Patience Makwele
Four major social-partner organisations have challenged labour and justice mpinister Wise Fillemon Immanuel’s decision to seek fresh nominations for the Labour Advisory Council, arguing that representatives of organised labour and business should be selected by the constituencies they represent.
The National Union of Namibian Workers (NUNW), Trade Union Congress of Namibia (TUCNA), Namibian Employers’ Federation (NEF) and Namibian Employers Association (NEA) on Monday jointly objected to Immanuel’s request for six names from which he would select representatives to the council.
The organisations said they had already submitted nominees mandated by their respective constituencies.
The development follows Immanuel’s rejection of the reappointment of social-partner representatives who had served three to four consecutive terms on the council, amounting to between nine and 12 years.
Immanuel subsequently directed government, trade unions and employers’ organisations to submit between two and six nominations for consideration.
The social partners, however, argue that while the minister has the formal authority to appoint members to the council, the government should not effectively determine who represents organised labour and business in the statutory tripartite body.
“The central issue is therefore clear: while the minister holds the formal authority to appoint members of the Council, the government should not effectively determine who represents workers and employers in a statutory tripartite institution,” the four organisations said in a joint statement issued yesterday.
They maintain that representatives of workers and employers must have the confidence and mandate of the constituencies they represent, saying that the government effectively choosing those representatives could undermine the independence of the social partners and the credibility of Namibia’s social-dialogue process.
The Labour Advisory Council is established under the Labour Act, 2007, as a tripartite forum comprising representatives of Government, registered trade unions and registered employers’ organisations.
The previous council’s term ended in February and a new council has not yet been constituted.
The organisations said the delay has created an institutional gap at a time when several labour, employment and workplace-related legal and policy instruments are under consideration.
They further pointed to committees operating within the council’s institutional framework, including those dealing with dispute prevention and resolution and essential services.
“A properly functioning Labour Advisory Council is therefore essential to ensure that organised labour and organised business can consult their constituencies and contribute informed perspectives before important decisions are finalised,” they said.
The four organisations are calling on Immanuel to urgently reconstitute the council and respect the representative mandates of organised labour and business.
They also want the minister to clarify the legal and policy basis for requiring each constituency to submit six names and to provide written reasons and the applicable legal basis for any objection to a submitted nominee.
The organisations have further called for an urgent meeting with Immanuel to resolve the matter.
They said they remain committed to constructive engagement with the minister and government, stressing that their position is intended to protect the interests of the constituencies they represent and the integrity of Namibia’s tripartite labour-relations system.
Efforts to obtain comment from Immanuel were unsuccessful by the time of publication.
