Texts of pending comments

Article 4 of the Convention. Total or partial exceptions. In previous comments, the Committee had requested the Government to provide information on the progress made to reach agreement on the weekly rest scheme for workers in the mining company Letseng Diamonds (Pty) Ltd through consultations. The Committee notes that the Government indicates in its report that the Labour Code (Exemption of Diamond Mining Industry from sections 117 and 118) Regulations 2021, adopted in consultation with employers’ and workers’ organizations within the National Advisory Committee on Labour (NACOLA), provides for special weekly rest arrangements for this category of workers. The Committee takes note of this information, which addresses its previous request.

Article 5. Compensatory rest. In its previous comments, the Committee had noted that the Labour Code Order did not contain a general provision guaranteeing compensatory rest in case of total or partial exceptions to the ordinary weekly rest period. In this regard, the Committee notes the Government’s indication that the Labour Code Bill 2021 is at an advanced stage of promulgation and that it will give effect to Article 2 of the Convention. The Committee requests the Government to take the necessary measures to ensure that provision is made, as far as possible, for compensatory periods of rest in case of permanent or temporary exceptions to the weekly rest principle irrespective of any monetary compensation, including in the framework of the Labour Code Order’s revision process, as required by Article 5 of the Convention. It also requests the Government to transmit a copy of any new relevant legal text, once adopted.

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.

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

The Committee notes that in November 2020, the Governing Body approved the report of the tripartite committee set up to examine the representation submitted by the United Textile Employees (UNITE), the National Clothing Textile and Allied Workers Union (NACTWU) and the Lentsoe La Sechaba (LSWU), under article 24 of the ILO Constitution (GB.340/INS/18/8). Noting that the representation concerned the issue of consultations with workers’ representatives and their effective association in the operation of the minimum wage-fixing machinery, the Committee will examine the follow-up given to the recommendations of the tripartite committee under Article 3 below.

Article 3 of the Convention. Operation of the minimum wage-fixing machinery. Consultation of employers’ and workers’ organizations. In its previous comment, the Committee requested the Government to provide detailed information on the process which will lead to the next revisions of the minimum wage rates, including on the consultations. The Committee also notes that the Governing Body in its decision on the representation invited the parties to avail themselves of ILO technical assistance with a view to further supporting the participation of the social partners in, and the effective functioning of, the minimum wage-fixing machinery in the country. In this respect, the Committee notes that the Government indicates in its report that: (i) new members have been appointed to the Wages Advisory Board (WAB), following the expiry of the former mandate, and that they will be trained in the exercise of their functions regarding the minimum wage-fixing and the rules and procedures of the WAB; (ii) ILO technical assistance has been sought in this regard; (iii) although the WAB aborted the process of revising the minimum wage rates in 2020 due to the outbreak of COVID-19, they were finally revised in 2021; and (iv) negotiations on the revision of the minimum wage rates are expected to begin by November 2021. In this context, the Committee requests the Government to continue to provide information on the process of revision of the minimum wage rates and on the consultations held in this regard, including on the results of the training provided to the new members of the WAB. The Committee hopes that in this framework, the Government will be able to further avail itself of ILO technical assistance to support the social dialogue process on minimum wage-fixing in the country.

Article 3 of the Convention. Right of workers’ and employers’ organizations to organize their activities and formulate their programmes. In its previous observations, the Committee had noted that section 198F of the Labour Code grants specific advantages (access to premises to meet representatives of the employer, to recruit members, to hold a meeting of members and to perform any trade union functions in terms of a collective agreement) to trade unions representing more than 35 per cent of employees, and that section 198G(1) of the Labour Code provides that only members of registered trade unions representing more than 35 per cent of the employees in enterprises employing 10 or more employees were entitled to elect workplace union representatives. The Committee requested the Government to take measures, including in the context of the ongoing labour law reform, to ensure that the distinction between most representative and minority unions does not result, in law or in practice, in granting privileges that would unduly influence workers’ free choice of organization. The Committee notes that the Government indicates that in the draft revised Labour Code, which has not been tabled before the Parliament, the distinction between the most representative and the minority unions will not unduly influence the workers' choice of organization, as bargaining rights are granted to both majority and minority trade unions. The Committee once again recalls that the distinction between most representative and minority unions should be limited to the recognition of certain preferential rights (for example, for such purposes as collective bargaining, consultation by the authorities or the designation of delegates to international organizations). The Committee encourages the Government to also include in the revision of the Labour Code the consideration of measures to amend sections 198F and 198G(1) to ensure that workers’ free choice of organization is not unduly influenced by the privileges granted by these provisions, and to send a copy of the revised Labour Code once adopted.

Articles 2, 3 and 5. Public officers’ associations. The Committee had previously noted that section 14(1)(b), (c) and (d) of the Societies Act required registered societies to supply to the Registrar-General, upon his or her order at any time, a list of office bearers and members of the society, the number and place of meetings held within the preceding six months, and such accounts, returns and other information as he or she thinks fit. It requested the Government to pursue its efforts to amend the Public Service Act to ensure that organizations of public officers were not subject to the obligations outlined in section 14(1)(b), (c) and (d) of the Societies Act, and that their supervision was limited to the obligation of submitting periodic financial reports or where there were serious grounds for believing that the actions of an organization were contrary to its rules or the law. The Committee further expressed its firm hope that the Government would take the necessary measures to ensure that public officers were able to establish and join federations and confederations, and affiliate with international organizations. The Committee notes that the Government indicates that: (i) the Ministry of Public Service is still awaiting Cabinet approval for the review of the Public Service Act; (ii) the draft revised Labour Code has abolished the divided system of labour law and will apply to all sectors of the economy, including the public service; (iii) a Labour Policy which underlines the application of international labour standards to all workers across sectors, including public servants, has been approved; and (iv) the Ministry had requested technical assistance from the ILO but the workshops that were scheduled were suspended because of the COVID-19 pandemic and the nationwide lockdowns. The Committee expects that the review of the Public Service Act will be conducted in the near future and will ensure that organizations of public officers are exempted from the application of section 14(1)(b), (c) and (d) of the Societies Act and that their supervision is limited to the obligation of submitting periodic financial reports or where there are serious grounds for believing that the actions of an organization were contrary to its rules or the law. The Committee also requests the Government to provide information on the specific measures taken, within the framework of the labour law reform, to ensure that public officers are allowed to establish and join federations and confederations, and affiliate with international organizations, in accordance with Article 5 of the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

Civil liberties. The Committee previously requested the Government to provide its detailed reply to allegations by the International Trade Union Confederation (ITUC) that the Secretary General and Acting President of the Lesotho Correctional Service Staff Association was suspended and subsequently dismissed in 2016 for commenting publicly on a Correctional Service Bill, which regulated offences and punishment for the correctional service staff. The Committee takes note of the Government’s indication that the Secretary General of the above-mentioned association was interdicted in January 2016 for airing issues that were still being addressed internally and affected the security of the State, without the authorization of the institution. The Government further informs that the Secretary General already had a case of insubordination against him at the moment of the interdiction, which led to his dismissal. On the other hand, the Committee observes that the ITUC observations indicated that the grounds for dismissing the Secretary General were entirely related to the interventions he had made as a trade union leader with respect to the Correctional Service Bill. In this vein, the Committee recalls that the right to express opinions without previous authorization through the press is one of the essential elements of the rights of occupational organizations. The Committee requests the Government to review its course of conduct in light of the foregoing and to reverse any measure, including dismissal, that may have been imposed on the Secretary General and Acting President of the Lesotho Correctional Service Staff Association in which his exercise of freedom of expression in the context of his trade union activities was a factor.

Article 3 of the Convention. Public Service Act. Restrictions on the exercise of the right to strike and compensatory guarantees. In its previous comments, the Committee requested the Government to take measures to amend section 19 of the Public Service Act to ensure that public servants other than those exercising authority in the name of the State were able to exercise the right to strike and that adequate compensatory guarantees existed for workers who were deprived of the right to strike. It further requested the Government to provide information on measures taken in that respect, including any awareness-raising activities carried out on the issue. The Committee notes that the Government reports that numerous meetings in the fiscal year 2018-19 have taken place between the Ministry of Labour and Employment and the Ministry of Public Service to assist the latter in appreciating its role as an employer as opposed to being the regulator or an executive arm of the Government. The Committee further notes that the Government indicates that it will provide a copy of the Public Service Act as soon as the law has been amended. The Committee expects that section 19 of the Public Service Act will be modified shortly to ensure that the prohibition of the right to strike in the public service is limited to public servants exercising authority in the name of the State and that adequate compensatory guarantees are provided to workers who are deprived of the right to strike. The Committee requests the Government to inform on any developments in this respect.

Protest action. The Committee previously requested the Government to provide its detailed comments on allegations by the ITUC that public servants and workers in the Lesotho Correctional Service were prohibited by the Ministry of Public Service from participating in a stay-away action and protest march organized in May 2016 by a number of non-state actors, trade unions and businesses represented by the Lesotho Chamber of Commerce and Industry. The Committee notes the Government’s indication that the Guidelines on Grievance Procedure in the Department for Staff, which became a Standing Order after being adopted through the Corrections Internal Circular No. 58 of 2012, provide a procedure to follow when there is a complaint in relation to major social and economic policy trends which have a direct impact on the staff, and further notes that the procedure set forth in the Guidelines calls for informal resolutions or formal hearings within a department. The Government also notes that the legislative base for these guidelines is the Prison Proclamation No. 30 of 1957. On the other hand, the Committee recalls that the ITUC alleged that the above-mentioned prohibition was broadly applicable to all civil servants and observes that the Government does not provide any comments in this respect. While acknowledging that civil servants exercising authority in the name of the State may have their right to strike restricted, the Committee considers that trade unions responsible for defending socio-economic and occupational interests should be able to use strike action or protest action to support their position in the search for solutions to problems posed by major social and economic policy trends which have a direct impact on their members (see the 2012 General Survey on the fundamental Conventions, paragraph 124). In light of the foregoing, the Committee requests the Government to indicate whether public servants may, with the only possible exception of those exercising authority in the name of the State, participate in strike actions. It further requests the Government to specify whether public servants, including workers in the Lesotho Correctional Service, are allowed to otherwise participate in protest actions to defend their occupational and economic interests.

Article 4 of the Convention. Promotion of collective bargaining. Recognition of the most representative union. In its previous comments, the Committee noted that section 198A(1)(b) of the Labour Code defined a representative trade union as a “registered trade union that represents the majority of the employees in the employ of an employer”, and that section 198A(1)(c) specified that “a majority of employees in the employ of an employer means over 50 per cent of those employees”. It requested the Government to take the necessary measures in the context of the labour law reform to ensure that if no union reached the required majority to be designated as the collective bargaining agent, minority unions would be given the possibility to bargain collectively, jointly or separately, at least on behalf of their own members. The Committee notes that the Government indicates that in the labour law reform, all recognised unions are given bargaining rights and therefore minority unions should also enjoy the right to bargain collectively. While taking due note of these elements, the Committee requests the Government to provide information on the specific measures taken within the framework of the labour law reform to ensure that the rules determining the access of trade unions to collective bargaining comply with the Convention, and to provide copies of any laws or regulations adopted in this regard.

Representativeness requirements for certification of a union as the exclusive bargaining agent. The Committee previously noted that section 198B(2) of the Labour Code provides that the arbitrator may conduct a ballot “if appropriate” in the determination of disputes concerning trade union representativity. It also noted that the drafting instructions for the 2016 consolidation and revision of the Labour Code referred to the introduction of a formal requirement for ballots to be held in determining trade union representativeness, removing the arbitrator’s discretion as to whether a ballot is appropriate. The Committee takes note of the Government’s indication that it has undertaken to put in place regulations upon the enactment of the revised Labour Code to ensure that disputes which require the holding of secret vote to determine which trade union is most representative are in fact disposed of by means of a ballot. It further notes that the Government indicates that a copy of the envisaged regulations will be provided once adopted. The Committee expects that the ongoing labour law reform will be completed shortly and that the revised Labour Code and its accompanying regulations will ensure that a vote by secret ballot is held for the determination of disputes regarding trade union representativity. It requests the Government to provide a copy of the abovementioned texts once adopted. Moreover, the Committee once again requests the Government to take the necessary measures to ensure that the revised Labour Code allows new organizations, or organizations failing to secure a sufficiently large number of votes, to ask for a new election after a reasonable period has elapsed since the previous election.

Collective bargaining in the education sector. The Committee previously noted the Government’s indication that the drafting instructions for the 2016 consolidation and revision of the Labour Code identified that the Education Act should be clarified to state that teachers enjoy collective bargaining rights. It noted that section 64 of the Education Act of 2010 provided that a teacher had a right to form or become a member of any teacher formation, and that a teachers’ formation representing more than 40 per cent of practising teachers could apply for recognition to the Minister. The Committee requested the Government to provide information on the amendment to the Education Act and to ensure that if there is no union that reaches the required threshold to be designated as the collective bargaining agent, minority unions should be given the possibility to bargain collectively, jointly or separately, at least on behalf of their own members. It also requested the Government, in the meantime, to provide information on the application of section 64 of the Education Act in practice. The Committee notes the Government’s indication that there is no amendment of the Education Act of 2010 to date. It further notes that the Government informs that the Progressive Association of Lesotho Teachers has been recognized by the Ministry of Education and Training as the largest trade union in Lesotho, as per section 64 of the Education Act of 2010. The Government indicates, however, that when giving effect to this provision in practice, the minority unions are always included in the negotiations on issues relating to their members. While taking due note of this information, the Committee requests the Government to take, within the context of the labour law reform, the necessary measures to ensure that the right of teachers to bargain collectively is explicitly recognized in the legislation in a manner that, as mentioned in its previous comments, gives full effect to the Convention. The Committee also reiterates its previous requests to the Government to provide information on any collective bargaining agreements reached with teachers in the public and private sectors.

Collective bargaining in practice. The Committee requests the Government to provide information on the number of collective agreements signed and in force in the country and to indicate the sectors concerned as well as the number of workers covered.

Article 5(1) of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide updated detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention. The Committee notes that the Government, in its report, does not provide the information requested. The Committee therefore once again requests that the Government provide updated detailed information on the content and outcome of the tripartite consultations held on all matters concerning international labour standards covered by Article 5(1)(a)–(e) of the Convention, especially those relating to the questionnaires on Conference agenda items (Article 5(1)(a)); re-examination of unratified Conventions (Article 5(1)(c)); reports to be presented on the application of ratified Conventions (Article 5(1)(d)); and proposals for the denunciation of ratified Conventions (Article 5(1)(e)).

Article 5(1)(b). Submission to Parliament. The Committee previously requested the Government to indicate whether tripartite consultations had been held with respect to the proposals made to the National Assembly and to the Senate in connection with the submission of the four instruments adopted by the Conference at its 103rd, 104th and 106th sessions (2010–17), including information regarding the date(s) on which the instruments were submitted to the competent authorities. It also requested the Government to provide information on the content and the outcome of tripartite consultations held in relation to the submission of the Violence and Harassment Convention, 2019 (No. 190), and its accompanying Recommendation. The Committee notes the Government’s indication that an audience was provided to the Minister of Labour to report to the National Assembly and the Senate on all adopted international labour instruments pending submission. The Government indicates that a limited number of sessions have been held by the two houses due to the COVID-19 pandemic and that it is awaiting their directions regarding the presentation of the Minister of Labour. The Committee notes, however, that the Government does not indicate whether the social partners were consulted with respect to the submission of the above-mentioned instruments. The Committee therefore reiterates its request that the Government provide detailed information on the holding of tripartite consultations regarding the proposals made to the National Assembly and to the Senate in connection with the submission of the six instruments adopted by the Conference at its 103rd, 104th, 106th and 108th sessions (2010–19), including information regarding the date(s) on which these instruments were submitted to Parliament.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Labour law review. Following its previous comment, the Committee notes the Government’s indication in its report that the Labour Draft Bill 2021, that has been developed with the assistance of the ILO, will soon be transmitted to the Office of the Attorney-General for certification upon editing by the Office of Parliamentary Counsel. Taking note of this information, the Committee requests the Government to continue to provide information on the progress made with the review of the national labour legislation and to supply a copy of the relevant legislative texts, once they have been adopted.

Articles 4 and 10 of the Convention. Organization, staff and material resources of the labour administration system. The Committee previously noted the Government’s reference to persisting problems relating to the organization of the labour administration system, in particular the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Committee also noted that a plan of the Ministry of Labour and Employment was meant to provide for an increase in the number of labour inspectors and the establishment of a separate inspection unit at the Ministry of Labour. The Committee notes the Government’s indication that the Ministry of Labour & Employment initially intended to engage 120 labour inspectors, but due to the lack of space to accommodate them and the outbreak of COVID-19, which impacted on the economy of the State, only 14 labour inspectors were engaged on a 3 year basis. The Government indicates that the recruitment of more inspectors is planned, as well as the restructuring of the Ministry.

The Committee further notes that in July 2019, three labour inspectors participated in a Basic Labour Market Training that was held at the African Regional Labour Administration Centre with the purpose to assist the inspectors to appreciate the dynamics of the labour market. In addition, it notes that the Acting Inspections Manager and the Senior Legal Officer underwent a two months online Skills Dimensions of Labour Migration course offered by the ILO. The Committee notes that the Government has not provided a reply in relation to the distribution of functions between the Labour Department and the Occupational Safety and Health Directorate. The Committee requests once again the Government to provide information on the measures taken to improve the organization and coordination of the labour administration system, including on the ministerial restructuring and its impact on the labour administration system. It further requests that the Government provide information on the measures taken or contemplated to ensure that the labour administration system has adequate material resources and that the staff has the status and working conditions necessary for the effective performance of their duties. Finally, the Committee requests the Government to continue to provide information on the engagement of additional labour inspectors and on any training given to labour administration staff (subjects covered, numbers of participants, duration and frequency).

Articles 5 and 6. Employment policy and tripartite consultation. Following its previous comment, the Committee notes the Government’s indication that the development of the National Employment Policy has been put on hold. The Government indicates that the Ministry of Labour & Employment advocated for the development of a single labour policy, which would be translated into various strategies, including an employment strategy that would replace the national employment policy. Noting that the adoption of the national employment policy has been pending for many years, the Committee requests the Government to provide information on progress made and obstacles encountered in the adoption and implementation of the national labour policy, including the employment strategy, and to supply a copy once it has been adopted. It also requests the Government to provide information on the consultations held in this regard.

Article 7. Gradual extension of the functions of the labour administration system. The Committee notes that the Government’s report refers to a study on the informal sector, which, however, was not transmitted with the Government report. The Committee requests the Government to indicate how the study on the informal economy will be used to formulate a policy on the extension of the scope of the labour administration system to this sector. It also requests the Government to provide a copy of the study.

Application of the Convention in practice. Following its previous comment, the Committee takes note of the annual report of the Directorate of Dispute Prevention and Resolution (DDPR) (2019–20) sent by the Government with its report. The Committee notes that the DDPR faced two major challenges, namely limited financial resources and the COVID-19 pandemic, resulting in particular in a shortage of human resources and a lack of material resources. In this regard, the Committee notes that, among others, the activities in the area of prevention of disputes, consisting of training workshops, radio programmes and the issuance of educational pamphlets, have been compromised by this lack of resources. It further notes that in the area of dispute resolution, the Department has encountered difficulties due to the limited number of arbitrators, which has increased the number of pending cases, and also due to the grievance that has been lodged as a result of the reduction in their remuneration. It notes, however, that arbitrators who had been working on fixed-term contracts are now on indefinite contracts. The Committee requests the Government to provide information on the measures taken to strengthen the dispute prevention and resolution system and to address the difficulties mentioned. It further requests the Government to continue to furnish extracts of reports or other periodic information provided by the principal labour administration services.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 45 (underground work (women)), 155 (OSH) and 167 (safety and health in construction) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 9(2). Adequate penalties. In its previous comment, the Committee noted the Government’s indication that employers who breach OSH provisions may be sentenced by the court to a fine of 600 Lesotho Loti (39 USD) or to imprisonment for three months, or both, in accordance with section 239 of the Labour Code. However, the Committee notes that, according to the Government, in the case of any OSH violations there are no prosecutions and the owner of the enterprise would be given a warning and would be instructed to rectify. The Committee requests the Government to take the necessary measures to ensure the provision of adequate penalties for OSH violations and their effective application. It also requests the Government to provide information on the application of the relevant provisions in practice, including the violations detected and the penalties imposed.

Article 11(d). Inquiries. The Committee notes the Government’s indication, in reply to its previous request, that when occurrences are designated as dangerous by the Labour Commissioner, they are subject to an inquiry. The Committee notes the “Incident Investigation Form” transmitted by the Government together with its report, which contains information on the company, the incident descriptions and/or injury information, the incident classification, the root causes, the recommended corrective actions to prevent future incidents and the summary of principal key learning from the incident. The Committee takes note of this information, which addresses its previous request.

Article 14. Promotion of occupational safety and health in education. Following its previous comment, the Committee notes the Government’s indication that, although there are no specific legislative provisions regarding the promotion of OSH at all levels of education, the Council of Higher Education has been made aware that OSH principles should be observed and incorporated in the manual of instructions of higher learning. The Government indicates that it hopes that the same sensitization and awareness-raising will be extended to other levels of education. The Committee requests the Government to continue to provide information on the measures taken in practice to include OSH issues at all levels of education and training.

Article 19(c) and (e). Information and consultation at the level of the undertaking. The Committee notes the Government’s indication in its report submitted under Convention No. 167, that section 93 (4) of the Labour Code provides that every employer shall consult employees’ representatives who sit on the safety and health committee, with a view to making and maintaining arrangements which will effectively promote measures of safety and health at work, and in checking the effectiveness of such measures. The Committee also notes the Government’s indication that the national OSH policy provides for workers to take part in hazard identification and risk assessment. The Committee requests the Government to indicate the provisions of national legislation ensuring that workers or their representatives and their representative organizations are enabled to enquire into all aspects of OSH associated with their work.

B. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

The Committee recalls that the ILO Governing Body (at its 334th Session, October–November 2018), on the recommendation of the Standards Review Mechanism (SRM) Tripartite Working Group, classified Convention No. 45 as an outdated instrument, and has placed an item on the agenda of the International Labour Conference in 2024 (112th Session) for due regard to be given to its abrogation. The Governing Body also requested the Office to follow up with member States currently bound by Convention No. 45 to encourage the ratification of up-to-date instruments related to OSH, including but not limited to the Safety and Health in Mines Convention, 1995 (No. 176), and to undertake a campaign to promote the ratification of Convention No. 176. The Committee therefore encourages the Government to follow up on the Governing Body’s decision at its 334th Session (October–November 2018) approving the recommendations of the SRM Tripartite Working Group, and to consider ratifying the most up-to-date instruments in this subject area.

2. Safety and Health in Construction Convention, 1988 (No. 167)

Legislation. Following its previous comment, the Committee notes the Government’s indication that the national OSH policy adopted in 2020 will set the foundation for the enactment of the OSH Act, which will give effect to the principles provided by the Convention. The Committee further notes that the information provided by the Government responds to its previous request on the effect given to Articles 6, 10, 13, 14, 17(3) and 21 of the Convention. The Committee requests once again the Government to indicate how effect is given to Article 5 on technical standards and codes of practice; Article 8 on cooperation between two or more employers simultaneously undertaking activities at one construction site, and on cooperation duties of self-employed persons; Article 23(3) on safe and sufficient transport where work is done over or in close proximity to water; Article 27(b) on explosives not to be stored, transported, handled or used except by a competent person; Article 28(2)(a) on replacement of hazardous substances by harmless or less hazardous substances and disposal of waste; Article 31 on removal for medical attention. The Committee also refers to 2021 observation under Convention No. 155 regarding the adoption of the OSH Act.

Articles 1(3) and 7 of the Convention. Self-employed persons. The Committee notes the Government’s statement in its report, in reply to its previous request, that the new OSH Act, which the Government intends to adopt, will cover all workers and employers in all sectors of the economy and in all forms of employment relationships, including self-employed persons. Taking due note of this information, the Committee requests the Government to provide information on the developments in this respect.

Articles 11(d) and 12. Workers’ rights to report any situation presenting a risk and which they cannot properly deal with themselves and right to removal. The Committee notes that according to the Government, the national OSH policy includes the right of the workers to refuse to undertake any work that is not safe because of hazards existing before the commencement of the job. The Government indicates that the policy also provides for workers to take part in hazard identification and risk assessment. The Committee request the Government to take the necessary measures, in the context of the adoption of the OSH Act, in order to ensure that workers have the right to report to their immediate supervisor, and to the workers' safety representative where one exists, any situation which they believe could present a risk, and which they cannot properly deal with themselves. It also requests the Government to take measures to ensure that a worker shall have the right to remove himself from danger when he has good reason to believe that there is an imminent and serious danger to his safety or health.

Application of the Convention in practice. Following its previous comment, the Committee notes the statistical information provided by the Government on the number of occupational injuries with a breakdown by cause, nature and outcome of the accident for the period 2019–20. However, the Committee notes that the Government does not provide information on the number of workers covered by the legislation and the cases of occupational disease. The Committee requests the Government to continue to provide information on the manner in which the Convention is applied in practice, including on the number of workers covered by the legislation, the number, nature and cause of occupational disease and extracts from the reports of inspection services.

Articles 1 and 2 of the Convention. Scope of application. Public employees. The Committee notes the Government’s indication, in reply to its previous request, that the national occupational safety and health (OSH) policy adopted in 2020 will pave the way for the adoption of the OSH Act, which will ensure that public employees benefit from the protection of the provisions of the Convention. The Committee further notes the Government’s reference to section 138 of the Public Service Regulations, 2008, which provides that the Head of Department shall establish and maintain a safe and healthy work environment for public officers, and that a public officer shall not engage in any activity that threatens the safety of other public officers. Taking due note of this information, the Committee requests the Government to continue to provide information on the measures taken or envisaged to ensure that public employees benefit from the protection of the provisions of the Convention, as well as any progress made regarding the adoption of the envisaged OSH Act. It request the Government to provide a copy of the national OSH policy and the relevant legislation, once adopted.

Articles 13 and 19(f). Protection of workers removed from imminent and serious danger. Following its previous comment, the Committee notes the Government’s statement that the Labour Code Bill 2021 will give effect to these provisions of the Convention. The Committee also notes the Government’s indication in its report under Convention No. 167, that the national OSH policy includes the right of the workers to refuse to undertake any work that is not safe because of hazards existing before the commencement of the job. The Committee requests the Government to provide information on any progress made towards the amendment to the Labour Code and to provide a copy of the relevant legislation as soon as it has been adopted, indicating the specific provisions giving effect to these Articles of the Convention.

Article 17. Collaboration between two or more undertakings engaged in activities simultaneously at the same workplace. The Committee notes the Government’s reference, in reply to its previous request, to section 25 of the Workmen’s Compensation Act of 1977, which concerns liability in case of workers employed by contractors. However, the Committee observes that Article 17 of the Convention refers to a situation where two or more undertakings are engaged in activities simultaneously at one workplace and collaboration is required in applying the requirements of the Convention. The Committee requests once again the Government to take measures to ensure in law and in practice that whenever two or more undertakings engage in activities simultaneously at one workplace, they collaborate in applying the provisions regarding OSH and the working environment.

The Committee is raising other matters in a request addressed directly to the Government.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative and institutional framework. The Committee previously requested the Government to provide information on the measures taken to prevent, suppress and punish trafficking in persons, including the measures taken within the National Anti-Trafficking in Persons Strategic Framework and Action Plan (NATPSF-AP 2014–2016).

The Committee notes the Government’s information in its report that the NATPSF-AP has been revised and a new action plan 2018–2023 has been adopted. It also notes the Government’s information that a Multi-sectoral Committee for combating trafficking in persons which oversees all issues pertaining to trafficking in persons has been established. The Multi-sectoral Committee comprises members from various Government ministries, law enforcement agencies, the judiciary and non-governmental organizations. According to the Government’s report, the Multi-sectoral Committee provided training to 33 police officers on investigative skills and three prosecutors on implementing the provisions of the Anti-trafficking in Persons Act. Moreover, 24 newly appointed diplomats were sensitized on anti-trafficking issues and ten labour inspectors were trained on identification of trafficking cases.

The Committee also notes the information from the International Organization for Migration (IOM) that a project entitled “Strengthening the response of the Government of Lesotho and civil society to address trafficking in persons” has been initiated in Lesotho. This project, which shall be implemented up to March 2022, aims to strengthen the trafficking in persons response including the identification, protection and referral of potential victims of trafficking at district and national levels. It will also support the Multi-sectoral Committee to deliver on its mandate to prevent and identify trafficking in persons cases and enhance protection of victims. The Committee further notes from the official website of the Government of Lesotho that Phase II project on counter trafficking and addressing irregular migration through strengthening border and migration management, sensitization on trafficking in persons and building capacity of law enforcement and border officials was launched in 2019. The Committee requests the Government to provide information on the concrete measures taken within the framework of the counter trafficking and addressing irregular migration project Phase II, the project on strengthening the response of the Government and civil society to address trafficking in persons, and the revised Anti-Trafficking in Persons Strategic Framework and Action Plan 2018–2023 in combating trafficking in persons and the results achieved. It also requests the Government to continue providing information on the activities carried out by the Multi-sectoral Committee in preventing and identifying cases of trafficking.

2. Protection and reintegration of victims. The Committee previously noted the Government’s indication that, although it had not established a victim care centre or a fund to protect and rehabilitate victims of trafficking, medical, psychological and legal services, and life skills workshops were made accessible to victims at government hospitals and clinics. It also noted that the Government had collaborated with civil society organizations to run care centres to provide assistance to victims of trafficking. The Committee requested the Government to continue to provide information on the measures taken to provide protection and assistance to victims with a view to facilitating their subsequent reintegration into society.

The Committee notes the Government’s information that the Ministry of Home Affairs is in the process of establishing a permanent home for victims of trafficking. The Committee requests the Government to provide information on the protection and assistance measures taken or envisaged for victims of trafficking in the home, and on the number of victims who are benefiting from such measures.

3. Adequate penalties. The Committee previously observed that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly be convicted only to pay a fine. In this regard, the Committee noted the Government’s reference to two trials before the court for which a conviction was secured. The Committee requested the Government to provide information on the number of investigations carried out, convictions and penalties imposed on perpetrators pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act.

The Committee notes the Government’s information that to date, 56 cases of trafficking in persons have been recorded, of which 12 are under investigation and 24 have been closed and declared as not related to trafficking. Two persons accused have been acquitted and one person has been convicted and sentenced to two years’ imprisonment. In this regard, the Committee notes from the Government’s report of November 2019 to the Human Rights Council that the challenge in the judicial proceedings related to cases of trafficking is the non-availability of the victims for trial (A/HRC/WG.6/35/LSO/1, paragraph 56). The Committee requests the Government to take the necessary measures to strengthen the judicial proceedings related to trafficking in persons, including through conducting thorough investigations and taking appropriate measures for gathering evidence required to prosecute the perpetrators, to ensure that adequate penalties are strictly enforced in accordance with Article 25 of the Convention. The Committee also requests the Government to continue to provide information on the application in practice of section 5(1) and (2) of the Anti-Trafficking in Persons Act, supplying information on the number of investigations carried out, convictions and penalties imposed.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the court may pass a sentence not exceeding 18 months of imprisonment) with an order to perform community services. It also noted the Government’s indication that Rule 16 of the Community Service Sentence Rules of 1999 provides for consent of the convicted person to do community work as an alternative sentence. The Committee requested the Government to provide a copy of the Community Service Sentence Rules of 1999. It notes that the Government has not provided a copy of these Rules. The Committee therefore once again requests the Government to provide a copy of the Community Service Sentence Rules of 1999.

Articles 1, 2 and 4 of the Convention. Promotion of equal remuneration for men and women for work of equal value. Cooperation with the social partners. Noting that the Government’ report does not respond to its previous request on this issue, the Committee again asks the Government to take action to specifically promote the principle of equal remuneration for men and women for work of equal value and raise awareness of the means of implementing this principle, such as the promotion of objective job evaluation methods in the private sector, and organize training for workers, employers and their respective organizations. It further reiterates its request to the Government to provide information on any measures taken to promote the inclusion of the principle of the Convention in collective agreements.

Article 3. Objective job evaluation. Public service. The Committee previously noted that the Job Evaluation Report concentrated mainly on grading structure and evaluation results for different job families (134 jobs selected from 1,400 jobs across ministries and agencies) and was implemented through a salary review in 2013 and the upgrading of some positions. It recalls that an Assessment and Development Centre (CAD) has been established in the Ministry of Public Service to ensure that the recruitment process in the public service is based on merit and the candidate’s competency. The Committee notes that the Government merely provides a general statement in its report that men and women have equal opportunities in law and practice, and that there are no specific positions for men and women. The Government also refers to a decision of the Public Accounts Committee (PAC) in which it decided to raise the salary of a female officer who was paid less than her male counterparts in the Ministry of Mining. The Committee once again asks the Government to provide detailed and specific information on the manner in which the principle of the Convention was taken into consideration in the 2013 salary review. More specifically, it requests the Government to provide information on the impact of the implementation of the job evaluation process in the public service, including the salary review, on jobs mainly held by women and on any gender pay gap. The Committee also asks the Government to indicate if and how the principle of the Convention is taken into account by the CAD, and if there are any studies on differences in the earnings of men and women in the public service.

Statistical information. The Committee notes from the Government’s 2019 report on the implementation of the Beijing Declaration that efforts are made to develop gender-specific data collection tools (Beijing+25 report, page 69). The Committee also notes the Government’s request for technical assistance. The Committee welcomes the Government’s initiative in this regard and asks the Government to provide any information compiled on the distribution of men and women in the various sectors of the economy in the private sector and their respective earnings levels, in particular in low-paid sectors.

Incidence of compulsory prison labour. In its previous comments, the Committee noted that, under Rule 54(1) of the Prison Rules, work is compulsory. The Committee requested the Government to provide information on the application in practice of certain provisions of the Penal Code, 2010 and the Public Meetings and Processions Act, 1993 under which penal sanctions involving compulsory prison labour might be imposed on persons as a punishment for holding or expressing political views or views ideologically opposed to the established political, social or economic system. The Committee noted the Government’s indication that Rule 54(1) of the Prison Rules is no longer applied by the prison wardens, and that a Bill to repeal the prison rules that contravene the aforementioned standards was being drafted. The Committee requested the Government to provide a copy of the Bill repealing the Prison Rules, once adopted.

The Committee notes the Government’s information that the draft Correctional Service Regulations Bill, 2016 does not contain any provision that requires a convict to undertake hard labour. The Committee notes, however, that according to section 60 of the draft Bill, every inmate sentenced to imprisonment shall be required to do useful work for not more than ten hours. The Committee requests the Government to indicate how the provisions of section 60 of the draft Correctional Service Regulations Bill requiring a convict to undergo compulsory labour will be applied for the offences contained in the provisions of the legislation mentioned below.

Article 1(a) of the Convention. Penal sanctions involving compulsory labour for holding or expressing political or ideological views. 1. 2010 Penal Code Act. In its previous comments, the Committee noted that certain provisions of the 2010 Penal Code Act, notably sections 78 (expression of hatred or contempt); 79 (offences against the Royal Family); and 101–104 (defamation) could involve the expression of political views or views ideologically opposed to the established political, social or economic system. The Committee also noted that no penalties were provided for these offences in the schedule of penalties (contained in Part X of the Penal Code Act), and that the imposition of the penalty was at the discretion of the court. The Committee requested the Government to provide information on the application in practice of the above-mentioned provisions of the Penal Code Act.

The Committee notes the Government’s information in its report that no cases were recorded under section 78 of the Penal Code, while one case under section 79 of the Penal Code is currently awaiting trial. The Committee also notes the Government’s information that a case of criminal defamation under sections 101, 102 and 104 of the Penal Code for publishing an article in a newspaper against the then Commander of Lesotho Defence Force was brought before the Constitutional Court on 21 May 2018. The court, in its judgment, held it undesirable to criminalize defamation cases for the reason that the charges were inconsistent with the fundamental right to freedom of expression enshrined in the Constitution. The Committee requests the Government to continue providing information on the application in practice of sections 78, 79, 101–104 of the Penal Code Act, to enable it to assess to what extent these provisions are compatible with the Convention. The Committee also requests the Government to provide information on any court decisions that illustrate the application of such provisions, indicating the penalties imposed in this respect.

2. Public Meetings and Processions Act, 1993. The Committee previously noted that, under section 6(1) and (3) of the Public Meetings and Processions Act, 1993, a person who organizes or assists in organizing or attends or takes part in a meeting or procession in contravention of a direction or a condition imposed by a police officer, commits an offence and is liable on conviction to a fine or imprisonment for a term of up to one year. The Committee considered that section 6(1) and (3) of the Public Meetings and Processions Act was drafted in broad terms, and requested the Government to take the necessary measures to bring the Act into compliance with the Convention, as well as to provide information on the application of the above sections in practice.

The Committee notes the Government’s information that there have been instances where the conditions imposed by police officers or headman for holding a public meeting or procession were breached and suspects charged under the above Act. However, the Government report does not provide any information on the penalties imposed for such offences. The Committee therefore once again requests the Government to provide information on the application of section 6(1) and (3) of the Public Meetings and Processions Act in practice, including the penalties applied and supplying sample copies of relevant decisions which could define or illustrate their application. The Committee further requests the Government to ensure that the Act is applied in conformity with the Convention so that persons organizing or participating peacefully in meetings expressing opposition to the established political system may not be punished by imprisonment entailing compulsory labour.

Article 1(1)(a) of the Convention. Discrimination based on sex. The Committee recalls that the Lesotho Law Reform Commission had issued a report on the codification and review of the legislation on inheritance, succession, wills and the administration of estates. The report includes a recommendation that civil rights marriage benefits and customary law rights benefits be codified and harmonized to ensure that the laws are relevant and appropriate for contemporary realities. The Committee recalls that the Law Reform Commission was to be reviewed and restructured to ensure that the laws are relevant and appropriate for contemporary realities. The Committee notes with regret the Government’s indication, in its report, that the report on the codification and review of the legislation on inheritance, succession, wills and the administration of estates is still awaiting validation from the relevant stakeholders. The Committee hopes that the Government will soon be in a position to report on the progress made on the harmonization of civil laws and customary laws through the Law Reform Commission or otherwise. In the meantime, the Government is requested to provide information on: (i) any other measures taken specifically to prevent continued application of customary law regarding marital powers restricting women’s equality in employment and occupation; (ii) the impact of any changes in the law on the employment opportunities of women; and (iii) any concrete measures taken to enable women to exercise their rights effectively under the law.

The Committee notes the Government’s indication that the Labour Code was amended to extend maternity leave from 12 to 14 weeks. The Government also refers to a 2016 court ruling in which the court reinstated female soldiers who had been dismissed on the ground of their pregnancy. The Committee recalls, however, that currently provisions conferring maternity-related benefits, including entitlement to maternity leave, only apply to women who have been employed by the same employer for at least one year and are limited to two pregnancies (in the case of employment with the same employer). In this regard, the Committee recalls that a Social Security Bill, expected to be adopted in 2018, intends to afford maternity protection and benefits to all women workers in all sectors. It notes the Government’s indication that the Bill is still being drafted. Recalling that maternity protection is a precondition for gender equality and for non-discrimination in employment and occupation, as enshrined in the Convention, the Committee again asks the Government to: (i) take the necessary steps to ensure that all women have access to maternity leave; (ii) provide information on the progress made in the adoption of the Social Security Bill and on its implementation in practice; and (iii) continue to provide information on any cases detected or submitted to labour inspectors or the courts, relating to the dismissal of women on the basis of pregnancy or maternity.

Sexual harassment. The Committee recalls that although section 200 of the Labour Code prohibits sexual harassment, it remains a sensitive issue among women workers, with some women workers expressing fear of retaliation in case of a refusal to succumb to sexual advances. The Committee notes that under the Strengthening of Labour Inspections Project, supported by the ILO, the Ministry of Labour raised awareness on sexual harassment through radio programmes and two popular newspapers. Nevertheless, the Government indicates that no sexual harassment cases have been reported either by the courts or the labour inspectorate. The Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee therefore asks the Government to undertake an assessment of the effectiveness of the complaints procedures currently available and to provide information on the measures taken to disseminate the training modules designed by the Directorate of Dispute Prevention and Resolution and the Better Work Programme Tool Kit. The Committee also asks the Government to continue to provide information on: (i) any preventive steps taken at the national level and at the level of the enterprise, for example awareness-raising, and any follow-up to the Zero Tolerance Protocol since the Better Work Programme ceased to operate in Lesotho; and (ii) any cases of sexual harassment dealt with by labour inspectors or the courts or tribunals, including the sanctions applied and remedies granted.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1)(b). Discrimination based on disability. The Committee notes, from the 2020 Government’s report to the Human Rights Committee of the United Nations monitoring the implementation of the International Covenant on Civil and Political Rights (CCPR), that a Bill has been tabled before the Parliament to prohibit discrimination on the ground of disability (CCPR/C/LSO/2, 22 April 2020, paragraph 53). Welcoming this proposed Bill, the Committee asks the Government to keep it informed of the adoption and enactment of the definitive version of the Bill and to provide a copy of the law once adopted.

Real or perceived HIV/AIDS status. The Committee recalls that an HIV/AIDS Bill was being drafted under the supervision of the National AIDS Commission. It notes the Government indication that the Bill has not yet been adopted. Drawing once again the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), the Committee asks the Government to: (i) ensure that the Bill includes protection from discrimination and stigma in employment and occupation on the basis of real or perceived HIV status, (ii) provide a copy of the Act once it has been adopted; and (iii) provide information on any steps taken to combat discrimination based on real or perceived HIV status.

Article 2. National policy on equality of opportunity and treatment. The Committee notes, from the Government’s report on the application of the CCPR, that the Department of Gender under the Ministry of Gender and Youth, Sports and Recreation, is tasked, among others, to promote and nurture gender equality, and has advocated for the reform of existing laws to remove discrimination (CCPR/C/LSO/2, 22 April 2020, paragraph 4). The Committee also takes notes the Government’s 2019 report on the implementation of the Beijing Declaration. In this report, reference is made to the National Strategy Development Plan (NSDP) II which considers the promotion of gender equality and the empowerment of women as a cross cutting priority throughout the identified clusters of development, including in the promotion of inclusive and sustainable economic growth and private sector-led job creation. The Government also reports on the adoption of the Gender and Development Policy 2018–2030, in which it commits to increasing women’s, men’s, girls, boys and other marginalized groups’ access to gender responsive quality education and training programmes so as to build a productive work force that can sustain the economy of the country (pages 19 and 36). The Committee notes that the report also highlights the weak implementation of laws and policies in place as one of the main challenges to the advancement of gender equality, the main reason being the entrenched patriarchal nature of both society and its institutions (page 29). The Committee asks the Government to: (i) provide detailed information on the measures taken, under the NSDP II and the Gender and Development Policy 2018–2030, to promote equal access for women to vocational training and employment; and (ii) provide information on any steps taken to combat gender stereotypes, such as through awareness-raising activities in the media.

Enforcement. The Committee previously noted the creation of a special unit in the Ministry of Labour and Employment, tasked with awareness-raising of all the Conventions ratified by Lesotho. Noting that the Government has not provided any reply to its previous requests on the matter, the Committee once again asks the Government to provide information on the preventive and monitoring activities carried out by labour inspectors and the special unit specifically relating to discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, as well as information on any cases of discrimination dealt with by the courts or other competent bodies.

Article 6 of the Convention. Minimum age for admission to apprenticeship. In its previous comments, the Committee noted the Government’s indication that there was no minimum age for admission to apprenticeships.

The Committee notes the Government’s information that apprenticeship programmes are provided to tertiary education graduates as a means to provide them with work experience and that the minimum age for apprenticeship is 22 years. The Committee requests the Government to indicate the provisions in the national legislation that fixes the minimum age for apprenticeship at 22 years.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the adoption of the Action Plan for the Elimination of Child Labour (APEC) 2013–17/18 which aims to reduce the incidence of child labour and its worst forms to less than 1 per cent by 2016, while laying a strong policy and institutional foundation for eliminating all other forms of child labour in the longer term. The Committee requested the Government to provide detailed information on the concrete measures taken within the framework of the APEC for eliminating child labour as well as the results achieved.

The Committee notes from the Progress report on the implementation of the APEC (Progress Report) attached along with the Government report, that the APEC was endorsed by all districts and coordinated efforts to eliminate child labour were undertaken. Further achievements of the APEC as indicated in the Progress Report include: (i) revising the Labour Code to strengthen the child labour provisions, to extend its scope and labour inspection services to cover the informal economy; (ii) developing child labour awareness brochures in English and Sesotho and making it available for the public; (iii) conducting awareness raising campaigns on laws and regulations relevant to child labour covering 80 per cent of the districts between 2016 and 2018; (iv) conducting six awareness raising campaigns on the guidelines for the elimination of child labour in the agricultural sector with special attention to herd boys in the districts of Botha-Bothe and Qacha’s Nek; (v) establishing Community Child Protection Teams in at least 20 communities to monitor child labour at community level; and (vi) adopting programmes for bringing out-of-school children and school drop-outs to formal education. Moreover, within the programmes to support the needy and the vulnerable families 28,000 children were provided with scholarships for secondary education while 33,000 households benefited from the Child Grants Programme. The Committee further notes from the APEC progress report that the lack of resources, in terms of financial and human resources, in simplifying child labour laws for trainings and producing and transporting training materials are all challenges experienced by the Ministry in delivering its responsibility under the APEC. The Committee requests the Government to continue taking effective measures, including through extending the APEC or by developing and adopting other national action plans or programmes for eliminating child labour in the country. It requests the Government to provide information on any measures taken or envisaged in this regard.

Article 2(1). Scope of application and labour inspectorate. Self-employment and work in the informal economy. In its previous comments, the Committee noted that the provisions of the Labour Code excluded self-employment from its scope of application. It noted that a Child Labour Unit was established to assist in the protection of children working in the informal economy. The Committee further noted from the report of the Office of the High Commissioner for Human Rights as well as from the List of Issues of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families that a high number of children continued to be engaged in animal herding, street trading and domestic work. The Committee requested the Government to provide information on the activities undertaken by the Child Labour Unit in protecting children working in the informal economy.

The Committee notes the Government’s information that the Child Labour Unit conducted trainings and held public gatherings in the districts of Matsieng and Ha-Ramabanta to sensitize the people and government officials on child labour issues. Workshops focusing on sharing knowledge on child labour were also conducted in which representatives of people operating in the informal sector participated. The Committee also notes the Government’s indication that the Labour Code Amendment Bill which contains provisions extending its scope as well as the labour inspection services to the informal economy is awaiting approval by the Parliament. The Committee notes however, from the Decent Work Country Programme III 2018–23 document that over 50 per cent of the labour force is employed in the informal sector. This document also indicates that regulating and preventing child labour is a major concern since the coverage of labour inspectorate does not include informal economy activities. In this regard the Committee notes that the Committee on the Rights of the Child, in its concluding observations of 25 June 2018, expressed concern that children are involved in herding and domestic work and that child labour negatively affects schooling of children in rural areas (CRC/C/LSO/CO/2, para. 55(a) and (c)). The Committee urges the Government to take the necessary measures to ensure that the protection afforded by the Convention is granted to self-employed children and children working in the informal economy, including children engaged in herding and domestic work. In this regard, referring to its comments made under the Labour Inspection Convention, 1947 (No.81), the Committee requests the Government to take the necessary measures to strengthen the capacities and expand the reach of the labour inspectorate so that it can adequately monitor and detect cases of child labour in these sectors. It further requests the Government to provide detailed information on the measures taken in this regard as well as the measures taken by the Child Labour Unit in addressing child labour in the informal economy. The Committee finally expresses the firm hope that the Labour Code Amendment Bill which contains provisions protecting children working in the informal economy and extending labour inspection services to the informal economy, will be adopted and enforced in the near future.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that, according to the Education Act of 2010, the age of completion of compulsory education is 13 years in Lesotho, two years before a child is legally eligible to work (15 years). It also noted the Government’s indication that the Ministry of Education, in collaboration with the Ministry of Social Development, was working to make education free and compulsory at the secondary level. The Committee urged the Government to take the necessary measures to ensure compulsory education up to the minimum age of employment of 15 years.

The Committee notes the Government’s indication that no legal measures have been taken to extend compulsory education up to 15 years. However, a non-formal education policy for out-of-school children has been adopted under the APEC. The Committee reminds the Government that compulsory schooling is one of the most effective means of combating child labour, and underlines the need to link the age for admission to employment or work to the age of completion of compulsory schooling, as established in Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). If compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see 2012 General Survey on the fundamental Conventions, para. 371). The Committee therefore strongly urges the Government to take the necessary measures to ensure compulsory education up to the minimum age of employment or work of 15 years. It requests the Government to provide information on any progress made in this regard.

Application of the Convention in practice. The Committee notes the Government’s information that the results of the Labour Force Survey, which includes a child labour module, are yet to be released. The Committee also notes from the APEC Progress Report that the preliminary report of the 2016 Housing and Population Census shows that 35.9 per cent of children aged 10 years and above are engaged in child labour, of which 21 per cent are engaged in agricultural activities. It further notes the Government’s information that according to the findings of the Lesotho Violence against Children survey conducted by the Ministry of Social Development in 2019, 11.4 per cent of children who are between the ages of 13–17 years are engaged in child labour. Moreover, according to the Rapid Assessment of 2019 on vulnerable populations, it was found that 19.1 per cent of children are engaged in construction projects, 14.9 per cent in farm work, 2.1 per cent in transport, 0.9 per cent in herding and 0.4 per cent in domestic work. While taking due note of the measures taken by the Government to combat child labour, notably within the framework of the APEC, the Committee observes that a high percentage of children below the minimum age are engaged in child labour in Lesotho. The Committee encourages the Government to pursue its efforts to ensure the progressive elimination of child labour. It requests the Government to continue providing information on the situation of working children in Lesotho, including the number of children below the minimum age engaged in child labour and the nature, scope and trends of their work. It also requests the Government to provide a copy of the results of the Labour Force Survey, once completed.

Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that street children were used by adults in illegal activities, such as housebreaking and petty theft. In this regard it noted that section 45(b) of the Children’s Protection and Welfare Act of 2011 provides for penalties to any person who causes or allows a child (defined as a person under the age of 18 years pursuant to section 3 of the same Act) to be on any street, premises or place for the purposes of carrying out illegal hawking, gambling or other illegal activities. The penalties include a fine not exceeding 10,000 Lesotho maloti (approximately US$722) or imprisonment for a term not exceeding ten months or to both. Noting the absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application of section 45(b) of the Children’s Protection and Welfare Act, including the number of offences detected related to the use of children under 18 years for illegal activities and penalties applied.

Article 5. Monitoring mechanisms. Trafficking. In its previous comments, the Committee noted the adoption of the immigration regulations in 2015 according to which minors who are travelling across borders are required to produce, in addition to their passport, an unabridged birth certificate, copies of affidavits from parents confirming permission to travel, and copies of passports of parents or legal guardians. It also noted from the Government’s report to the Human Rights Council of October 2014 that the Multi-sectoral Committee for Combating Trafficking in Persons (Multi-sectoral Committee) provides guidance and spearheads the migration management agenda in Lesotho, which includes trafficking in persons and smuggling. The Committee requested the Government to provide information on the activities of the Multi-sectoral Committee in combating the trafficking of children.

The Committee notes the Government’s information in its report that the Multi-Sectoral Committee provided training to 33 police officers on the investigation of trafficking cases; trained three prosecutors on implementing the provisions of the Anti-Trafficking Act of 2011; sensitized 24 newly appointed diplomats on anti-trafficking measures; and trained ten labour inspectors on identifying trafficking cases. The Government further indicates that to date, there are 56 cases of trafficking recorded of which 24 cases were closed and declared as not related to trafficking while investigations are ongoing in 12 cases. One person has been convicted and sentenced to two years imprisonment and two accused have been acquitted. The convict had been in custody for eight years prior to his conviction. The Committee also notes from the Progress Report on the implementation of the Action Programme on the Elimination of Child Labour (APEC Progress Report) 2013–18 that the Ministry of Home Affairs has embarked on the Lesotho Special Permit Dispensation with the Republic of South Africa in 2016 to combat trafficking of persons. The Committee further notes from the Government’s report of November 2019 to the Human Rights Council that a pilot project called “Counter Trafficking and Addressing Irregular Migration Through Strengthening Border and Migration Management, Sensitisation on Trafficking in Persons and Building Capacity of Law Enforcement and Border Officials in Lesotho” has been initiated in 2019. This project is intended to address the existing challenges at the key ports of entry and counter trafficking targeting vulnerable communities living near hotspots along the official and unofficial border crossings in Lesotho (A/HRC/WG.6/35/LSO/1, paragraph 58). The Committee requests the Government to provide information on the specific measures taken within the framework of the Counter Trafficking and Addressing Irregular Migration project to combat trafficking of children, and the results achieved. It also requests the Government to provide information on the impact of the Lesotho Special Permit Dispensation in combating trafficking of children. The Committee further requests the Government to continue providing information on the activities of the Multi-sectoral Committee in combating the trafficking of children under the age of 18 years including the number of cases of trafficking of children identified, investigations carried out, prosecutions, convictions and penal sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. Action plan to combat trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the specific measures taken, within the framework of the National Anti-Trafficking in Persons Strategic Framework and Action Plan 2014–16, (NATSF–AP) to combat the trafficking of children under 18 years of age.

The Committee notes the Government’s information that the NATSF–AP has been revised for the period from 2018 to 2023. The Committee requests the Government to provide information on the concrete measures taken within the framework of the NATSF–AP 2018–2023 to combat the trafficking of children under 18 years of age. It also requests the Government to provide information on its implementation and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. In its previous comments, the Committee noted the achievements made with regard to access to education of children through the implementation of various measures including the school feeding programme and the provision of school meals and the granting of bursaries. However, it noted that according to UNESCO statistics, the net enrolment rate in primary education was 79.6 per cent in 2013 while the net enrolment rate in secondary education was 34.1 per cent. The Committee encouraged the Government to pursue its efforts to facilitate access to free basic education, including measures to increase school enrolment, attendance and completion rates both at primary and secondary level.

The Committee notes the Government’s information that in 2018, a non-formal education policy was adopted to provide basic skills for children who are not enrolled in formal education. The Government also indicates that the National Strategic Development Plan II envisages to strengthen distance education. The Committee further notes from the APEC Progress Report that programmes for bringing out-of-school children and school dropouts to formal education and measures to promote universal secondary education have been adopted. Moreover, areas with insufficient numbers of basic education schools have been identified and measures to make schools accessible are in place. The Committee also notes from the Government’s report to the Human Rights Council of November 2019 that a School Improvement Plan Manual aimed at retaining students in school was adopted and 150 facilitators were engaged in 2017 to implement this manual. Furthermore, the Lesotho Basic Improvement Project 2016–21 financed by the International Development Association aims to address challenges in the basic education system and student retention in targeted primary and junior secondary schools. This project targets the 300 poorest performing primary schools across all districts in the country and 65 junior secondary schools (A/HRC/WG.6/35/LSO/1, paragraphs 102 and 105). The Committee notes, however, that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2018, expressed concern at the hidden costs of public primary education, such as for transportation, and high school fees for secondary education. The CRC also expressed concern at the low enrolment rates in secondary schools, particularly for boys in rural areas (CRC/C/LSO/CO/2, paragraph 53). In this regard, the Committee notes that according to the UNICEF Multiple Indicator Cluster Survey of 2018, the net attendance and completion rates is 95 per cent and 80 per cent at the primary level and 58 per cent and 44 per cent at the secondary level, respectively. This report also indicates that there were twice as many girls of upper secondary school-going age attending school than boys of the same age. Considering that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to strengthen its efforts to facilitate access to free basic education of all children and particularly of boys in the rural areas. It requests the Government to continue to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment, attendance and completion rates, both at primary and secondary level, and reducing school dropout rates as well as the number of out-of-school children.

Application of the Convention in practice. The Committee notes from the Government’s report that the results of the Labour Force Survey which included a module on child labour and its worst forms is yet to be published. The Committee requests the Government to provide statistical information on the worst forms of child labour, once the Labour Force Survey results are available.

Articles 3(d) and 7(2)(b) of the Convention. Hazardous work and effective and time-bound measures to remove children from the worst forms of child labour and provide for their rehabilitation and social integration. Child domestic work. The Committee previously noted that girls performing domestic work face verbal, physical and, in some cases, sexual, abuse from their employers, and that these children generally did not attend school. It also noted the Government’s statement that it would consider promulgating regulations on domestic work to prohibit hazardous work in this sector to children under 18 years of age. The Committee further noted from the compilation report prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review that children continued to work in domestic service. Moreover, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), had also expressed concern about the high number of children engaged in domestic work. The Committee urged the Government to take immediate and effective measures to ensure that child domestic workers were protected from hazardous work, including by developing and adopting regulations prohibiting hazardous domestic work by children under 18 years of age.

The Committee notes the absence of information on this point in the Government’s report. However, it notes from the Progress Report on the implementation of the Action Programme on the Elimination of Child Labour (APEC) 2013–2018 that the draft Labour Code Bill has integrated provisions promoting the fundamental principles and rights of all workers, including domestic workers. Furthermore, the National Advisory Committee on Labour has made a proposal on having special regulations for domestic workers. The Committee notes that the Committee on the Rights of the Child (CRC), in its concluding observations of June 2018 expressed concern that children in domestic work are exposed to the worst forms of child labour (CRC/C/LSO/CO/2, paragraph 55(a)). The Committee therefore once again urges the Government to take effective and time-bound measures to provide the necessary and appropriate direct assistance to remove children engaged in domestic work from hazardous working conditions and ensure their rehabilitation and social integration. In this regard, the Committee expresses the firm hope that the Government will take the necessary measures to ensure that the Labour Code Bill which guarantees protection to domestic workers, is adopted in the near future. It once again requests the Government to consider adopting special regulations which prohibit hazardous domestic work by children under 18 years of age. It requests the Government to provide information on any progress made in this regard.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 1. Children engaged in animal herding. In its previous comments, the Committee noted that children engaged in animal herding often worked under poor conditions for long hours and during the night, without adequate food and clothing, were exposed to extreme weather conditions in isolated areas, and did not attend school. It also noted that between 10 and 14 per cent of boys of school-going age were involved in herding, about 18 per cent of whom were not employed by their own family. The Committee noted that the Government had adopted guidelines for the agricultural sector, with special attention to herd boys. According to the guidelines, children under 13 years of age should not herd livestock, except under the supervision of parents, employers or an adult, while children under 15 years were prohibited from herding in remote areas. The guidelines also require that herd boys should be provided with adequate clothing to suit the extreme weather conditions, adequate food and medical assistance as well as safe and proper accommodation. Moreover, their working time should not exceed more than 21 hours during school weeks and not more than 30 hours during school holidays, and night work is prohibited. It requested the Government to provide information on the implementation of the guidelines for the agricultural sector and the results achieved.

While noting an absence of information in the Government’s report on this point, the Committee notes from the APEC Progress Report that the Ministry of Labour and Employment conducted six awareness-raising campaigns on the guidelines in the districts of Botha-Bothe and Qacha’s Nek. The Committee notes that according to the UNICEF Multiple Indicator Cluster Survey results of 2018, nearly one in three children aged 5–17 years were engaged in child labour, of which two thirds of children are involved in herding animals. The Committee notes in the concluding observations of the CRC of June 2018 that children involved in herding are still exposed to the worst forms of child labour (CRC/C/LSO/CO/2, paragraph 55(a)). The Committee therefore once again urges the Government to take effective and time-bound measures to ensure that children who are engaged in hazardous work in animal herding are removed from this worst form of child labour and are rehabilitated and socially integrated. In this regard, it requests the Government to continue providing information on the implementation of the guidelines for the agricultural sector and the results achieved.

2. Orphans of HIV/AIDS and other vulnerable children (OVCs). The Committee previously noted the various support and assistance measures taken by the Government for OVCs, including school bursaries, feeding scheme programmes, the Child Grants Programme (CGP), the Conditional Cash Transfer Programme and the National Strategic Plan on Vulnerable Children 2012–17, as well as the results achieved. Further, noting from the 2014 estimates from UNAIDS that about 74,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho, the Committee urged the Government to strengthen its efforts to ensure the protection of children orphaned by HIV/AIDS and other vulnerable children from the worst forms of child labour.

The Committee notes the Government’s information that the Ministry of Social Development (MOSD) with the help of UNICEF and the European Union Lesotho have assisted in collecting data for the National Information System for Social Assistance. The Committee also notes from the APEC Progress Report that: (i) scholarship programmes for needy children for access to senior secondary schools have been adopted; (ii) District Child Protection Teams (DCPT) and Community Child Protection Teams (CCPT) were established as OVC coordinating mechanisms along with other stakeholders and labour inspectors; and (iii) a National Standards and Guidelines for Care of Vulnerable Children has been adopted for DCPTs, CCPTs, civil society organizations and other caregivers. This report further indicates that within the CGP, 33,000 households have benefitted in cash and 8,063 individuals benefited in kind. The Committee notes, however, that according to the 2019 estimates from UNAIDS, about 85,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho. While taking due note of the various measures taken by the Government for children orphaned by HIV/AIDS and other vulnerable children, the Committee requests the Government to continue its efforts to ensure that such children, who are at an increased risk of being engaged in the worst forms of child labour, are protected from these worst forms. It requests the Government to continue to provide information on specific measures taken in this regard, and on the results achieved, particularly the number of OVCs benefiting from these initiatives and the nature of the assistance provided.

The Committee is raising other points in a request addressed directly to the Government.

Comments adopted by the CEACR: Lesotho

ADOPTED_BY_THE_CEACR_IN 2021

C014 - CMNT_TITLE

C019 - CMNT_TITLE

C026 - CMNT_TITLE

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

C087 - CMNT_TITLE

C087 - CMNT_TITLE

C098 - CMNT_TITLE

C144 - CMNT_TITLE

C150 - CMNT_TITLE

C155 - CMNT_TITLE

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

2. Safety and Health in Construction Convention, 1988 (No. 167)

C155 - CMNT_TITLE

ADOPTED_BY_THE_CEACR_IN 2020

C029 - CMNT_TITLE

C100 - CMNT_TITLE

C105 - CMNT_TITLE

C111 - CMNT_TITLE

C138 - CMNT_TITLE

C138 - CMNT_TITLE

C182 - CMNT_TITLE

C182 - CMNT_TITLE

Comments adopted by the CEACR: Lesotho

Display the list by:

ADOPTED_BY_THE_CEACR_IN 2021

C014 - CMNT_TITLE

C019 - CMNT_TITLE

C026 - CMNT_TITLE

Follow-up to the recommendations of the tripartite committee (representation made under article 24 of the ILO Constitution)

C087 - CMNT_TITLE

C087 - CMNT_TITLE

C098 - CMNT_TITLE

C144 - CMNT_TITLE

C150 - CMNT_TITLE

C155 - CMNT_TITLE

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

B. Protection in specific branches of activity

1. Underground Work (Women) Convention, 1935 (No. 45)

2. Safety and Health in Construction Convention, 1988 (No. 167)

C155 - CMNT_TITLE

ADOPTED_BY_THE_CEACR_IN 2020

C029 - CMNT_TITLE

C100 - CMNT_TITLE

C105 - CMNT_TITLE

C111 - CMNT_TITLE

C138 - CMNT_TITLE

C138 - CMNT_TITLE

C182 - CMNT_TITLE

C182 - CMNT_TITLE