Freedom of Association
Database 2024

Freedom of Association
Indicator
Freedom of Association
Countries
LRI 2024
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Namibia

Freedom of Association Indicator

The Labour Rights Index 2024 (LRI 2024) is a de-jure index covering 145 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2024.

Namibia’s overall score is 70.5 out of 100. The overall score for Namibia is greater than the regional average observed across Sub-Saharan Africa (66). Within the Sub-Saharan Africa region, the highest score is observed for Côte d’Ivoire (84.5).

Namibia ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1995 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1995.

Labour Rights Index 2024

70.5/100

LRI Country Score

50/100

Freedom of Association Indicator

18.31 %

Trade union density rate (%)

40.9 %

Collective bargaining coverage rate (%)

0.88

SDG indicator 8.8.2

3

ITUC Global Rights Index 2024 Ratings

Question

Answer

Score

Legal Basis

More Info

Does the law allow workers to form and join unions of their own choice?

Yes

1

§21(1)(e), Constitution of Namibia 1990; §6 & 65, Labour Act 2007

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0

§64 & 93 of the Labour Act, 2007; USDOS CRHRP 2023 (Namibia)

A,D

Does the law provide for the right to strike?

No

0

§74-77of the Labour Act 2007

A

Does the law prohibit imposing of excessive sanctions against striking workers?

Yes

1

§76 of the Labour Act 2007

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/  

Freedom of Association Indicator
The Freedom of Association indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100. 

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT. 

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT. 

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT. 

ITUC Global Rights Index 2024 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March.  For a detailed description of ratings and methodology, please follow the link. 

Information

Source: §21(1)(e), Constitution of Namibia 1990; §6 & 65, Labour Act 2007

Information

Source: §64 & 93 of the Labour Act, 2007; USDOS CRHRP 2023 (Namibia)

A : National Law

National Labour Legislation

"64. (1) A registered trade union that represents the majority of the employees in an appropriate bargaining unit is entitled to recognition as the exclusive bargaining agent of the employees in that bargaining unit for the purpose of negotiating a collective agreement on any matter of mutual interest."

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices

"The law provided employees with the right to bargain individually or collectively and provided for recognition of the exclusive collective bargaining power of a union when more than half of workers were members of that union. Employers had no obligation to bargain with minority unions. "

Information

Source: §74-77of the Labour Act 2007

A : National Law

National Labour Legislation

"Designation of essential services 77. (1) The Essential Services Committee must recommend to the Labour Advisory Council all or part of a service to be an essential service if, in the opinion of the Committee, the interruption of that service would endanger the life, personal safety or health of the whole or any part of the population of Namibia. (2) When the Essential Services Committee is considering whether to recommend a service to be an essential service, the following requirements apply: (a) except in the case of an urgent application in terms of subsection (12), the Essential Services Committee must give notice in the Gazette of any investigation that the Essential Services Committee intends to conduct as to whether it should recommend that all or part of a service be designated as an essential service, which notice must - (i) indicate the service or part of a service that is to be the subject of the investigation; (ii) invite interested parties to make written submissions within a period stated in the notice; and (iii) state the date, time and place of the hearing referred to in paragraph (b); (b) the Essential Services Committee may hold a public hearing at which persons who made written submissions may make oral representations; (c) after having considered the written submissions and oral representations, the Essential Services Committee - (i) may decide whether or not to recommend the designation of the whole or the part of a service that was the subject of the investigation as an essential service; and (ii) must forward its report and recommendations to the Labour Advisory Council. (3) The Labour Advisory Council must, after considering the report of the Essential Services Committee, forward its recommendations to the Minister. (4) On receipt of the recommendations of the Labour Advisory Council, the Minister must consider those recommendations and if the Minister decides to designate any part of a service as an essential service, the Minister must publish a notice of designation of that essential service in the Gazette. (5) In making a decision in terms of subsection (4), the Minister is not bound by or obliged to follow the recommendation of the Labour Advisory Council."

Information

Source: §76 of the Labour Act 2007