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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lesotho (RATIFICATION: 1998)

Other comments on C111

Observation

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication, in its report, that the labour inspectorate raised awareness of sexual harassment through several radio programmes. It further notes that, in its 2022 Voluntary National Review on the implementation of the Sustainable Development Goals Report (hereafter SDG Report), the Government acknowledges that despite progress made in passing a number of acts designed to protect women from sexual violence, this problem is difficult to combat due to a culture of silence and stigmatization associated with the scourge. In that regard, the Committee notes, from the 2022 Gender Assessment Report on Lesotho of the World Bank, that 63 percent of women experienced sexual harassment in school, the workplace, or public places. Furthermore, in its 2023 concluding observations, the Human Rights Committee noted with grave concern the high level of violence against women and girls and the fact that victims are reluctant to report such incidents, in particular for fear of stigmatization (CCPR/C/LSO/CO/2, 6 September 2023, paragraph 21). The Committee asks the Government to provide information on: (i)any proactive measures taken to prevent and combat all forms of sexual harassment (quid pro quo and hostile working environment sexual harassment) in education and vocational training institutions and at workplaces, including by increasing public awareness, as well as of the procedures and mechanisms available to seek redress; and (ii) the number of complaints or cases of sexual harassment in employment and occupation dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies provided.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes with interest the adoption of the Persons with Disability Equity Act, 2021 (Act No. 2 of 2021) which: (1) prohibits discrimination in employment and occupation against persons with disabilities and provides for the obligation for employers to provide them with reasonable accommodation in the workplace; (2) ensures access to education for persons with disabilities while recognising the need to take their special needs into consideration; (3) establishes the Persons with Disability Advisory Council (PDAC); and (4) establishes sanctions of imprisonment and a fine in case of non-compliance with the provisions regarding education and employment of persons with disabilities (sections 4, 22 and 23 of the Act). The Committee further welcomes the adoption of the Inclusive Education Policy and the multi-sectoral National Disability Mainstreaming Strategic Plan (DMSP) for 2021–25 which aims at promoting the inclusion of persons with disabilities and addressing the barriers that exclude them from equal participation in education and employment. It notes that, in the SDG Report, the Government acknowledges that persons with disabilities still face stigmatisation and inequalities in access to education and employment, in particular those in rural areas, and face greater risks of violence and exploitation. The Committee therefore asks the Government to provide information on: (i) any measures and programmes implemented to promote equality of opportunity and treatment for both men and women with disabilities in education, training and employment, in particular in the framework of the Persons with Disability Equity Act, the Inclusive Education Policy and the DMSP for 2021–25; (ii) any study or data available on their situation in education and employment and any recommendations made by the PDAC in that regard; and (iii) the number of sanctions imposed on the basis of sections 22(7) and 23(4) of the Persons with Disability Equity Act and the nature of the cases that gave rise to such sanctions.

Real or perceived HIV/AIDS status. Observing that the Government does not provide information on the HIV/AIDS Bill that was being drafted under the supervision of the National AIDS Commission, the Committee notes the Government’s statement that the new Labour Law will contain provisions extending the protection of workers against discrimination based on real or perceived HIV/AIDS status. In that regard, the Committee notes from the National Strategic Development Plan II (NSDP II) for 2018-19 – 2022–23 that the HIV/AIDS prevalence rate has been increasing from 23.1 percent in 2009 to 24.6 percent in 2014 and is significantly higher for women (29.7 per cent) than men (18.6 per cent). It further notes that the National HIV and AIDS Strategic Plan for 2018/19–2022/23: (1) acknowledges that stigma and discrimination based on real or perceived HIV/AIDS status, from the general population and duty bearers, remain a widespread problem; (2) sets as a general objective to eliminate HIV/AIDS by 2030; and (3) provides for the implementation of specific interventions, namely public awareness-raising campaigns, measuring stigma and discrimination through a Stigma Index study, establishing mechanisms to report and redress discrimination in public and private sectors, as well as advocacy measures against interrelated discrimination based on sexual orientation and gender identity. Welcoming these initiatives, the Committee asks the Government to pursue its efforts to prevent and address stigma and discrimination based on real or perceived HIV/AIDS status in employment and occupation and draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200). It asks the Government to provide information on: (i) any proactive measures taken to that end, in particular in the context of the revision of the Labour Law; (ii) any programmes and activities implemented in that regard, including in the framework of the NSDP II and the National HIV and AIDS Strategic Plan for 2018/19–2022/23 or any subsequent action plan; and (iii) any assessment made of the impact of such measures, including the number, nature and outcome of cases of discrimination based on real or perceived HIV/AIDS status dealt with by the labour inspectors, the courts or any other competent authorities.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes, from the 2023 Global Gender Gap Report from the World Economic Forum, that, the labour force participation of women remains low being estimated at 48.9 per cent, compared to 67.1 per cent for men, despite higher literacy and education levels among women. It further notes that, according to the data available from the Bureau of Statistics (BoS), in 2021, almost 60 per cent of women were employed in three main sectors namely: activities of households as employers, manufacturing and wholesale and retail trade (24.9 per cent, 18.3 per cent and 15.6 per cent of women, respectively). Furthermore, women represented the majority of the workers employed in the education, hospitality and health sectors (representing 77.8 per cent, 72.8 per cent and 64.4 per cent of the workers employed) while they represented only 2.1 per cent of the workers employed in the construction sector; 4.7 per cent in the transport sector and 6.8 per cent in the mining sector. As regards occupational categories, women represented only 33.8 per cent of the managers, compared to 62.3 per cent of clerical support workers. The Committee further notes that gender-based segregation persists in education. In that regard, the Committee welcomes the Government’s indication that: (1) the National Gender and Development Policy (NGDP) for 2018–23 aims at eliminating all forms of discrimination against women to achieve gender equality; and (2) the Gender Mainstreaming Strategy for Energy Sector for 2020-24 provides a number of interventions to facilitate gender inclusive training and employment opportunities. The Committee further notes that the NSDP II sets as specific actions to: (1) promote decent work for all, including by ensuring the transition from the informal economy to the formal economy; (2) empower women to participate equally in politics, leadership positions and economic activities; and (3) promote effective maternity and paternity protection. Observing that the above-mentioned policy and plan will end in 2023, the Committee notes that, in the SDG Report, the Government acknowledges that: (1) women are still discriminated against because of patriarchal attitudes and social and cultural norms which result in gender differences in access to economic opportunities, in particular because of the greater burden of unpaid household and care work for women; and (2) limited progress has been made regarding gender equality in practice as a result of the lack of effective enforcement of existing laws, policies and strategies. In light of the persistent vertical and horizontal occupational gender segregation and stereotypes, the Committee asks the Government to pursue its efforts and provide information on: (i) any awareness-raising activities carried out for workers, employers and their respective organizations, labour inspectors, judges and society in general with a view to combating gender stereotypes and the occupational segregation of women, including as a result of women being seen as primary caregivers; (ii) any proactive measures taken, in particular as a result of the of NGDP and the NSDP II; and (ii) the participation of men and women in vocational training, employment andoccupation, disaggregated by occupational categories, both in the public and private sectors, where possible.

Awareness-raising and enforcement. The Committee notes the Government’s statement that no case on discrimination was dealt with by the labour inspectorate or the courts. The Committee wishes to recall that no society being free from discrimination, the absence of complaints on discrimination is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870). In that regard, the Committee welcomes the adoption of the Judiciary Strategic Plan for 2022–27 which aims at ensuring a judiciary that delivers accessible, swift and quality justice. It further notes that, in its 2023 concluding observations, the Human Rights Committee expressed concern about: (1) the negative impact of the limited resources and chronic under-resourcing in the judicial system, which compromises the independence and integrity of individual judges and the institution as a whole; (2) the lack of skilled judges and prosecutors; (3) the significant delays in the administration of justice and the delivery of judgments; and (4) the allegations of misbehaviour in public and cases of corruption among officials of the judiciary (CCPR/C/LSO/CO/2, 6 September 2023, paragraph 45). The Committee asks the Government to provide information on: (i) any measures taken to ensure a better access to justice in cases of discrimination; (ii) any activities undertaken to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available; and (iii) any cases or complaints concerning discrimination in employment and occupation dealt with by the labour inspectors, the courts or any other competent authorities, as well as any decision issued in this regard, specifying the sanctions imposed and remedies granted.

Statistics. The Committee notes that the Government’s report does not contain statistical data. In that regard, the Committee welcomes the adoption of the second National Strategy for Development of Statistics (NSDS II) for 2022–23 and 2026–27, launched in March 2022. The Committee asks the Government to provide information on: (i) any progress made in collecting and compiling data disaggregated by sex on employment in all sectors; and (ii) to provide any updated statistical data available in that regard, disaggregated by sex and by sector, where possible, as well as any data available on employment in the informal economy, to enable the Committee to assess the effect given to the Convention in practice.