Under the Namibian Constitution, forced labour is generally prohibited. However, there are specific provisions that allow for certain exceptions, including work by prisoners. Article 9 of the Namibian Constitution addresses slavery and forced labour:
Article 9 - Slavery and Forced Labour
- No persons shall be held in slavery or servitude.
- No persons shall be required to perform forced labour.
- For the purposes of this Article, the expression "forced labour" shall not include:
- a. Any labour required in consequence of a sentence or order of a court;
- b. Any labour required of any person while he or she is lawfully detained which, though not required in consequence of a sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he or she is detained;
- c. Any labour required of a member of the defence force, the police force, or the prison service in pursuance of his or her duties as such or, in the case of a person who has conscientious objections to service as a member of a defence force, any labour which that person is required by law to perform in place of such service;
- d. Any labour required during any period when Namibia is at war or in the event of any emergency or calamity which threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period for the purpose of dealing with that situation;
- e. Any labour reasonably required as part of reasonable and normal communal or other civic obligations.
Based on these provisions, prisoners may be required to perform labour as part of their sentence or detention, provided it falls within the conditions outlined above and is not considered forced labour in the unconstitutional sense.
This approach aligns with international standards, which allow for certain exceptions to the prohibition of forced labour, particularly in the context of lawful imprisonment. It is important that any labour required of prisoners is conducted under humane conditions and does not constitute exploitation or abuse.
