Namibia: Information on Child Labor and Forced Labor in 2009

UNCLAS SECTION 01 OF 07 WINDHOEK 000114 SENSITIVE SIPDIS DRL/ILCSR FOR S MORGAN, G/TIP FOR LCDEBACA, AF/S FOR P GWYN, DOL/ILAB FOR LSTROTKAMP, RRIGBY, AND TMCCARTER E.O. 12958: N/A TAGS: ELAB EIND ETRD KTIP PHUM SOCI WA SUBJECT: Namibia: Information on Child Labor and Forced Labor in 2009 REF: SECSTATE 131997 1.(SBU) Summary. Per reftel request, Post submits responses regarding the use of forced labor and/or exploitive child labor in the production of goods in Namibia and government actions to address these issues. The worst forms of child labor are taking place in Namibia in the agriculture and livestock, domestic service, charcoal production and commercial sex industry sectors. The Government of Namibia (GRN) made significant strides in identifying cases of the worst forms of child labor and in issuing compliance orders to perpetrators. More training and resources are needed to support these efforts. End summary. -------------- Tasking 1/TVPRA -------------- ¶2. (SBU) 1A: Charcoal is the only good produced in Namibia in which exploitative labor practices are sometimes used. There was also anecdotal evidence that child labor occurs in the grape and fish industries, but Post came across no hard evidence. 1B: The worst forms of child labor are used in some charcoal production. 1C: Information on the use of child labor in charcoal production comes from the Ministry of Labor and Social Welfare, the Ministry of Gender Equality and Child Welfare, the Namibian Police, and independent academic and non-governmental researchers. Post confirms that these are credible sources. 1D: Narrative description: Child labor in the charcoal industry takes place on some commercial farms and on some family-owned farms. On commercial farms, children as young as 10 may accompany their parents to work and are encouraged to assist in all stages of charcoal production. In both instances, children may chop and collect wood, place the wood in a furnace, package the charcoal, and transport it to the market place. Thus, children are exposed to labor-intensive tasks as well as to the fumes from the furnace. In addition, children could be injured by fire or machetes. Children assisting in charcoal production may also miss the opportunity to attend school. 1E: In 2009, the GRN discovered 17 cases of children working in charcoal production. 1F: The GRN issued three compliance orders in 2009 to charcoal producers who used child labor and made subsequent inspections 30 days later. According to the Ministry of Labor, all three producers complied with the order to remove child laborers. -------------- Tasking 2/TDA -------------- ¶3. (SBU) 2A Prevalence and sectoral distribution: Evidence suggests that child labor is most prevalent in the agriculture and livestock, domestic service, charcoal production and commercial sex industry sectors. The GRN collected and published data on exploitative child labor in 2009. Post can provide DOL with a copy of the Child Labor Inspection (Investigation) Report that the GRN WINDHOEK 00000114 002 OF 007 undertook in 2009. Post can also provide a copy of the latest Child Activity Survey, which was conducted in 2005, but only finalized in 2009. Post can also obtain Namibia's National Plan to eliminate Child Labor of 2008. 2B Laws and regulations: During 2009, Namibia did not enact any new laws or regulations in regard to exploitive child labor. However, the Ministry of Gender Equality and Child Welfare embarked on an extensive consultation process-- with experts from both inside and outside the government-- to revise the Child Care and Protection Bill, part of which focuses on "the worst forms of child labor, including child trafficking and slavery, commercial sexual exploitation of children, children being used by adults to commit crime, and work which is likely to harm the health, safety or morals of children." Legal experts expect the bill to become law during 2010. Once this legislation is passed, Namibia's legal and regulatory framework should be adequate to address exploitative child labor. 2C Section 1- Hazardous child labor: ¶1. No single agency is responsible for the enforcement of laws relating to hazardous child labor. However, the Ministry of Labor and Social Welfare's Labor Inspectorate coordinated enforcement of the laws. The inspectorate's work was supported by the Namibian Police's Woman and Child Protection Unit, the Ministry of Gender Equality and Child Welfare, the Ministry of Agriculture, Water and Forestry, the Ministry of Education, and Regional Councils. ¶2. The only formal mechanism for exchanging information was the Participatory Advisory Committee on Child Labor (PACC),which consists of aforementioned government ministries, the labor unions, the Namibian Employers' Federation, UNICEF, and civil society. PACC was created in 2005, and it was supposed to meet monthly to assess progress made in implementing the Towards the Elimination of the Worst Forms of Child Labor (TECL) program. Post does not believe this group met as frequently as its mandate prescribed. Besides PACC, officials from the different institutions communicated with one another on an ad-hoc basis, which was not always effective. ¶3. Complaints about hazardous and forced child labor violations are made to the Deputy Director of the Labor Inspectorate in the Ministry of Labor and Social Welfare. No records were kept on the number of complaints received, but Post was informed that they averaged three per month. ¶4. For 2009, the Division of Labor Inspectorate received a budget of Namibian dollar (ND) 500,000 (USD 65,000) to cover all expenses, including operational activities, child labor investigations and forced adult labor investigations. Officials stated that the budget was inadequate: labor inspectors lacked vehicles and given Namibia's vast size, they could not effectively carry out their work. ¶5. Namibia has a population of close to two million people, and it covers an area of 823,145 sq. km (320,827 sq. mi). The government employed 36 labor inspectors, two of whom were dedicated to child labor inspections. These two specialists are based in Windhoek and cover the entire country. The number of labor inspectors was not adequate. ¶6. During 2009, the government initiated 3 random, three-week-long inspections. These inspections led the GRN to identify 88 instances of hazardous child labor. There were no inspections initiated by complaints from the public. The number and length of inspections was a significant improvement over those conducted in ¶2008. ¶7. Seventeen children found working on farms in Kavango were removed by labor inspectors and returned to their parents. In other instances, compliance orders demanding employers stop practicing child labor were issued. ¶8. No child labor cases or prosecutions were opened during the reporting period. ¶9. No child labor cases or prosecutions were resolved during the reporting period. ¶10. Labor inspectors found 145 violations-- including both hazardous child labor and forced child labor violations-- but WINDHOEK 00000114 003 OF 007 there were no convictions. Employers were issued compliance orders. ¶11. In theory it should take 30 days for the Ministry of Labor and Social Welfare to resolve a child labor case. Once a compliance order is served, an employer has 30 days to abide by it. In some instances, the Ministry did not follow up with the accused in 30 days, and in other cases, the Ministry did not follow up at all. It must be noted, there has yet to be a case of child labor that has led to a prosecution and a conviction. ¶12. According to the law, a person convicted of child labor is liable to a fine not exceeding ND 20,000 (USD 2,700),or to imprisonment for a period not exceeding four years, or to both. To date there have been no prosecutions or convictions. ¶13. Although the GRN has shown a commitment to combat exploitive child labor, competing demands and resource constraints, both human and financial, have limited efforts towards eliminating it. ¶14. The ILO, with support from the GRN, conducted training workshops in six of Namibia's 13 regions for investigators and officials responsible for enforcing child labor laws. For example, in December, police officials, social workers, and labor inspectors attended a two-week training focusing on the withdrawal and rehabilitation of child labor victims. 2C Section 2- Forced child labor: ¶1. See 2C Section 1 ¶2. See 2C Section 1 ¶3. The mechanism is the same as that described in 2C Section ¶1. The GRN does not break down the number of calls received into the categories of hazardous child labor versus forced child labor. ¶4. See 2C Section 1 ¶5. See 2C Section 1; inspectors working for the Division of Labor Inspectorate are expected to handle both hazardous child labor and forced child labor cases. ¶6. During 2009, the government initiated 3 random, three-week-long inspections. These inspections led the GRN to identify 57 instances of forced child labor (children on commercial farms were found in "very poor living conditions" and were not being properly compensated). There were no inspections initiated by complaints from the public. The number and length of inspections was a significant improvement over those conducted in ¶2008. ¶7. No children were removed as a result of inspections. In all instances, compliance orders were issued to employers. ¶8. See 2C Section 1 ¶9. See 2C Section 1 ¶10. See 2C Section 1 ¶11. See 2C Section 1 ¶12. See 2C Section 1 ¶13. See 2C Section 1 ¶14. See 2C Section 1. There was no distinction in training for those working to combat hazardous child labor and those combating forced child labor. 2D Section I: Institutional Mechanisms for effective enforcement- child trafficking: ¶1. Namibia does not have a single institution or agency that is dedicated to the enforcement of child trafficking activities. However, the Ministry of Gender Equality and Child Welfare, together with the Namibian Police's Woman and Child Protection Unit (WACPU) are responsible for the enforcement of laws on trafficking, and thus child trafficking. The Ministry of Gender Equality and Child Welfare takes the lead on all government-sponsored anti-trafficking activities. It is also responsible for protecting victims of trafficking, including children. WACPU is responsible WINDHOEK 00000114 004 OF 007 for conducting investigations into trafficking cases affecting women or children. The Ministry of Justice would prosecute any trafficking case, however there have been no prosecutions to date. At the regional and local level, social workers from the Ministry of Gender Equality and Child Welfare are expected to handle all issues related to human trafficking. The GRN employs 49 social workers throughout the country; they are expected to handle all matters related to the welfare of women and children. At the national office, two senior social workers coordinate all work pertaining to child trafficking. The Namibian Police's Crime Investigation Division employs 35 investigators. The number of social workers, investigators, and police officers is not adequate to handle cases of child trafficking in addition to other types of cases. Furthermore, there is a lack of trained staff, insufficient financial resources, and a lack of sophisticated technology. For example, the police have no electronic surveillance equipment and do not utilize software to create databases on child trafficking. ¶2. The GRN spent approximately ND 65,000 (USD 10,000) on the efforts to combat child trafficking. All other funding, which amounted to ND 2 million (UD 308,000) came from the government's development partners, including the USG, the Southern African Development Community, and UNICEF. These financial resources were inadequate. ¶3. In 2009, the GRN introduced a hotline for reporting any crime, including child trafficking. The toll free number is linked to the Namibian Police. No statistics were kept on the number or nature of the calls received on the hotline. The GRN also launched a media campaign in 2009 to increase awareness of gender-based violence and human trafficking. Furthermore, Lifeline/Childline Namibia is a non-governmental organization (NGO) that provides a toll-free counseling, support and protection services to child victims of any type abuse. ¶4. In 2009, the Ministry of Gender Equality and Child Welfare investigated a case in which a mother coerced her teenage daughter into prostitution. In addition, the Ministry of Gender Equality and Child Welfare, with funding from USAID, conducted a baseline assessment of human trafficking in Namibia. It highlighted two confirmed cases of child trafficking and numerous suspected cases. In late 2009, Namibian media reported that a prominent politician from the Caprivi region allegedly trafficked children from Zambia to Namibia. ¶5. There were no reported cases of children who had been withdrawn or rescued from trafficking situations. 6, 7, 8, 9, 10, 11. There were no arrests, prosecutions or convictions on child-trafficking during the reporting period . ¶12. The GRN made presentations and offered training to law-enforcement agents, social workers, and administrators on the general topic of human trafficking. As a result, awareness of the problem increased. ¶13. Namibia did not experience armed conflict during the reporting period. 2D Section II: Institutional Mechanisms for effective enforcement- Commercial Sexual Exploitation of Children: ¶1. The Namibian Police's Woman and Child Protection Unit (WACPU) takes the lead on issues related to the Commercial Sexual Exploitation of Children (CSEC),because the crime of committing sex with a minor is covered under the Combating of Rape Act of ¶2000. The Ministry of Gender Equality and Child Welfare provides psycho-social counseling to child victims of sexual exploitation and places them in shelters whenever possible. WACPU employs 89 police officers in its 15 units throughout the country. WACPU does not employ its own social workers, but uses those from the ministries of Gender Equality and Child Welfare and Health and Social Services. The numbers of investigators is inadequate. ¶2. The GRN does not break down its national budget statistics to indicate how much funding is dedicated to combating CSEC. Nevertheless, it is clear the funding is inadequate. ¶3. The police hotline reported in 2DI may be used to report concerns related to CSEC. No statistics were kept on the number of CSEC-related complaints received. ¶4. At the national level in 2009, police and the Ministry of Gender Equality and Child Welfare report they did not carry out any investigations on CSEC cases. WINDHOEK 00000114 005 OF 007 ¶5. There were no children rescued from CSEC. 6.In 2009, there were no arrests or prosecutions carried out on CSEC. ¶7. There were no cases related to CSEC during 2009. ¶8. In 2009, there were no the convictions related to CSEC. ¶9. In 2009, there were no sentences related to CSEC. ¶10. Not applicable ¶11. The police do not keep statistics on the length of time needed to resolve CSEC cases. ¶12. Per question 2DI number 12, the GRN offered anti-trafficking training during the reporting period. ¶13. Namibia did not experience armed conflict during the reporting period. 2D Section III: Institutional Mechanisms for effective enforcement- Use of Children in Illicit Activities: ¶1. The Namibian Police is responsible for enforcing the law related to children who are used for conducting illicit activities. Per 2DII, WACPU employees 89 police officers in 15 units, and the Namibian Police's Crime Investigation Division employs 35 investigators. The Ministry of Justice prosecutes any case in which children are accused of involvement in illicit activities. At the national level, the Ministry of Gender Equality and Child Welfare employs two social workers embedded in the Juvenile Court structure who oversee all sentences and community service work assigned to children arrested for illicit activities. They also provide psycho-social assistance to these children. (As stated earlier, the Ministry of Gender Equality and Child Welfare's social workers at the regional level handle all types of cases involving children.) ¶2. The GRN does not break down its national budget statistics to indicate how much funding is dedicated to combating CSEC. Nevertheless, it is clear the funding is inadequate. ¶3. As stated in 2DI, the police maintain a hotline for all crimes. Public records were not kept on the nature or number of calls. ¶4. There were instances of children being involved in illicit activities, however, at the national level, no statistics were kept on the number or the nature of investigations related to the use of children in illicit activities. ¶5. There were no reported cases of children being rescued from illicit activities in 2009. ¶6. There were no national statistics kept on the number of reported arrests related to the use of children in illicit activities in ¶2009. Children who were accused of minor crimes were sentenced to "diversion programs," which offered skills training and counseling, or to community service obligations. Adolescents who were arrested for more serious crimes, including murder, were subject to jail sentences. ¶7. No statistics were available on the number of cases resolved. ¶8. No statistics were available on the number of convictions ¶9. Without statistics kept on the nature of convictions, it is not possible to estimate if the standards were met. ¶10. Without statistics kept, it is not possible to estimate the number of sentences actually served. ¶11. According to the Ministry of Gender Equality and Child Welfare, a simple case may be resolved in one day; more complicated cases may take up to three years. ¶12. The police offers regular training to its officers related to illicit activities (narcotics, firearms),but social workers did not receive similar training in2009. ¶13. Namibia did not experience armed conflict during the reporting period. WINDHOEK 00000114 006 OF 007 2E Government policies on child labor: ¶1. Article 15 of the Namibian Constitution protects children against exploitative labor practices. Namibia is also a signatory to the ILO's Convention on the Prohibition and Immediate Elimination of the Worst Forms of Child Labor. The Labor Act of 2007 states that children between the ages of 14-18 may not be employed where: work takes place between the hours of 20:00-07:00; work is done underground or in a mine; construction or demolition takes place; goods are manufactured; electricity is generated, transformed, or distributed; machinery is installed or dismantled; and any work-related activities take place that may jeopardize a child's health, safety, or physical, mental, spiritual, moral, or social development. ¶2. Namibia's first two national development plans (NDP 1 and NDP 2) did not include the Worst Forms of Child Labor. However, the third National Development Plan, NDP 3 , which covers 2007 to 2012, addresses the elimination of the Worst Forms of Child Labor. The plan aims to harmonize all Namibian laws and policies related to child labor exploitation; ensure that existing child labor laws are followed and enforced; improve the system and scope of workplace inspection beyond the traditional workplaces into the agricultural and domestic sectors and into the informal economy where child labor often occurs; and identify, withdraw and rehabilitate children who are victims of child labor. ¶3. GRN funding of child labor-related activities is channeled through the Labor Inspectorate of the Ministry of Labor, the Ministry of Gender Equality and Child Welfare, and the Namibian Police's WACPU. The GRN does not track anti-child labor initiatives as a line item in the national budget. Based on statistics from the Ministry of Labor, Post estimates that ND 500,000 (USD 65,000) was directly allocated for this purpose in ¶2009. In addition, the GRN allocated a social grant of ND 200 per child to orphans and vulnerable children, which helped to reduce the risk of child labor. The budget was not sufficient to combat all aspects of child labor. ¶4. The GRN did not give non-monetary support to child labor programs. However, it encouraged regional and local authority councilors, traditional leaders, religious authorities, the Namibian Employers Federation, the agricultural forum, and trade union organizations to sensitize and make the public aware of the problem of child labor. ¶5. The GRN made significant strides to increase the number of investigations into cases of the Worst Forms of Child Labor in ¶2009. Namely, in 2008, the GRN identified three instances and in 2009, it identified 145. In addition, senior leadership addressed the topic of child labor in public fora. In June, the first lady spoke out against child labor during a ceremony for World Refugee Day. In August, President Pohamba called on the cabinet to instruct its ministries to collaborate to investigate practices of child labor in eight of Namibia's 13 regions. The government still lacks sufficient resources to thoroughly investigate and prosecute perpetrators and protect victims. ¶6. During 2009, the government did not participate in any commissions or task forces regarding child labor. However, the Participatory Advisory Committee on Child Labor (PACC),which represents government departments, organized labor and business, and civil society continued to guide the development and implementation of the TECL program. ¶7. The government did not sign any new bilateral, regional or international agreements to combat trafficking during the year under review. 2F Social Programs to eliminate or prevent child labor: ¶1. The government did not implement any social programs specifically aimed at child labor. ¶2. The GRN continued to support school feeding programs and social grants for orphans and vulnerable children. Orphans and vulnerable children received a monthly cash transfer of ND 200 (USD 27.00); they were placed in schools with boarding facilities; and exempted from paying school-related fees. ¶3. The GRN provided funding for these activities; the funding was not sufficient. WINDHOEK 00000114 007 OF 007 ¶4. With support from the U.S. Department of Labor, the GRN continued to participate in two ILO programs: Labor through the ILO: Reducing Exploitative Child Labor in Southern Africa (RECLISA) and Towards Eliminating Child Labor (TECL). Now that a national action plan to combat child labor has been finalized, the TECL program is planning to initiate six child labor withdrawal and protection projects in 2010. ¶5. See 2F question 2. ¶6. During the period under review, the government did not sign any new bilateral, regional or international agreements to combat trafficking. 2G Continual progress: The government made some progress in combating the worst forms of child labor during the reporting period. The government's efforts to gather, record and publish information on instances on child labor were significant. For example, the Ministry of Gender Equality and Child Welfare created a national database on gender-based violence to record statistics of trafficking and child labor victims. In addition, the GRN issued 142 more compliance orders than it did in 2008. During 2008, only three cases were reported and investigated, but in 2009 the government increased its efforts to investigate child labor cases, resulting in the identification of 145 new cases. Increased funding for training and enforcement is needed. MATHIEU