Govt slack in submitting AA reports

GOVERNMENT, as the country’s largest employer, has been singled out as the main culprit in failing to submit its annual affirmative action reports as required by law to the Employment Equity Commission (EEC).

Less than half of the 27 Government ministries and offices listed with the EEC submitted reports during 2004-5. Given the failure of employers to submit reports, the extent to which Namibia’s labour sector can be effectively analysed has been skewed by the lack of data.Plans are now in the pipeline to amend the Affirmative Action (Employment) Act of 1999 to give the commission more powers to clamp down on offenders and those who fail to make appointments in accordance with the law.”The main findings of this year’s report indicate that the overall results have generally not been very satisfactory and the level of progress toward a diverse, equitable and representative workforce have been dismal,” said Employment Equity Commissioner Vilbard Usiku.As the EEC has repeatedly reported in recent years, once again, much has remained unchanged in as far as ensuring a representative workforce in the country according to the EEC’s report for 2004-05, submitted to the National Assembly this week.’STATE MUST TAKE LEAD’ Overall the figures submitted indicate that most workplaces were still far from balanced in terms of gender and colour and that little progress has been made towards equity in employment over the last four years.Employers are also rapped over the knuckles again for habitually failing to submit AA reports on time, or for not submitting them at all.”Our view is that the State must lead by example.It is becoming more difficult to put pressure on the private sector to comply when more than half of the Government departments are not,” EEC Deputy Director Otniel Podewiltz told The Namibian yesterday.Podewiltz said those employers who did submit reports, were not totally off the hook either, as the EEC had received many shoddy and sloppy reports.With fewer AA reports submitted every year than the preceding year, the Commission is of the view that the delay in prosecuting offenders encourages the violation of the law with impunity.Of the 213 instances of non-compliance, the Commission has laid charges with the Police in 155 cases.But to date, none of these have been brought before a court of law.Submissions have already been made to the Labour Minister to amend the Act to make the violation of this provision a punishable offence.Another amendment to ensure that appointments are made in accordance with the preferential listing outlined in the Act, is also being contemplated.”Most employers just ignore this provision and don’t give preference to candidates according to Section 19 of the Act,” said Podewiltz.The Act outlines the order in which employers should give preference to candidates by ranking them according to importance.THRESHOLD TO BE REDUCED Regulations attached to the Affirmative Action (Employment) Act require all employers with more than 50 employees to develop and implement affirmative action plans to achieve a fair and representative workforce.Within the next month or two, this threshold will be reduced to 25 employees through a notice in the Government Gazette.The EEC’s most recent report is based on information and data collected from employers with a combined workforce of 75 280 employees.The EEC reviewed 247 reports during the period under review – four less than the previous year.Usiku said this figure could have been much higher if all employers, especially the Public Service, had submitted their reports.Including the uniformed services, the Public Service has more than 74 000 employees.The report notes that relative progress has been made with regard to racially disadvantaged men, who improved their share of representation at management and supervisory levels, but the results achieved for women and especially persons with disabilities are disappointing, says Usiku.Analysis of reports submitted reveal that the previously racially disadvantaged (blacks) accounted for only 31 per cent of executive directors’ positions and 44 per cent of managers’ positions, while the previously racially advantaged (whites) continue to dominate executive directors’ and managers’ positions.Women accounted for a mere 13 per cent of positions at the executive directors’ level and 25 per cent of positions at management level.”The representation of designated groups in the higher echelons of the workforce profile is far from being perfect,” says the report.Persons with disabilities comprised a dismal 1,8 per cent of managerial positions.”Although there is a lack of data on staff with disabilities, it appears that there is a significant under-representation of persons with disabilities at basically every level of employment,” notes the report.The EEC has warned employers that achieving an equitable and diverse workforce is a legal obligation.The industrial sectors have, however, reported progress in implementing affirmative action, including fisheries, local governments, water and related services sectors.”The longer only lip service is paid to the affirmative action law, the longer the enforcement of the Act shall be required, as the study has correctly and logically recommended,” the report concluded.Given the failure of employers to submit reports, the extent to which Namibia’s labour sector can be effectively analysed has been skewed by the lack of data.Plans are now in the pipeline to amend the Affirmative Action (Employment) Act of 1999 to give the commission more powers to clamp down on offenders and those who fail to make appointments in accordance with the law.”The main findings of this year’s report indicate that the overall results have generally not been very satisfactory and the level of progress toward a diverse, equitable and representative workforce have been dismal,” said Employment Equity Commissioner Vilbard Usiku.As the EEC has repeatedly reported in recent years, once again, much has remained unchanged in as far as ensuring a representative workforce in the country according to the EEC’s report for 2004-05, submitted to the National Assembly this week.’STATE MUST TAKE LEAD’ Overall the figures submitted indicate that most workplaces were still far from balanced in terms of gender and colour and that little progress has been made towards equity in employment over the last four years.Employers are also rapped over the knuckles again for habitually failing to submit AA reports on time, or for not submitting them at all.”Our view is that the State must lead by example.It is becoming more difficult to put pressure on the private sector to comply when more than half of the Government departments are not,” EEC Deputy Director Otniel Podewiltz told The Namibian yesterday.Podewiltz said those employers who did submit reports, were not totally off the hook either, as the EEC had received many shoddy and sloppy reports.With fewer AA reports submitted every year than the preceding year, the Commission is of the view that the delay in prosecuting offenders encourages the violation of the law with impunity.Of the 213 instances of non-compliance, the Commission has laid charges with the Police in 155 cases.But to date, none of these have been brought before a court of law.Submissions have already been made to the Labour Minister to amend the Act to make the violation of this provision a punishable offence.Another amendment to ensure that appointments are made in accordance with the preferential listing outlined in the Act, is also being contemplated.”Most employers just ignore this provision and don’t give preference to candidates according to Section 19 of the Act,” said Podewiltz.The Act outlines the order in which employers should give preference to candidates by ranking them according to importance.THRESHOLD TO BE REDUCED Regulations attached to the Affirmative Action (Employment) Act require all employers with more than 50 employees to develop and implement affirmative action plans to achieve a fair and representative workforce.Within the next month or two, this threshold will be reduced to 25 employees through a notice in the Government Gazette.The EEC’s most recent report is based on information and data collected from employers with a combined workforce of 75 280 employees.The EEC reviewed 247 reports during the period under review – four less than the previous year.Usiku said this figure could have been much higher if all employers, especially the Public Service, had submitted their reports.Including the uniformed services, the Public Service has more than 74 000 employees.The report notes that relative progress has been made with regard to racially disadvantaged men, who improved their share of representation at management and supervisory levels, but the results achieved for women and especially persons with disabilities are disappointing, says Usiku.Analysis of reports submitted reveal that the previously racially disadvantaged (blacks) accounted for only 31 per cent of executive directors’ positions and 44 per cent of managers’ positions, while the previously racially advantaged (whites) continue to dominate executive directors’ and managers’ positions.Women accounted for a mere 13 per cent of positions at the executive directors’ level and 25 per cent of positions at management level.”The representation of designated groups in the higher echelons of the workforce profile is far from being perfect,” says the report.Persons with disabilities comprised a dismal 1,8 per cent of managerial positions.”Although there is a lack of data on staff with disabilities, it appears that there is a significant under-representation of persons with disabilities at basically every level of employment,” notes the report.The EEC has warned employers that achieving an equitable and diverse workforce is a legal obligation.The industrial sectors have, however, reported progress in implementing affirmative action, including fisheries, local governments, water and related services sectors.”The longer only lip service is paid to the affirmative action law, the longer the enforcement of the Act shall be required, as the study has correctly and logically recommended,” the report concluded.

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