Namibia’s main labour federations and employer organisations have accused Justice and Labour Relations Minister Fillemon Wise Immanuel of undermining the independence of the country’s tripartite labour system after he rejected long-serving Labour Advisory Council representatives and instructed social partners to submit up to six nominees from which he will make appointments.
The National Union of Namibian Workers (NUNW), the Trade Union Congress of Namibia (TUCNA), the Namibian Employers’ Federation (NEF) and the Namibian Employers Association (NEA) said they had already submitted representatives mandated by their respective constituencies and objected to the minister selecting nominees on their behalf.
The dispute follows Immanuel’s decision not to reappoint representatives who have served on the Labour Advisory Council for three to four consecutive terms, or between nine and 12 years. Instead, he instructed organised labour, employers and government to submit between two and six nominees for each position.
However, the four organisations argue that while the minister has the legal authority to appoint members, government should not determine who represents workers and employers on the statutory body.
“The issue is about protecting the independence of the social partners, the representative character of the Council and the integrity of social dialogue and tripartism in Namibia,” the organisations said in a joint statement.
The Labour Advisory Council has remained without members since the previous council’s term expired in February.
According to the organisations, the delay has created an institutional gap that extends beyond the council itself, affecting statutory committees responsible for dispute prevention, dispute resolution and essential services.
The organisations warned that allowing government to effectively choose representatives of organised labour and business could undermine the credibility and independence of Namibia’s tripartite labour relations system.
“Where Government effectively chooses who represents the other social partners, the independence and credibility of the entire social dialogue process may be undermined,” the statement said.
The organisations also noted that several important labour, employment and workplace policy reforms are currently under consideration, making the urgent reconstitution of the Labour Advisory Council increasingly important.
They called on the minister to immediately reconstitute the council, respect the representative mandates of organised labour and business, explain the legal basis for requiring multiple nominees from each constituency, provide written reasons should any nominee be rejected and urgently meet with the four organisations to resolve the dispute.
The organisations further said that where there is a lawful objection to a nominee, the relevant constituency should be formally informed of the reasons and afforded an opportunity to respond.
The joint statement was issued by the NUNW, TUCNA, NEF and NEA, marking a rare united front between organised labour and employers over the governance of Namibia’s labour relations institutions.
