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RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHWD #0114/01 0360834
ZNR UUUUU ZZH
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FM AMEMBASSY WINDHOEK
TO RUEHC/SECSTATE WASHDC 0175
INFO SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE

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