Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It also notes the comments of the Congress of Lesotho Trade Unions (COLETU) dated 14 November 2001 and the Government’s observations thereon. Finally, the Committee takes note with interest of the text of the draft Public Service Bill 2003.

The Committee recalls that in its previous comments it had examined sections 35 and 31 of Public Service Act No. 13 of 1995 which prevent public servants from engaging in collective bargaining through their organizations. The Committee had requested the Government to take measures to bring its legislation into full conformity with the Convention allowing all public servants who are not employed in the administration of the State to bargain collectively in respect of their employment conditions.

The Committee notes that according to COLETU, Public Service Act No. 13 of 1995 and the University Act bar civil servants and university lecturers from forming or joining trade unions. In addition to this, the Government has removed the jurisdiction of the Labour Court over cases involving public employees so that affiliates of COLETU, i.e. the Lesotho Union of Public Employees (LUPE) and the Lesotho Teachers’ Trade Union, have been silenced and cannot assist their members. The Committee notes that the Government states that the constitutionality of its action was confirmed in the High Court and that it is currently in the process of reviewing the legislation relating to the public service in consultation with the social partners including COLETU.

The Committee notes with interest that sections 20 and 21 of the draft Public Service Bill 2003 guarantee freedom of association to public officers and enable them to form officers’ associations for the purposes of collective bargaining. Section 14(1)(a)(iv) also provides that the Minister may issue and table before Parliament a (binding) code of practice on collective bargaining to guide the public officers and registered public officers’ associations on how to bargain collectively with the employer on matters of mutual interest without outside interference. Finally, section 17 provides that appeals arising from grievances, disciplinary actions or otherwise shall be brought before the Public Service Tribunal. The Committee requests the Government to keep it informed of steps taken with a view to the adoption of the draft Public Service Bill 2003 and to communicate the text of any code of practice adopted in this respect.