E/C.12/NAM/CO/1
Right to strike
39.
The Committee notes with concern that the Labour Act does not expressly identify
the activities defined as essential services, whose workers are not allowed to strike, and that
employers can apply to the Minister of Labour to classify a particular activity as an
essential service. The Committee is also concerned that workers in the free export zones are
not permitted to strike. Moreover, the Committee expresses concern at reports concerning
the arrest and detention of teachers and other workers who have exercised their right to
strike (arts. 6-8).
40.
The Committee recommends that the State party: (a) expressly enumerate
essential services in its legislation; (b) guarantee the right to strike to all workers with
the exception of those involved in the delivery of essential services; (c) prevent and
punish all acts of reprisals against workers who exercise their right to strike; and (d)
release those workers who have been unjustly arrested for exercising their labour
rights.
Social security
41.
The Committee is concerned that the State party’s social security schemes cover
primarily individuals working in the formal economy (art. 9).
42.
The Committee recommends that the State party develop a universal social
security system, with a view to achieving full coverage of all the segments of its
population, including part-time workers, the self-employed and those working in the
informal economy. In that regard, the Committee recommends that the State party
consider the establishment of a social protection floor as envisaged in the ILO Social
Protection Floors Recommendation, 2012 (No. 202). The Committee refers the State
party to its general comment No. 19 (2007) on the right to social security and its 2015
statement on social protection floors.
Harmful practices
43.
The Committee expresses concern that, as customary law governs 80 per cent of
marriages in the State party, children are vulnerable to early marriage. The Committee is
also concerned that the State party has not yet investigated any of the reports of harmful
practices, such as sexual initiation, performed in certain regions of the country, which also
involve the humiliation of and violence against of the victims, first drawn to the attention of
the State party by the Committee on the Rights of the Child in 2012 (art. 10).
44.
The Committee urges the State party to prevent and outlaw child marriage
under customary law, including in the bill on the recognition of customary law
marriages. It also urges the State party to investigate all reports of harmful practices
and take measures for their abandonment, including culturally sensitive awarenessraising activities. Moreover, the Committee recommends that the State party adopt
legislation to criminalize harmful practices, such as sexual initiation, and bring
perpetrators to justice.
Domestic violence
45.
The Committee notes with concern that domestic violence and abuse are condoned
or tolerated by the majority of the population in the State party. The Committee is also
concerned at the limited effectiveness of the Combating Domestic Violence Act of 2003,
including on protecting children and victims in rural areas (art. 10).
46.
The Committee recommends that the State party: (a) continue to raise
awareness that domestic violence is a serious violation of human rights; (b) monitor
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