Observation (CEACR) - adopted 1989, published 76th ILC session (1989)

The Committee takes note of the Government's report.

In its earlier comments, the Committee noted certain discrepancies between the legislation and the Convention concerning the following points:

- suspension of Act No. 24 concerning human rights;

- the banning of the right to strike of workers in the banking sector (Essential Services Arbitration Act (No. 34) of 1975).

1. With reference to its previous observation, the Committee notes that Act No. 24 of 1983 concerning human rights, section 2 of which recognises the right to peaceful assembly and association and the right to express and disseminate opinions, is still in force, as is shown by the text of a judgement of April 1988 in which the Government was declared guilty of having infringed the provisions of this Act (CIV/APN/111/88).

The Committee none the less observes that the Suspension of Political Activities Order (No. 4) of 1986 provides that no person shall take part in the formation of political parties, propagate political ideas, take part in any public meeting or procession of a political nature, under penalty of a fine or of imprisonment for up to two years, or both, and that a state of emergency has been proclaimed on several occasions, most recently on 24 August 1988. Furthermore, Emergency Powers Order No. 4 of 1988 lays down in section 4 that for so long as a state of emergency remains in force, the Minister may make such regulations as are, in his judgement, necessary for securing public safety, the defence of Lesotho, the maintenance and restoration of public order, the suppression of mutiny, rebellion and riot, the prevention and suppression of crimes, and for maintaining supplies and services essential to the life of the community.

Recalling that civil liberties - such as freedom of assembly and of meeting, freedom of speech, opinion and expression - are essential to the exercise of trade union rights, the Committee asks the Government to indicate whether the state of emergency has been lifted and to communicate any regulations adopted under this emergency legislation, restricting the civil liberties without which the recognition of the right to organise remains without effect.

2. In the past, the Committee has requested the Government to amend the provisions of the Essential Services Arbitration Act (No. 34) of 1975, as amended in 1982, which lay down that any dispute in the banking sector, considered to be an essential service, is subject to compulsory arbitration, thereby depriving workers in this sector of the right to have recourse to strikes.

The Government again states in its report that it has taken note of the Committee's concern in this matter and stresses that the matter is under consideration.

The Committee therefore recalls that, while workers engaged in essential services may be deprived of the right to strike subject to appropriate, impartial and rapid conciliation and arbitration procedures, such services should be limited to those whose interruption would endanger the life, personal safety or health of the whole or part of the population. In the opinion of the Committee, the banking sector does not fall within this definition.

The Committee expresses the firm hope that the Government will take the necessary steps to remove restrictions on the exercise of the right to strike of workers in the banking sector and requests the Government in its next report to indicate any progress made in this respect.