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Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Lesotho (RATIFICATION: 1966)

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Article 1 of the Convention, and application of the Convention in practice. In its previous comments, the Committee requested the Government to provide a general appreciation of the practical difficulties encountered in the application of the Convention, as requested in Part V of the report form. It also requested the Government to provide a copy of the new Social Security Act when adopted, based on the Government’s indications that a bill, with an employment injury component, had been prepared. The Committee notes the Government’s indication in its report that the Social Security Bill extends the coverage of compensation in case of injuries to all workers. It further indicates that an effective fund would need to be established, in order to deal with all injuries due to accidents and occupational diseases.

The Committee hopes that the draft Social Security Act, once adopted, will provide for the equal of treatment of nationals of other member States that have ratified the Convention with the nationals of Lesotho with regard to work injury compensation, as required by Article 1 of the Convention. In this respect, the Committee requests the Government to provide a copy of the Act when adopted, indicating the provisions giving effect to the Convention.

The Committee further requests the Government to provide information on the practical application of the Convention, and in particular: i) information concerning the authorities that guarantee the application of the legislation and administrative regulations applying the provisions of the Convention ii) the decisions of tribunals involving questions of principle relating to the application of the Convention; and iii) a general appreciation of the manner in which the Convention is applied, providing for instance extracts of the report of the inspection services and statistical information concerning the number of foreign workers, their nationality, and the number and nature of accidents reported as regards such workers.

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In reply to the direct request of 2011 concerning the functioning of the employment injury scheme, the Government indicates that the draft Social Security Bill, including the employment injury component, has been prepared by the stakeholders and is expected to be enacted in 2018. The Committee hopes that the measures foreseen by the draft Bill would in particular broaden the scope of coverage of the employment injury scheme, improve its efficiency and strengthen enforcement of employers’ obligations to insure and compensate their workers in case of employment injuries. It asks the Government to include in its next report a general appreciation of the practical difficulties encountered in the application of the Convention, as requested in Part V of the report form, and to provide a copy of the Act when adopted.

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Article 3 of the Convention (in conjunction with Part V of the report form). Functioning of the employment injury protection scheme. The Committee notes the information, including statistics, provided by the Government on the application of the national legislation on occupational accidents in practice. It also notes from the Government’s report that the efficiency of the workmen’s compensation scheme, operating in the country since 1977, could be improved by covering the categories of workers that are currently excluded from the scheme and ensuring better monitoring of the reporting obligations in cases of occupational accidents and diseases. The Committee invites the Government to provide information as to any measures taken or envisaged in order to improve the effectiveness of the scheme. The Committee requests that the Government communicate with its next report statistical information on the approximate number of foreigners working in the country, their nationality, their occupational distribution and the number and nature of accidents reported in the case of foreign workers.