Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Articles 1, 2 and 3 of the Convention. Discrimination based on sex. The Committee recalls its previous comments relating to the Legal Capacity of Married Persons Act of 2006, and notes in this regard the activities under the Project on Gender Equality in Economic Rights to raise public awareness about the Act and to increase knowledge and build the capacity of stakeholders and decision-makers, as well as of the relevant authorities in implementing institutions. It also notes that training on gender equality and economic rights has been provided to the presidents and magistrates of the court, and that implementing guidelines on the Act will be developed, including a review of the court’s decisions, if any, on its interpretation of the Act. The Committee asks the Government to continue to provide information on the activities under the Project on Gender Equality in Economic Rights with a view to ensuring the full implementation of the Legal Capacity of Married Persons Act, and its impact on women’s employment and access to occupations. Please also provide a copy of the implementing guidelines of the Act. The Government is also requested to indicate any measures taken specifically to prevent continued application of customary law regarding marital powers restricting women’s equality in employment and occupation.

Sexual harassment. The Committee notes from the Government’s report that some training on sexual harassment is being given by the Directorate of Dispute Prevention and Resolution (DDPR) to workers and employers, and that a number of enterprises have developed sexual harassment policies or are providing training on its prevention. However, data on the actual number of enterprises that have developed such policies are not yet available. The Committee encourages the Government to work together with workers and employers, and their organizations, to gather examples of good practices on workplace measures to prevent sexual harassment in line with the code of practice on sexual harassment, and to provide information on any steps taken in this regard. Please also provide information on any other measures taken to promote the implementation of the code of practice, as well as information on the impact of the training held by the DDPR. Please continue to provide information on the enforcement of the Labour Code’s provisions prohibiting sexual harassment, including relevant court decisions.

Equality of opportunity and treatment between men and women. The Committee recalls the Government’s intention to set up a gender commission and establish a women’s credit scheme to stimulate self-employment. The Decent Work Country Programme (2006–09) also indicated that job cuts in the textile industry severely impacted on women’s employment opportunities, and job creation had been identified as a priority area to be addressed. The Committee notes that neither the gender commission nor the women’s credit scheme have been established, but that an ILO Project on Women’s Entrepreneurship Development and Gender Equality (WEDGE) is being implemented as part of the Decent Work Country Programme; training on entrepreneurship skills is apparently also being provided by the Ntlafatso Skills Training Centre. The Government further indicates that programmes promoting women’s participation in governance and leadership aim to achieve 50 per cent representation of women in all sectors of government (presently at 30 per cent), and that the Gender and Development Policy 2003 is under review. The Committee asks the Government to provide information on any progress made in the review of the Gender and Development Policy 2003, and it hopes the revised policy will include specific measures to promote equality of opportunity and treatment between men and women in employment and occupation. The Committee also requests the Government to indicate any action taken to ensure that men and women benefit from job-creation programmes on an equal footing, as well as the specific results secured by the action to promote women’s entrepreneurship. In this regard, please include information on the number of women that are participating in entrepreneurship skills training and on those who have succeeded in establishing their own business. Please also provide statistical information, disaggregated by sex, on employment in all sectors of government.

Equality of opportunity and treatment irrespective of race, colour and national extraction. With respect to its previous comments regarding the Race Relations Bill, 2004, and practical measures to ensure equality of opportunity and treatment for all workers protected by the Convention, the Committee notes the Government’s statement that no further action has been taken on the Bill, as there do not seem to be any serious problems of race relations in the country. The Committee draws the attention of the Government to the obligation under the Convention to take active measures to ensure that all workers, including Basotho and Asian ethnic workers, are protected against discrimination and enjoy equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee asks the Government to take steps to examine the employment situation of the different ethnic communities, including with respect to the impact of any existing or newly emerging forms of discrimination, and to provide information on the progress made in this regard. Please also provide detailed information on any measures to promote and more proactively ensure equality in employment and occupation, irrespective of race, colour and national extraction.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the brief information provided by the Government regarding training by the Ministry of Justice, Human Rights and Constitutional Affairs on issues of non-discrimination. The Committee asks the Government to take more active steps to seek the cooperation of the social partners, as well as of other relevant institutions, with a view to determining specific measures to promote equality at work.

Enforcement. The Committee notes from the Government’s report that the Labour Court and Labour Appeal Court cases can now be consulted online. The Committee would be grateful if the Government would collect and supply the relevant judicial decisions specifically relating to discrimination in employment and occupation, including those relying on the Convention. Please also provide information on relevant decisions or reports of the labour inspectorate.