Women

Rape and Domestic Violence: The law criminalizes rape of men and women, including spousal rape. The law defines rape as the commission of any sexual act under coercive circumstances. The courts tried numerous cases of rape during the year. The government generally enforced court sentences of those convicted, which ranged between five and 45 years’ imprisonment. Factors hampering rape prosecutions included limited police capacity and the withdrawal of allegations by victims after filing charges. Survivors often withdrew charges because they received compensation from the accused; succumbed to family pressure, shame, or threats; or became discouraged by the length of time involved in prosecuting a case.

Traditional authorities may adjudicate civil claims for compensation in cases of rape, but criminal trials for rape are held in courts.

Gender-based violence, particularly domestic violence, was a widespread problem. The government and media focused national attention on gender-based violence. The president and first lady spoke out publicly against gender-based violence; the Office of the First Lady actively promoted gender-based violence awareness and remedies in every region. In October activists protested against government inaction to prevent gender-based violence. Protesters submitted a petition to the government that demanded establishment of a sexual offender register, a review of sentencing laws for sexual offenses and gender-based violence (including murder), hastening the investigation of all reported sexual offense and gender-based violence cases, institution of armed neighborhood patrols, and an evaluation of school practices that promote victim blaming.

The law prohibits domestic violence. Penalties for conviction of domestic violence–including physical abuse, sexual abuse, economic abuse, intimidation, harassment, and serious emotional, verbal, or psychological abuse–range from a token monetary fine for simple offenses to sentences of 10 years’ imprisonment, a substantial monetary fine, or both for assault with intent to cause grievous bodily harm.

The law provides for procedural safeguards such as protection orders to protect gender-based violence survivors. When authorities received reports of domestic violence, gender-based violence protection units intervened. The gender-based violence units were staffed with police officers, social workers, legal advisors, and medical personnel trained to assist victims of sexual assault. Some magistrates’ courts provided special courtrooms with a cubicle constructed of one-way glass and child-friendly waiting rooms to protect vulnerable witnesses from open testimony. The Ministry of Gender Equality and Child Welfare operated shelters; however, due to staffing and funding shortfalls, the shelters operated only on an as-needed basis with social workers coordinating with volunteers to place victims and provide them with food and other services.

Sexual Harassment: The law explicitly prohibits sexual harassment in the workplace. By law employers must formulate a workplace sexual harassment policy, including defined remedies. Employees who leave their jobs due to sexual harassment may be entitled to legal “remedies available to an employee who has been unfairly dismissed.”

Reproductive Rights: Couples and individuals have the right to decide the number, spacing, and timing of their children; manage their reproductive health; and have access to the information and means to do so, free from discrimination, coercion, or violence. Supply chain challenges limited access to contraceptives through the public sector.

Gender-based-violence investigation units present at most state hospitals provided forensic examinations to survivors of sexual-violence, including postexposure prophylaxis to facilitate prompt access to medication in case of potential exposure to HIV.

According to the World Health Organization, the 2017 maternal mortality rate was 195 per 100,000 live births. A general lack of access to effective health care, including the treatment of eclampsia, resulted in prolonged labor complications and contributed to the high rate of maternal mortality. HIV/AIDS was the leading indirect cause of maternal mortality, linked to more than 4 percent of maternal deaths. According to the UN Population Fund, the adolescent birth rate was 62 per 1,000 girls.

Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization on the part of government authorities.

Discrimination: Civil law prohibits gender-based discrimination, including employment discrimination. The government generally enforced the law effectively. Nevertheless, women experienced persistent discrimination in access to credit, salary level, owning and managing businesses, education, and housing. Some elements of customary family law provide for different treatment of women. Civil law grants maternity leave to mothers but not paternity leave to fathers. The law bases marital property solely on the domicile of the husband at the time of the marriage and sets grounds for divorce and divorce procedures differently for men and women. The law protects a widow’s right to remain on the land of her deceased husband, even if she remarries. Traditional practices in certain northern regions, however, permitted family members to confiscate the property of deceased men from their widows and children.

Children

Birth Registration: The constitution provides for citizenship by birth within the country to a citizen parent or a foreign parent ordinarily resident in the country, or to those born outside the country to citizen parents; however, many persons born in the country lack birth registration and are therefore unable to prove their citizenship.

Child Abuse: Child abuse was a serious problem, and authorities prosecuted crimes against children, particularly rape and incest. The Ministry of Gender Equality and Child Welfare employed social workers throughout the country to address cases of child abuse. It conducted public awareness campaigns aimed at preventing child abuse and publicizing services available to victims.

Child, Early, and Forced Marriage: The law prohibits civil marriage for both boys and girls younger than age 18.

Sexual Exploitation of Children: The law criminalizes child pornography, child prostitution, and the actions of both the client and pimp in cases of sexual exploitation of children younger than age 18. NGOs reported HIV/AIDS orphans and other vulnerable children engaged in prostitution without third-party involvement due to economic pressures.

The government enforced the law; perpetrators accused of sexual exploitation of children were routinely charged and prosecuted. The penalties for conviction of soliciting a child, or more generally for commercial sexual exploitation of a child (including through pornography), are a significant monetary fine, up to 10 years’ imprisonment, or both. The law makes special provisions to protect vulnerable witnesses, including individuals younger than age 18 or who have been victims of sexual offense.

An adult convicted of engaging in sexual relations with a child younger than age 16 in prostitution may be sentenced for up to 15 years’ imprisonment for a first offense and up to 45 years’ imprisonment for a repeat offense. Any person convicted of aiding and abetting trafficking in persons–including child prostitution–within the country or across the border is liable for a substantial monetary fine or up to 50 years’ imprisonment. Conviction of solicitation of a prostitute, living off the earnings of prostitution, or keeping a brothel, carries substantial monetary fines, 10 years’ imprisonment, or both.

The minimum legal age for consensual sex is 16. The penalty for conviction of statutory rape–sex with a child younger than 14 when the perpetrator is more than three years older than the victim–is a minimum of 15 years’ imprisonment if the victim is younger than 13 and a minimum of five years’ imprisonment if the victim is age 13. There is no minimum penalty for conviction of sexual relations with a child between ages 14 and 16. Possession of or trade in child pornography is illegal. The government trained police officers in handling child-sex-abuse cases. Centers for abused women and children worked to reduce the trauma suffered by abused children.

Infanticide or Infanticide of Children with Disabilities: Media reported cases in which parents, usually young mothers, abandoned their newborns, sometimes leading to the newborn’s death. The government enforced prohibitions against this practice by investigating and prosecuting suspects.

International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.HYPERLINK “file://///drl.j.state.sbu/DavWWWRoot/HRR/Master HRR Library/NAMIBIA 2016 HUMAN RIGHTS REPORT.docx”

There was a small Jewish community of fewer than 100 persons in the country, most of whom lived in Windhoek. There were no reports of anti-Semitic acts.

Trafficking in Persons

See the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report.

The constitution protects the rights of “all members of the human family,” which is interpreted by domestic legal experts to prohibit discrimination against persons with disabilities. The law prohibits discrimination against persons with physical and mental disabilities. The law prohibits discrimination in any employment decision based on several factors, including any “degree of physical or mental disability.” It makes an exception in the case of a person with a disability unable to perform the duties or functions of the job in question. Enforcement in this area was ineffective, and societal discrimination persisted.

By law official action is required to investigate and punish those accused of committing violence or abuse against persons with disabilities; authorities did so effectively.

The government requires the construction of government buildings to include ramps and other features facilitating access to persons with physical disabilities. The government, however, does not mandate retrofitting or other measures to provide such access to already constructed public buildings.

Children with disabilities attended mainstream schools. The law does not restrict the rights of persons with disabilities to vote and otherwise participate in civic affairs, but lack of access to public venues hindered the ability of persons with disabilities to participate in civic life.

The National Assembly-adopted National Policy on Disability states that the government must pursue equalization of opportunities for persons with disabilities by removing barriers to full participation in all areas to allow persons with disabilities to reach a quality of life equal to that of other citizens. Nevertheless, persons with disabilities did not have equal access to health services, information and communications, and transportation. The deputy minister of disability affairs in the Office of the Vice President is responsible for matters related to persons with disabilities and oversees the National Disability Council of Namibia. The council is responsible for coordinating the implementation of policies concerning persons with disabilities with government ministries and agencies.

Despite constitutional prohibitions, societal, racial, and ethnic discrimination persisted.

By law all traditional communities participate without discrimination in decisions affecting their lands, cultures, traditions, and allocation of natural resources. Nevertheless, due to their nomadic lifestyle, the San, the country’s earliest known inhabitants, were unable to exercise these rights effectively because of minimal access to education, limited economic opportunities, and their relative isolation. Some San had difficulty obtaining a government identification card because they lacked birth certificates or other identification. Without a government-issued identification card, the San could not access government social programs or register to vote. A lack of access to police, prosecutors, and courts prevented San women from reporting and seeking protection from gender-based violence.

Indigenous lands were effectively demarcated but poorly managed. Many San community members lived on conservancy (communal) lands but were unable to prevent members of larger ethnic groups from using and exploiting those lands. Some San claimed regional officials failed to remove members of other ethnic groups from San lands.

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

The constitution does not prohibit discrimination based on sexual orientation. Although Roman-Dutch common law inherited at independence criminalizes sodomy, the ban was not enforced. The law defines sodomy as intentional anal sexual relations between men. This definition excludes anal sexual relations between heterosexual persons and sexual relations between lesbians. Many citizens considered same-sex sexual activity to be taboo.

Gender discrimination law does not address discrimination based on sexual orientation or gender identity. Lesbian, gay, bisexual, transgender, and intersex (LGBTI) persons faced harassment when trying to access public services. There were isolated reports of transgender persons being harassed or assaulted. Some politicians opposed any legislation that would specifically protect the rights of LGBTI persons. The ombudsman favored abolition of the common law offense of sodomy. LGBTI groups conducted annual pride parades recognized by the government as constitutionally protected peaceful assembly.

Although the law prohibits discrimination based on HIV status, societal discrimination and stigmatization against persons with HIV remained problems. Some jobs in the civilian sector require a pre-employment test for HIV, but there were no reports of employment discrimination specifically based on HIV/AIDS status. According to the Namibian Employers’ Federation, discrimination based on HIV status was not a major problem in the workplace because most individuals were aware HIV is not transmissible via casual contact.

The law provides for the right to form and join independent trade unions, conduct legal strikes, and bargain collectively; however, the law prohibits workers in certain sectors, such as police, military, and corrections, from joining unions. The law prohibits antiunion discrimination.

Except for workers providing designated essential services such as public health and safety, workers may strike once mandatory conciliation procedures lasting 30 days are exhausted and 48 hours’ notice is given to the employer and the labor commissioner. Workers may take strike actions only in disputes involving specific worker interests, such as pay raises.

Worker rights disputes, including dismissals, must first be submitted to the labor commissioner for conciliation, followed by a more formal arbitration process if conciliation is unsuccessful. The parties have the right to appeal the arbitrator’s findings in labor court. Administrative and judicial procedures were subject to lengthy delays. The law provides for conciliation and arbitration to resolve labor disputes more quickly, although both employers and unions publicly questioned the system’s effectiveness. The law prohibits unfair dismissal of workers engaged in legal strikes, specifically prohibits employer retaliation against both union organizers and striking workers, and provides for reinstatement for workers dismissed for union activity provided the workers’ actions at the time were not in violation of other law.

The law provides employees with the right to bargain individually or collectively and provides for recognition of the exclusive collective bargaining power of a union when more than half of workers are members of that union. The law covers all formal-sector workers, including migrants, nonessential public-sector workers, domestic workers, and those in export-processing zones. The law on collective bargaining does not cover the informal sector.

The government effectively enforced applicable labor law in the formal sector, and penalties were commensurate with those for similar crimes. Inspection was insufficient to enforce compliance in the informal sector. Aside from mediation efforts, the government was not directly involved in union activities. The government and employers generally respected freedom of association, and workers exercised this right. Employers also did not appear to interfere in union activities.

Collective bargaining was practiced widely in the mining, construction, agriculture, and public sectors. Almost all collective bargaining was at the workplace and company level. Employers respected the collective bargaining process. Employees exercised their legal rights. For example, employees of the Chinese-owned Rossing Uranium Mine threatened to strike during the year because of wage disputes and allegations that management jobs were unlawfully filled by foreigners.

Employers may apply to the Ministry of Labor, Industrial Relations, and Employment Creation for an exemption from certain provisions if they are able to prove workers’ rights are protected, but very few employers pursued this option.

b. Prohibition of Forced or Compulsory Labor

The law prohibits all forms of forced or compulsory labor, including by children. The government effectively enforced the law in the formal sector, and criminal penalties were commensurate with those for analogous serious crimes. The government investigated allegations of forced or compulsory labor and found no prosecutable cases. Resources, inspections, and remediation were inadequate. Penalties for conviction of violations have not been applied under the trafficking act.

By law seamen may be sentenced to imprisonment with labor for breaches of discipline, a provision that the International Labor Organization criticized as forced labor. The Namibia Food and Allied Workers Union confirmed that the law has never been applied.

Also see the Department of State’s Trafficking in Persons Report at https://www.state.gov/trafficking-in-persons-report/.

c. Prohibition of Child Labor and Minimum Age for Employment

The law prohibits all the worst forms of child labor. The minimum age for employment is 14. Children younger than age 18 may not engage in hazardous work, including work between the hours of 8 p.m. and 7 a.m., underground work, mining, construction work, in facilities where goods are manufactured or electricity is generated, transformed, or distributed, or where machinery is installed or dismantled. Prohibitions on hazardous work by children in agriculture are not comprehensive. Children ages 16 and 17 may perform hazardous work subject to approval by the Ministry of Labor, Industrial Relations, and Employment Creation and restrictions outlined in the law. Criminal penalties are commensurate with those for analogous serious crimes, such as kidnapping.

The government effectively enforced the law. Gender-based violence protection units enforced child labor law in cooperation with the Ministry of Labor, Industrial Relations, and Employment Creation. The ministry made special provisions in its labor inspections to look for underage workers, although budget constraints limited the number of inspectors. The government trained all inspectors to identify the worst forms of child labor. Where child labor was reported, labor inspections were conducted regularly.

Children worked herding goats and sheep on communal farms owned by their families. Children also worked as child minders or domestic servants and in family businesses, including informal “businesses” such as begging or street hawking. NGOs reported rising commercial sexual exploitation of girls, particularly in cities and in transit corridors (see section 6).

Also, see the Department of Labor’s Findings on the Worst Forms of Child Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings .

The law prohibits discrimination in employment and occupation based on race, sex, religion, political opinion, national origin, citizenship, pregnancy, family responsibility, disability, age, language, social status, and HIV-positive status. The law requires equal pay for equal work. The law does not specifically address employment discrimination based on sexual or gender orientation.

Refugees and legal immigrants with work permits enjoy the same legal protections, wages, and working conditions as citizens.

The Ministry of Labor, Industrial Relations, and Employment Creation and the Employment Equity Commission are both responsible for addressing complaints of employment discrimination.

The government inconsistently enforced the law. Penalties are commensurate with those of similar laws but were seldom applied. Discrimination in employment and occupation occurred with respect to gender, most frequently in the mining and construction industries. Men occupied approximately two-thirds of upper management positions in both the private and public sectors. Indigenous and marginalized groups sometimes faced discrimination in employment involving unskilled labor. Persons with disabilities faced discrimination in employment and access to the workspace.

Although various sectors have a minimum wage, there is no national minimum wage law that applies across all sectors. Nevertheless, all sector-specific minimum wage rates are applied nationally and were above the poverty line. Unions and employers negotiated industry-specific minimum wages under Ministry of Labor, Industrial Relations, and Employment Creation mediation.

The standard legal workweek was 45 hours, with at least 36 consecutive hours of rest between workweeks. By law an employer may not require more than 10 hours’ overtime work per week and must pay premium pay for overtime work. The law mandates 20 workdays of annual leave per year for those working a five-day workweek and 24 workdays of annual leave per year for those working a six-day workweek. The law also requires employees receive paid time off for government holidays, five days of compassionate leave per year, at least 30 workdays of sick leave during a three-year period, and three months of maternity leave paid by the employer and the Social Security Commission.

The Ministry of Labor, Industrial Relations, and Employment Creation mandates occupational safety and health (OSH) standards, and the law empowers authorities to enforce these standards through unannounced inspections and criminal prosecution. The law requires employers to provide for the health, safety, and welfare of their employees; the responsibility for identifying unsafe situations remains with OSH experts and not the worker. The law covers all employers and employees in the country, including the informal sector and individuals placed by a private employment agency (labor hire), except independent contractors and members of the NDF, the Namibia Central Intelligence Service, the Namibian Correctional Service, and police. By law employees have the right to remove themselves from dangerous work situations, and authorities effectively protected employees in such situations.

The government enforced wage, hour, and safety standards laws in the formal sector but did not consistently enforce labor law in the informal sector, which included an estimated 57 percent of workers. Penalties are commensurate with those for similar violations, but they were seldom applied in the informal sector. Resources to enforce the law were limited, and the number of inspectors was insufficient to address violations. Inspections occurred proactively, reactively, and at random. Due to the ministry’s resource constraints in vehicles, budget, and personnel, as well as difficulty in gaining access to some large communal and commercial farms and private households, labor inspectors sometimes found it difficult to investigate possible violations. The Namibian Employers’ Federation reported that the most prominent offenses concerning employee rights and working conditions were in the informal sector, including for domestic workers, street hawkers, and employees in the common informal bars known as shebeens.

Workers in the construction, agriculture, and mining sectors faced hazardous working conditions. There was one report of a fatal industrial accident. On November 19, an employee of Dundee Precious Metals Inc. was killed while conducting maintenance activities.

Allegations persisted that, in addition to not adhering to the law on hiring and firing, Chinese firms failed to pay sector-established minimum wages and benefits in certain industries, failed to respect work-hour regulations for public holidays and Sundays, and ignored OSH standards, for example, by requiring construction workers to sleep on site.