal complaints filed with the Ministry of Labor in 1993,
there were continuing reports that farm workers sometimes
receive inadequate compensation for their labor and are subject
to strict control by farm owners. There were also reports in
previous years of some farm workers being subjected to physical
punishment by their employers. Farm workers experienced great
difficulties in gaining recognition of their working rights,
due to the isolation of many rural areas and the resulting
obstacles to organizing trade unions. Moreover, it is
sometimes difficult for Ministry of Labor inspectors to gain
access to Namibia's expansive, privately owned commercial farms
in order to document possible Labor Code violations.
There have also been reports that Namibian crews on fishing
vessels have been required to work excessive hours without
proper compensation or time off.
d. Minimum Age of Employment for Children
Under the 1992 Labor Act, the absolute minimum age for
employment was 14 years, with higher requirements for certain
sectors, such as 16 years for mining, manufacturing, and
construction, 17 for underground work, and 18 for night work.
Age regulations under previous legislation were generally
enforced. However, children below the age of 14 often work on
family and commercial farms and in the informal sector. Boys
in the rural areas traditionally start herding livestock at age
7. The Labor Act empowers Ministry of Labor inspectors to
enforce the prohibitions on child labor. Once they become
established, the labor courts will be able to hear criminal
charges against violators.
e. Acceptable Conditions of Work
There is no statutory minimum wage law in Namibia. The Labor
Act provides for wage commissions to consider proposals for
sectoral or geographical minimum wages. Unskilled workers in
the relatively well-paid mining sector earn about twice the
amount earned by urban unskilled laborers. Domestic workers
earn much less. In Windhoek's nonwhite townships, workers and
their families have difficulty maintaining a minimally decent
standard of living. White Namibians earn significantly more on
average than their black compatriots, in large part because
whites own most of the country's productive resources and had
preferential access to education that enabled them to take
advantage of the skilled labor shortage. Moreover, under the
preindependence apartheid system, even qualified nonwhites were
often barred from skilled jobs or did not receive equal pay for
equal work. The Government is aggressively attempting to
address this problem through affirmative action hiring policies.
The standard legal workweek since independence was reduced from
46 to 45 hours, including at least one 24-hour rest period per
week. No more than 10 hours per week of overtime may be
required by an employer. The law mandates 24 consecutive days
of annual leave, at least 30 workdays of sick leave per year,
and 3 months of unpaid maternity leave. In practice, however,
these provisions are not yet rigorously observed or enforced.
Government-mandated occupational health and safety standards
are set by law, and the Labor Act empowers the President to
strengthen these standards by issuing applicable regulations
and enforce them through inspections and criminal penalties.
The Government has carried out a national survey of health and
safety standards but has yet to release any report or upgrade
standards. The law requires employers to ensure the health,
safety, and welfare of their employees and provides for the
right to remove oneself from dangerous work situations.
According to the Chamber of Mines, safety campaigns by the
mining companies have reduced the combined reportable injury
and fatality rate per 1,000 employees from 6.3 in 1980 to 3.5
in 1991. Although the MUN has frequently criticized Rossing
Uranium's safety record, the company has consistently received
high ratings from the British Safety Council and the
International Atomic Energy Agency. Overall, working
conditions remained poor for employees in agriculture.
[end of document]
Return
to 1993 Human Rights Practices report home page.
Return to DOSFAN
home page.
This is an official U.S. Government source
for information on the WWW. Inclusion of non-U.S. Government links
does not imply endorsement of contents.