Country profile NAM
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 2015-04-22 | C182 | Child Care and Protection Act, 2013 - Section 1. and Section 234. (1) (b) | [{"link_name":"Child Care and Protection Act, 2013","source_link":"https://www.lac.org.na/laws/annoSTAT/Child%20Care%20and%20Protection%20Act%203%20of%202015.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Definition Section 1. of the Act considers a child to be a person "who has not attained the age of 18 years". For its part, Section 234. (1) (b) stipulates that a person may not "recruit, procure, enlist or employ a child in any national, private or foreign armed or security force or cause such child to be used in any armed conflict", thus prohibiting the recruitment of children under 18. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2019-01-30 | C182 | Child Care and Protection Act, 2015 - Section 234. (1) (c) and Section 234. (1) (d) | [{"link_name":"Child Care and Protection Act, 2015","source_link":"https://www.lac.org.na/laws/annoSTAT/Child%20Care%20and%20Protection%20Act%203%20of%202015.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Section 234. (1) (c) and (d) state, that a person may not : "(c) use, procure, offer or employ a child for purposes of commercial sexual exploitation; (d) induce, procure, offer, allow or cause a child to be used for purposes of creating child pornography, whether for reward or not". |
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2019-11-14 | C182 | Child Care and Protection Act, 2015 - Section 234. (1) (e) | [{"link_name":"Child Care and Protection Act, 2015","source_link":"https://www.lac.org.na/laws/annoSTAT/Child%20Care%20and%20Protection%20Act%203%20of%202015.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | Section 234. (1) (e) of the Act prohibits the "use, procure, offer or employ a child for purposes of drug production, drug trafficking or the commission of any other crime". |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 2019-11-14 | C182 | Combating of Trafficking in Persons Act - Section 3. (2) and Section 3. (4) | [{"link_name":"Combating of Trafficking in Persons Act","source_link":"https://natlex.ilo.org/dyn/natlex2/natlex2/files/download/108604/NAM108604.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Section 3. (2) and Section 3.(4) of the Act prohibits the "recruitment, transportation, transfer, harbouring or receiving of a child for the purposes of trafficking in persons". |
| List of hazardous activities prohibited for children | N/A | C138 & C182 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4342101,103008:NO"}] | No | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | In an Observation published in 2024, the CEACR notes with regret that "the list of types of hazardous work prohibited to children under 18 years, which the Government has been referring to since 2011, has not yet been adopted" and urges the Government to ensure that the list of types of hazardous work is adopted without further delay. |
| Minimum age for hazardous work | 2014-10-13 | C138 & C182 | Namibian Constitution Third Amendment Act 8 of 2014 - Article 15 (2) | [{"link_name":"Namibian Constitution Third Amendment Act 8 of 2014","source_link":"https://www.lac.org.na/laws/annoSTAT/Namibian%20Constitution.pdf"}] | 16 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Article 15 (2) of the Constitution provides that children should not be employed in "work that is likely to be hazardous or to interfere with their education, or to be harmful to their health or physical, mental, spiritual, moral or social development". It specifies that, in the context of this article, a child should mean a person under the age of 16 years. |
| Minimum age for admission to apprenticeship | No information | C138 | No information | [{"link_name":"CEACR Direct Request","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=NORMLEXPUB:13100:0::NO::P13100_COMMENT_ID:2316678"}] | 14 | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | In a Direct Request published in 2010, the CEACR notes the information in the Government’s report that the minimum age of 14 years of age, specified in section 3(2) of the Labour Act, applies to persons engaged in apprenticeships. |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | 2001-12-11 | C138 | Education Act, 2001 - Section 53 | [{"link_name":"Education Act, 2001","source_link":"https://www.lac.org.na/laws/annoSTAT/Education%20Act%2016%20of%202001.pdf"}] | No | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | Section 53 of the Education Act sets the age of completion of compulsory school at 16 years, which is above the minimum age for admission to work. |
| Minimum age for light work | N/A | C138 | N/A | [{"link_name":"N/A","source_link":"N/A"}] | N/A | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | No law from the Namibian legal framework seems to be setting a minimum age for light work. |
| Light work - Determination of types and conditions of activities | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4342101,103008:NO"}] | N/A | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | In an Observation published in 2024, the Commission of Experts on the Application of Conventions and Recommendations (CEACR) notes that the regulations on the light work activities permitted to children between 12 and 14 years of age have not yet been adopted. |
| Minimum age for admission to work | 2007-12-21 | C138 | Labour Act, 2007 - Section 3. (2) | [{"link_name":"Labour Act, 2007","source_link":"https://www.lac.org.na/laws/annoSTAT/Labour%20Act%2011%20of%202007.pdf"}] | 14 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Section 3. (2) of the Act stipulates that a person must not employ a child under the age of 14 years. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 15-NOV-2000 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 15-NOV-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Namibia’s Sixth National Development Plan (NDP6) aims to integrate child-centred approaches into the country’s broader economic and social development agenda, ensuring that policies and services are responsive to the specific needs and rights of children. The plan underscores the importance of protecting children’s safety, health, education, and overall development as fundamental to long-term national progress. It seeks to create supportive environments by strengthening legal protections, preventing violence and exploitation, and tailoring services to different stages of child development, with special attention to those in vulnerable situations. Additionally, NDP6 emphasises the importance of building the capacity of caregivers, communities, and service providers to effectively support and safeguard children. | [{"link_name":"NDP 6","source_link":"https://www.npc.gov.na/wp-content/uploads/2025/07/NDP6-Policy-Document_compressed.pdf"}] | 2025-2030 | Sixth National Development Plan (NDP 6) | Namibian Governement |
| The Harambee Prosperity plan is the Government's Action plan towards economic recovery and inclusive growth. Some of the plan's provisions support the objective of eliminating child labour. Indeed, as part of its "Social progression" objective, the plan aims at arresting violence against children by strengthening procedures and infrastructure for better service to survivors and; at improving the quality of the public education system by improving and expanding the education infrastructure, and by integrating early childhood development. | [{"link_name":"Harambee Prosperity Plan II","source_link":"https://www.namport.com.na/files/files/Harambee%20Prosperity%20Plan%20II(1).pdf"}] | 2021-2025 | Harambee Prosperity Plan II | Namibian Government |
| With the collaboration of the UNICEF, Namibia set up the NAC which has for key objectives : the protection and care for all children in Namibia; the access of all children to equitable and inclusive education that qualifies them to pursue primary and higher education; to ensure that every child has a healthy childhood and adolescence; to develop children's participation in the NAC; to ensure all children with disabilities have equal access to health, education, protection and support. | [{"link_name":"NAC","source_link":"https://www.unicef.org/namibia/media/491/file/UNICEF%20Namibia%202018%20NAC.pdf"}] | 2018-2022 | National Agenda for Children (NAC) | Ministry of Gender Equality and Child Welfare |
| In a Direct Request published in 2024, the Committee of Experts on the Application of Conventions and Recommendations (CEACR) noted the adoption of the Labour Inspectorate Action Plan, the objective of which was to improve inspections, particularly in relation to the elimination of child labour. The Committee notes the Government's indication that "two cases of child labour were detected in the domestic sector in 2020 and 2022, and three cases in the agricultural sector in 2021" and requests the Government "to continue to take measures to strengthen the capacity of the labour inspection system to adequately monitor and detect cases of child labour in the country, in particular in the agricultural and domestic sectors, as well as in the informal economy". | [{"link_name":"Labour Inspectorate Action Plan","source_link":"https://normlex.ilo.org/dyn/nrmlx_en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4342098,103008:NO"}] | 2017-2019 | Labour Inspectorate Action Plan | Ministry of Industrial Relations, Labour and Employment Creation |