Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Repetition

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. It had requested the Government to take the necessary measures to prohibit the use, procuring or offering of a child under 18 for illicit activities.

The Committee notes with interest that, according to section 45(b) of the Children’s Protection and Welfare Act of 2011, a 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 shall be liable to a fine not exceeding 10,000 Lesotho maloti (approximately US$722) or imprisonment for a term not exceeding ten months or to both. The Committee 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.

Clause (d). Hazardous work. 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.

The Committee notes the absence of information in the Government’s report. However, it notes from the compilation report of November 2014, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review that, according to the submissions made by the United Nations Country Team of Lesotho, children continued to work in domestic service (A/HRC/WG.6/21/LSO/2, paragraph 42). Moreover, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), in its List of Issues of September 2014, expressed concern about the high number of children engaged in domestic work (CMW/C/LSO/QPR/1, paragraph 29). The Committee therefore once again urges the Government to take immediate and effective measures to ensure that child domestic workers are protected from hazardous work. In this regard, it requests the Government to take the necessary measures to ensure the development and adoption of regulations which prohibit hazardous domestic work to all children under 18 years of age. It requests the Government to provide a copy of these regulations, once adopted.

Article 7(2). Effective and time-bound measures. Clause (d). Identify and reach out to children at special risk. 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 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 notes that the Government adopted guidelines for the agricultural sector, with special attention to herd boys. According to the guidelines, children under 13 years should not herd livestock, except under the supervision of parents, employers or an adult, while children under 15 years are 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 shall not exceed more than 21 hours during school weeks and not more than 30 hours during school holidays, and night work is prohibited. The Committee 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 provide information on the implementation of the guidelines for the agricultural sector and the results achieved.