In a landmark case in Namibia, 22 hotel workers are taking their employer and a doctor to court for allegedly testing them for HIV without their informed consent. In February 2000, the owner of Oshakati Country Lodge in northern Namibia hired a doctor to conduct HIV tests on all the lodge's employees. Those who asked about the nature of the test were told it was for general hygiene.

A group of forty-one (41) Congolese refugees and asylum seekers (men, women and children) have this morning finally fled Namibia for their lives to an undisclosed destination through the neighboring Republic of Botswana. The group includes 23 children between the ages 1 and 17. According to NSHR’s latest information, the group is stranded, without food, in ‘no[wo]man’s’ land between Namibia and Botswana, some 300 kilometers east of the Namibian capital of Windhoek. NSHR has appealed to the Government of the Republic of Botswana to “accord them all the necessary assistance on humanitarian grounds”.

A group of forty-one (41) Congolese refugees and asylum seekers (men, women and children) have this morning finally fled Namibia for their lives to an undisclosed destination through the neighboring Republic of Botswana. The group includes 23 children between the ages 1 and 17. According to NSHR’s latest information, the group is stranded, without food, in ‘no[wo]man’s’ land between Namibia and Botswana, some 300 kilometers east of the Namibian capital of Windhoek. NSHR has appealed to the Government of the Republic of Botswana to “accord them all the necessary assistance on humanitarian grounds”.

Two HIV-positive Namibian women who allege they were sterilised against their will in public hospitals are seeking redress through the courts, the first of more than 20 known cases, according to the International Community for Women Living with HIV/AIDS (ICW). The ICW raised the alarm over what it terms forced or coerced sterilisations among HIV-positive women more than a year ago, after hearing accounts of it through its regular forums for HIV-positive young women.

Congolese (DRC) nationals living at the Osire refugee camp in Namibia have constituted themselves into the Association of the Voiceless (AV), a refugee rights group formed to voice concerns over dissatisfactory conditions at the ORC. The ORC is situated some 220 kilometers northeast of Windhoek.Owing to their membership in the AV, these refugees and asylum seekers have allegedly received both open and veiled threats, including imminent death, from Namibian Police officers at the camp.

More than 200,000 people in Namibia have been affected by heavy flooding near the northern border with Angola since January, the United Nations said on Friday. Fields of crops have been soaked and the loss of agricultural produce could have an impact on the region's food security, said Elisabeth Byrs, spokeswoman for the UN Office for the Coordination of Humanitarian Affairs (OCHA).

The cancellation of a popular phone-in show on Namibia's national broadcaster has raised fears that the ruling party is clamping down on media freedom ahead of national polls this year. Last week Namibia's government broadcaster NBC shut down the morning Chat Show, saying callers deluged it with hate speech and cultural insensitivity.

Comrade President, it is with a heavy heart and great deal of hesitation that I have to direct this open letter to you, as our Head of State, following what occurred at Outapi on Saturday. I deliberately decided to make this an open letter, because I would like other citizens of this great country of ours to also read it and in order for them to take note of what I have said and, further, in order for them to be witnesses thereto.

Poor nations will suffer most from climate change, in part because of heavy reliance on climate-sensitive sectors such as agriculture and fishing. Up to 30 per cent of Namibia’s Gross Domestic Product (GDP), for example, depends on the environment. Ironically, poor nations have contributed least to climate change. Namibia was estimated to be a net carbon dioxide sink in 1994 due to uptake by trees.

Almost two decades after independence Namibia’s land reform shows positive results and is guided by fair laws, but bureaucracy, slow progress in transformation of land ownership and unclear criteria for expropriation are overshadowing successes. Government plans to spend 370 million dollars over the next 12 years to acquire 10,3 million hectares of commercial farmland to resettle 6,730 families by 2020.

It has become increasingly common in Namibian society for children to head their own households and take care of other relatives, due to the death or illness of their parents and guardians, or because their parents live far away. This handbook provides guidance on how to run a child headed household. It is intended for children and youth who shoulder the responsibility of managing a home and caring for others as well as community caregivers, volunteers and relatives who provide some form of support to these households.

Namibia’s National Society for Human Rights (NSHR) strongly condemns the extraterritorial hate expression attributed to African National Congress (ANC) Gauteng Province Youth Leader Jacob Kawe over the weekend.

More Namibians are living up to the challenge to stop spread of HIV by getting tested for virus, with young people waiting longer to start sexual activity and use of condoms increasing, according to new 2006-07 Namibia Demographic and Health Survey (DHS) just released.

Namibia has become the fourth country in the region to achieve 30 percent female representation in political and decision-making positions. Three more women were appointed to parliament in Namibia in May, bringing to 24 the number of women out of a total 78 members in the National Assembly.

The Government of Namibia declared a state of emergency on 5 March 2008 in light of the current localised floods in North and North-East Namibia, particularly in the regions of Omusati, Oshikoto, Oshana, Ohangwena and Caprivi. The floods are due to the above average rainfall during January and February 2008 and the inflow of water from the Cuvelai river system in southern Angola.

Some young women have, unknowingly and forcibly, been sterilised because of their HIV status, New Era has learnt. At a workshop in Windhoek last month, which brought together 30 young women living with HIV, three participants from the Khomas, Karas and Oshikoto regions said they were forcibly sterilised. New Era spoke to two of the women who chose to remain anonymous for fear of stigmatisation. A 25-year-old Khomas woman was sterilised without her consent on October 15, 2003 at Windhoek Central Hospital after giving birth by Caesarian section.

This AfricaFocus Bulletin contains excerpts from two 2007 reports on the garment industry and AGOA, drawing on the cases of Namibia, Lesotho,and Swaziland.

1.1 Introduction

Sub-Saharan Africa has recently received substantial foreign investment in the garment industry, since the US drew up the Africa Growth and Opportunity Act (AGOA). This act is removing barriers to trade between the US and Africa, and has also facilitated the growth in trade in garments from Africa towards the US. Governments in the various countries have put a great deal of effort into attracting the garment industry, and have competed with their neighbouring countries in offering incentives for manufacturing companies to start production - and later on to continue production - in their countries.

Have these efforts been beneficial for the countries in question and who has really gained from these efforts? What have been the consequences of attracting what is known to be an unstable, footloose industry? This report brings together various case studies and analyses, and looks at the consequences of this investment for those that it should ultimately benefit; the population and workers in the garment industry in the various countries in Africa.

This report focuses on Lesotho and Swaziland as two countries that received a share of the foreign investment in the wake of the AGOA, and whose garment industries and exports have grown substantially. ...

6. Critical Issues

So far the AGOA has predominantly benefited the foreign investors that came to Sub- Saharan Africa to profit from the tariff benefits under the trade arrangements, and from the incentives provided by the various governments. In the race to attract this investment, African governments have provided substantial incentives to the industry, ranging from 0% taxes to full rebates on imports to providing factory shells and infrastructure. When they arrived in these countries, the investors identified the AGOA as the main attraction, and the incentives were more the icing on the cake. Nevertheless, for the countries in question these incentives could mean the difference between benefiting from the investments in the garment industry or totally losing out. ...

What becomes clear is that, following the MFA [Multi-Fibre Agreement] phase-out, a substantial number of companies closed down, most without paying benefits to their workers, some leaving large debts unpaid. Nevertheless, a considerable number of companies decided to continue producing, while still trying to squeeze out a bit more from the governments in their host countries. There are several interesting initiatives, notably in Lesotho, that could (potentially) improve the lives and working conditions of the workers in these industries, but a thorough study is needed to make sure that they are not, once again, geared towards benefiting the companies. ...

6.1 What have the countries gained?

The question is whether the AGOA has benefited the economies and the workers, specifically when looking at the benefits of the garment industry. ... Governments, with the support of donors, have put a great deal of effort into attracting investment, foregoing taxes, investing money in factory shells and in highly specific infrastructure, while turning a blind eye to labour abuses. ...

Neither downward pressure on labour rights nor government incentives have prevented companies from leaving the African countries where they temporarily had a presence. This creates ever more desperate attempts by countries to keep the investors, in an industry that has already cost countries too much, by offering better incentives. For instance, a company like Tri-Star was able to use the desperation of a country like Uganda for foreign investment to get the government to provide and invest in buildings and infrastructure, secure loans and credit facilities. The company left the country without repaying any of its debts, leaving behind a destitute workforce that did not even have enough money left to pay the bus fare home. And this happened after the company had already abandoned factories in Tanzania and Kenya, without repaying its debts or paying off its workers.

As is clear from the reports on the different countries, by focussing on the garment industry, countries have not accelerated industrial development in a way that enabled the countries to create new productions systems or develop the innovative capacity to input into new or existing industries.

The mostly Asian companies that have invested in the industry in Swaziland and Lesotho, for example, have invested very little in the local economies or in their own companies. Most of the companies were given factory shells, rebates, tax-free import of machinery, tax holidays, etc., without contributing much themselves. This has made it much easier for companies to start production in a country, sometimes even for a very short time period, and to leave without looking back. ...

6.2 Factory closures

As is clear from the chapters on Lesotho and Swaziland, there are no safety nets to assist workers if their factories close down or they are dismissed. Even if they are given terminal benefits, the amounts are so low that they have spent the payment within a few weeks. Companies are not informing the government nor the workers when they plan to leave the country, nor are there mechanisms in place that could stop companies from leaving. There is not enough effort being made to prevent companies fleeing the country. If they leave, there are no mechanisms in place to make sure that they pay their debts to the workers, to their suppliers, to the national banks, etc.. Governments do not set up funds for companies in which they can put deposits in case they declare bankruptcy or suddenly leave the country. Workers are often left in the cold, without their terminal benefits, sometimes without their wages for the last months and without a social plan to mitigate some of the adverse effects of the sudden unemployment.

The factories use their position to bargain for better investment conditions. For countries desperate for foreign investment and employment, this does not seem like such a bad deal. The costs incurred when companies close are high, however, both economically and socially. If the companies flee the country, they leave behind a shell and infrastructure that was constructed specifically for their needs, and for which the country has incurred high costs.

With factories closing or threatening to close, the workers are put in a complicated position. You have no real bargaining power if you expect your factory to pack up and leave at any time, and the threat of closure can always be used by the management, whether implied or real. In this situation, it is unlikely that workers will negotiate for better wages and improvement of labour conditions. As more and more factories are closing down, the possibility of finding employment elsewhere is also decreasing.

...

6.4 Employment in the garment industry

It is unquestionably the case that the most important sector in terms of employment under the AGOA has been the garment producing sector, due to the labour-intensive nature of garment producing factories and the surge in the industry. A proportion of these jobs in the sector in fact existed before the creation of the AGOA, or were associated with trade with other countries. Malawi, for example, used to export predominantly to South Africa. Since the AGOA came into existence, producers in Malawi have shifted their focus to the United States market, although employment in the sector has remained much the same.

Most of the jobs in this industry are low skilled, with very few people advancing or being trained on the job. Most of the foreign-owned companies fly in their own management, and other top and middle management are recruited in China and India, for example.

Drawn by trade agreements and other incentive programmes to countries desperate for foreign investment and jobs, investors, including Asian investors, have been able to circumvent local labour laws, as well as internationally agreed labour standards laid down in ILO conventions. In Swaziland, for example, violations documented at Asian-owned factories in the last 6 years include forced overtime, verbal abuse, sexual intimidation, unhealthy and unsafe conditions, unreasonable production targets, and anti-union repression. In 2001, when asked about their influence, the Department of Labour in Swaziland admitted that in an attempt to keep investors happy it did not pursue labour law violations to its fullest ability. They say they "can't push investors too hard," but instead are "very gentle and persuasive". Another example is the sacking of the 'AGOA girls' by the President of Uganda because the workers were "not disciplined" when they protested against bad labour conditions. While investors can see profitable returns on their investments, one wonders if workers and their communities really benefit when wages and conditions are substandard and tax abatements and subsidized infrastructure mean that little money goes back into the community. The argument that workers would otherwise have no jobs or no income should not be an argument to sustain exploitation that has consequences for generations because workers cannot even send their children to school.

* AfricaFocus Bulletin is an independent electronic publication providing reposted commentary and analysis on African issues, with a particular focus on U.S. and international policies. AfricaFocus Bulletin is edited by William Minter. AfricaFocus Bulletin can be reached at [email][email protected]

Namibia held out longer than the majority of its counterparts in Southern Africa before signing the interim economic partnership agreement (EPA) with the European Union, managing in the process to squeeze some concessions from Brussels after intense diplomatic efforts. Namibia and South Africa initially refused to sign in early December, which sent shock waves through the agricultural sector.

Asking the local Himba people where on the Cunene River in northern Namibia they would choose to site a hydroelectric dam "is like asking me which of my three children do you want me to kill", a Himba elder told IRIN. In the event, the announcement by President Hifikepunye Pohamba late last year that construction on "the Baynes hydropower project [on the Cunene River] as soon as possible", was made without consulting the Himba.

Telecom Namibia and the Xnet Development Alliance Trust announced the signing of a memorandum of understanding (MoU) to provide subsidized Internet access to more than 1 500 schools as well as other educational establishments in Namibia.