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.



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Tasking 1/TVPRA

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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.



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Tasking 2/TDA

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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

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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

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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

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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.

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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.

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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.

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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