Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee previously noted the Government’s indication that the legislative process for the adoption of the Children’s Protection and Welfare Bill was ongoing. It also noted the Government’s indication that the Action Plan for the Elimination of Child Labour had been endorsed by the Programme Advisory Committee on Child Labour (PACC), and awaited formal adoption.

The Committee notes the Government’s statement that the Children’s Protection and Welfare Bill has not yet been adopted. The Committee also notes the information in the final technical progress report for the ILO–IPEC project entitled “Programme Towards the Elimination of the worst forms of child labour (TECL)” of June 2008 that, following the endorsement of the PACC in June 2008, the Action Plan for the Elimination of Child Labour was subsequently approved by the labour advisory council (NACOLA), and has been submitted to Cabinet for approval. Observing that the Government has referred to the Children’s Protection and Welfare Bill since 2005, the Committee urges the Government to take the necessary measures to ensure the adoption of this legislation without delay and to ensure the adoption of the Action Plan for the Elimination of Child Labour by Cabinet, in addition to the implementation of this Action Plan, in the near future. The Committee requests the Government to provide a copy of the Children’s Protection and Welfare Bill and the Action Plan for the Elimination of Child Labour, along with its next report.

Article 2(1). Scope of application. Self-employment and domestic work. The Committee previously requested the Government to take the necessary measures to ensure that children engaged in types of work outside of an employment relationship benefited from the protection of the Convention. The Committee subsequently noted the Government’s indication that the draft revision of the Labour Code contained a provision for the protection of children in the domestic sector as well as self-employed workers. The Government indicated that this proposed provision stated that, for the purposes of sections 124–129 of the Labour Code of 1992 (related to the minimum age for admission to work, hazardous work, light work and related issues), “[a] person is deemed to have employed a child or young person if they employ a child or young person to work or require or permit a child or young person to work in any workplace or establishment under their control, including work as a domestic worker, or for any business that they conduct, irrespective of whether the child or young person is working in terms of a contract of employment or otherwise”. The Committee expressed the hope that the draft revision of the Labour Code would soon be adopted.

The Committee notes the Government’s indication that the draft revision of the Labour Code has not been adopted by Parliament. The Committee also notes the Government’s statement that efforts are being made towards its adoption, though observes that the Government has been referring to the impending adoption of the draft revision to the Labour Code since 2006. Therefore, the Committee urges the Government to take the necessary measures to ensure that the draft revision of the Labour Code is adopted in the near future, so that self‑employed children and children engaged in domestic work benefit from the protection of the Convention. It requests the Government to provide information on progress made in this regard and to provide a copy of this legislation, once adopted.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that primary education is not compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, do not have adequate access to education. The Committee expressed the view that it is desirable to ensure compulsory education up to the minimum age for employment and noted the Government’s indication that a Bill introducing free and compulsory primary education had been prepared and was awaiting clearance from the Attorney-General’s Office.

The Committee notes the Government’s statement that the Bill introducing free and compulsory primary education has yet to be adopted. The Committee notes the information, available on the Government’s website (www.lesotho.gov.ls), that, as of October 2009, the Education Bill, which would make primary school free and compulsory (including sanctions for parents if they did not send their children to school) was under discussion in Parliament. The Committee also notes that the parliamentary committee assigned to assess the Education Bill endorsed the Bill’s adoption in its presentation on its findings to the National Assembly in May 2009.

The Committee notes the information from UNESCO’s 2010 report entitled Education for All: Global Monitoring Report that, as of 2007, the net intake rate in primary education was 49 per cent, and the net enrolment ratio was 72 per cent. This report indicates that there are approximately 101,000 out-of-school children, between the ages of 6–12. The Committee also notes the information in the Government’s report that the current age at which a primary school leaving certificate can be obtained is 13 years, two years below the current minimum age for admission to work. In this regard, the Committee draws the Government’s attention to the importance of linking the age of admission to employment to the age limit for compulsory education; if compulsory schooling comes to an end before young persons are legally entitled to work, there may be a period of enforced idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, and Report of the Committee of Experts on the Application of Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). Recalling that compulsory education is one of the most effective means to combat child labour, the Committee requests the Government to take the necessary measures to ensure the adoption of the Education Bill and to provide a copy of this legislation, once adopted. In addition, the Committee expresses the firm hope that the Government will give due consideration to the Committee’s comments concerning the desirability of ensuring compulsory education up to the minimum age of employment of 15 years.

Article 3(2). Determination of hazardous work. The Committee previously noted that, while section 125(1) of the Labour Code provides that the Minister of Labour or the Labour Commissioner may, by written notice, determine the types of work injurious to the health and morals of children and young persons, there appeared to be no determination made in this respect. However, the Committee noted the Government’s indication that the draft revision of the Labour Code contained a proposed section 129A containing a list of types of hazardous work prohibited to young persons. It requested a copy of this list, and expressed the hope that it would soon be adopted.

The Committee notes the extracts of the draft revision of the Labour Code, submitted with the Government’s report under the Worst Forms of Child Labour Convention, 1999 (No. 182), including the proposed section 129A. This proposed section is entitled “worst forms of child labour for children and young persons”, and prohibits requiring or permitting a child or young person to engage in exploitative work, and prohibits the worst forms of child labour, as defined in Article 3 of Convention No. 182, including hazardous work.

The Committee observes that, while this proposed provision prohibits hazardous work, it does not contain a list determining types of hazardous work activities, as previously indicated by the Government. Therefore, the Committee invites the Government to consider Paragraph 10(1) of the Minimum Age Recommendation, 1973 (No. 146), which provides that in determining the types of hazardous employment or work, full account should be taken of relevant international labour standards, such as those concerning dangerous substances, agents or processes, the lifting of heavy weights and underground work. The Committee accordingly urges the Government to take the necessary measures to ensure the elaboration and adoption of a list of hazardous types of work prohibited for persons under 18 in the very near future, in accordance with Article 3(2) of the Convention. It requests the Government to provide information on the consultations held with organizations of employers and workers concerned on this subject.

Article 6. Minimum age for admission to apprenticeship. The Committee previously noted the Government’s indication that, during the revision of the Labour Code, due consideration would be given to bringing the Labour Code in to line with the requirements of Article 6 of the Convention. The Committee notes the information in the Government’s report that there is currently no regularized system of vocational and technical education and that no consultations have been held on this matter. The Government also indicates that, in practice, the minimum age for admission to vocational school is 13 years (following graduation from primary school), but that there is no minimum age for admission to apprenticeships. The Committee reminds the Government that pursuant to Article 6 of the Convention, the minimum age for admission to work in undertakings in the context of vocational training or an apprenticeship programme is 14 years. It therefore urges the Government to take the necessary measures, within the context of the draft revision of the Labour Code, to ensure that no child under 14 years of age is permitted to undertake an apprenticeship in an enterprise, in conformity with Article 6 of the Convention.

Article 7. Light work. The Committee previously noted that section 124(2) of the Labour Code permits the employment of children between the ages of 13 and 15 for light work in technical schools and similar institutions, provided that the work has been approved by the Department of Education. It also noted the information contained in the 2004 Lesotho Child Labour Survey that 38.6 per cent of children, regardless of age, worked between 22 and 28 hours per week. The Committee requested the Government to indicate the measures taken to determine light work activities, and noted the Government’s indication that due consideration would be given to Article 7 during the revision of the Labour Code.

The Committee notes the Government’s statement that the draft revision of the Labour Code includes a provision which defines light work as work which is not likely to be harmful to the health or development of the child and does not affect the child’s attendance in, or the child’s capacity to benefit from, school (proposed section 124(6)). The Government does not indicate if this amendment will apply concurrently with section 124(2) of the current Labour Code, thereby permitting such light work only in technical schools and similar institutions. In the case that the draft revision of the Labour Code intends to permit light work outside of educational institutions, the Committee reminds the Government that, pursuant to Article 7(3) of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which such employment or work may be undertaken. The Committee therefore requests the Government to indicate if the proposed section 124(6) in the draft revision of the Labour Code permits the performance of light work outside of technical schools and similar institutions. If so, the Committee requests the Government to provide information on any measures taken or envisaged to determine types of light work activities, in conformity with Article 7(3) of the Convention.

Article 8. Artistic performances. The Committee previously noted the Government’s indication that, while there is no system of permits for children engaged in artistic activities, consideration would be given to this matter during the process of amending the Labour Code. Noting an absence of information on this point in the Government’s report, the Committee once again expresses the hope that, in the process of amending the Labour Code, the Government will take the necessary measures to establish a system of individual permits for children under the age of 15 years who participate in artistic performances. It requests the Government to provide information on any developments made in this regard.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee previously noted that, according to the 2004 Lesotho Child Labour Survey, 23 per cent of the children in Lesotho are child labourers. The Survey also indicated that children mainly work in agricultural activities followed by those who work as domestic workers. The Committee also noted the Government’s indication that the office of the labour commissioner carries out inspections in all commercial enterprises but not in the informal economy and private residences, which is where most child labour occurs. It requested the Government to take measures to improve labour inspection in these sectors, and to provide information on the practical application of the Convention.

The Committee notes an absence of information on these points in the Government’s report. However, the Committee notes the comments of the Commissioner of Labour of 2 March 2008, available on the Government’s website (www.lesotho.go.ls) indicating that child labour continues to be a problem in Lesotho particularly with under-age domestic workers and herders. The Commissioner of Labour attributed the problem to poverty in Lesotho and the HIV/AIDS pandemic, and stated that the lack of supportive laws to redress the current status exacerbates the problem, and hinders her Ministry’s capacity to intervene. The Committee must express its serious concern at the large number of working children under the minimum age in Lesotho, and urges the Government to redouble its efforts to address this problem, within the framework of the Action Plan for the Elimination of Child Labour. In this regard, the Committee encourages the Government to take the necessary measures to ensure the adoption of appropriate legislation, to strengthen the labour inspection system (particularly in the informal economy), and to continue its collaboration with ILO–IPEC. It further requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports as well as the number and nature of violations detected and penalties imposed.

The Committee encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information that the legislative process for the adoption of the Children’s Protection and Welfare Bill is still ongoing. It also notes the Government’s statement that the Bill introducing free and compulsory primary education has not yet been adopted, but is awaiting clearance from the Attorney-General’s Office. The Committee further notes the Government’s information that the action plan for the elimination of child labour which was drafted under the ILO/IPEC project entitled “Towards the Elimination of Child Labour” has been adopted by the National Advisory Committee on Labour and is awaiting Cabinet’s approval. The Committee hopes that the Children’s Protection and Welfare Bill, the Bill introducing free and compulsory primary education, and the action plan for the elimination of child labour will soon be adopted. It requests the Government to supply a copy of the same, once they have been adopted.

Article 2, paragraph 1. Scope of application. Self-employment and domestic work. The Committee had previously requested the Government to indicate the measures taken to ensure that all types of work outside an employment relationship, such as self-employment, as well as domestic workers benefit from the protection laid down in the Convention. The Committee notes with interest the Government’s indication that the Labour Code has been reviewed and a new provision for the protection of children in the domestic sector as well as self-employed workers has been inserted which reads as follows: for the purposes of sections 124–129 of the Labour Code of 1992 (related to the minimum age for admission to work, hazardous work, light work and related issues), “A person is deemed to have employed a child or young person if they employ a child or young person to work or require or permit a child or young person to work in any workplace or establishment under their control, including work as a domestic worker, or for any business that they conduct, irrespective of whether the child or young person is working in terms of a contract of employment or otherwise.” The Committee hopes that the Labour Code duly reviewed will be adopted in the very near future. It requests the Government to supply a copy of the same once it has been adopted.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that primary education has not yet been made compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, continue not to have access to education. The Committee had considered that the requirement of Article 2(3) of the Convention was fulfilled since the minimum age for admission to employment was not less than the age of completion of compulsory education. It had nevertheless considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee had also noted that, according to the 2004 Lesotho Child Labour
Survey – Analytical Report – 21.5 per cent of children were not attending school. It further noted the Government’s information that the project entitled “Reducing Exploitative Child Labour” (RECLISA), which aims at providing non-formal educational opportunities for school drop-outs and other vulnerable children, in particular herd boys, was extended up to 2009. The Committee notes the information provided by the Government in its report under Convention No.182 that the implementation of the RECLISA project started in 2006. So far 328 children have benefited from this project. The Committee expresses the firm hope that the Bill introducing free and compulsory primary education which is currently in the process of being adopted will take into consideration the comments made by the Committee with regard to linking the age limit of compulsory education with that of employment.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the national legislation did not seem to provide for a list of the types of work or employment likely to jeopardize the health or morals of a child or young person pursuant to section 125(1) of the Labour Code. It had asked the Government to indicate whether any declaration regarding the types of work or employment that are likely to jeopardize the health, safety or morals of children had been issued by the Minister or by the Labour Commissioner pursuant to section 125(1) of the Labour Code. The Committee notes the Government’s information that, under the Labour Code review, a new section 129A containing a list of types of hazardous work prohibited to young persons has been inserted. The Committee notes that, while the Government states that it has sent a copy of the list with its report, no such document has been supplied. The Committee expresses the firm hope that the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously requested the Government to provide information on the system of vocational and technical education, enrolment figures, conditions prescribed by the relevant competent authorities, and on consultations with the employers’ and workers’ organizations concerned, for any work done by children and young persons authorized as part of vocational and technical education. It had also requested the Government to provide information on the minimum age for apprenticeship and on the conditions governing work done by apprentices pursuant to sections 126 and 127 of the Labour Code.

The Committee notes the Government’s information that no developments on the above matter have been made. However, due consideration will be given to bring the Labour Code in line with the requirements of the Convention during the process of amending the Labour Code. The Committee reminds the Government that, by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee expresses the hope that the Government will take the necessary steps to include this matter in the draft Labour Code, including by ensuring that no child under 14 years of age follows an apprenticeship in any undertaking. It requests the Government to provide information on any progress made in this regard.

Article 7. Light work. The Committee had previously noted that section 124(2) of the Labour Code permits the employment of children between the ages of 13 and 15 for light work in technical schools and similar institutions, provided that the work has been approved by the Department of Education. It had also noted the information contained in the 2004 Lesotho Child Labour Survey – Analytical Report – that 38.6 per cent of children regardless of age worked between 22 and 28 hours per week The Committee had asked the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. The Committee notes the Government’s information that no developments on the above matter have been made, however due consideration will be given to bring the Labour Code in line with the requirements of the Convention during the process of amending the Labour Code. The Committee reminds the Government that, by virtue of Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee hopes that, in the process of amending the Labour Code, the Government will take the necessary measures to determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. It requests the Government to keep it informed of any developments in this regard.

Article 8. Artistic performances. The Committee had previously noted the Government’s information that, though children under the age of 15 years participate in artistic performances in practice, there is no system of individual permits for children engaged in such activities. It had also noted the Government’s statement that it intends to liaise with the stakeholders to devise such a system. The Committee notes the Government’s information that there have not yet been any developments with regard to the establishment of the system of individual permits for children under 15 years of age who participate in artistic performances. It notes, however, the Government’s indication that it intends to consider this matter during the process of amending the Labour Code. The Committee expresses the hope that, in the process of amending the Labour Code, the Government will take the necessary measures to establish a system of individual permits for children under the age of 15 years who participate in artistic performances. It requests the Government to provide information on any developments made in this regard.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 128(1) of the Labour Code provides that every employer in an industrial undertaking shall keep a register of all children and young persons employed and working therein, which shall include, amongst others, their ages or apparent ages and dates of commencement and termination of employment. It had noted, however, that this provision of the Labour Code only applies to employers in industrial undertakings. The Committee had also noted the Government’s information that, as far as commercial sectors are concerned, there is full compliance. The Committee notes the Government’s information that a new provision which covers all children working in any workplace or establishment under the control of the employer, including domestic workers as well as self-employed children, has been inserted in the draft Labour Code.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s information that the office of the Labour Commissioner carries out inspections in all commercial economies but not in the informal economy and private residences, which is where most child labour is carried out. It had also noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 23 per cent of the children in Lesotho are child labourers. According to the report, the findings suggest that in Lesotho children mainly work in agricultural activities followed by those who work as domestic workers. The Committee notes the Government’s information that the implementation of the action plan towards the elimination of child labour will enable to progressively reduce child labour in all sectors of the economy. The Committee requests the Government to take the necessary measures to improve the situation of child labour in the informal sector, including through strengthening the labour inspection system in these sectors. It also requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports as well as the number and nature of violations detected and penalties imposed.

The Committee encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. Following its previous comments, the Committee notes the Government’s information that the legislative process for the adoption of the Children’s Protection and Welfare Bill is still ongoing. It also notes the Government’s statement that the Bill introducing free and compulsory primary education has not yet been adopted, but is awaiting clearance from the Attorney General’s Office. The Committee further notes the Government’s information that the action plan for the elimination of child labour which was drafted under the ILO/IPEC project entitled “Towards the Elimination of Child Labour” has been adopted by the National Advisory Committee on Labour and is awaiting Cabinet’s approval. The Committee hopes that the Children’s Protection and Welfare Bill, the Bill introducing free and compulsory primary education, and the action plan for the elimination of child labour will soon be adopted. It requests the Government to supply a copy of the same, once they have been adopted.

Article 2, paragraph 1. Scope of application. Self-employment and domestic work. The Committee had previously requested the Government to indicate the measures taken to ensure that all types of work outside an employment relationship, such as self-employment, as well as domestic workers benefit from the protection laid down in the Convention. The Committee notes with interest the Government’s indication that the Labour Code has been reviewed and a new provision for the protection of children in the domestic sector as well as self-employed workers has been inserted which reads as follows: for the purposes of section 124 to 129 of the Labour Code of 1992 (related to the minimum age for admission to work, hazardous work, light work and related issues), “A person is deemed to have employed a child or young person if they employ a child or young person to work or require or permit a child or young person to work in any workplace or establishment under their control, including work as a domestic worker, or for any business that they conduct, irrespective of whether the child or young person is working in terms of a contract of employment or otherwise.” The Committee hopes that the Labour Code duly reviewed will be adopted in the very near future. It requests the Government to supply a copy of the same once it has been adopted.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted that primary education has not yet been made compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, continue not to have access to education. The Committee had considered that the requirement of Article 2(3) of the Convention was fulfilled since the minimum age for admission to employment was not less than the age of completion of compulsory education. It had nevertheless considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee had also noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 21.5 per cent of children were not attending school. It further noted the Government’s information that the project entitled “Reducing Exploitative Child Labour” (RECLISA), which aims at providing non-formal educational opportunities for school drop-outs and other vulnerable children, in particular herd boys, was extended up to 2009. The Committee notes the information provided by the Government in its report under Convention No.182 that the implementation of the RECLISA project started in 2006. So far 328 children have benefited from this project. The Committee expresses the firm hope that the Bill introducing free and compulsory primary education which is currently in the process of being adopted will take into consideration the comments made by the Committee with regard to linking the age limit of compulsory education with that of employment.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the national legislation did not seem to provide for a list of the types of work or employment likely to jeopardize the health or morals of a child or young person pursuant to section 125(1) of the Labour Code. It had asked the Government to indicate whether any declaration regarding the types of work or employment that are likely to jeopardize the health, safety or morals of children had been issued by the Minister or by the Labour Commissioner pursuant to section 125(1) of the Labour Code. The Committee notes the Government’s information that, under the Labour Code review, a new section 129A containing a list of types of hazardous work prohibited to young persons has been inserted. The Committee notes that, while the Government states that it has sent a copy of the list with its report, no such document has been supplied. The Committee expresses the firm hope that the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously requested the Government to provide information on the system of vocational and technical education, enrolment figures, conditions prescribed by the relevant competent authorities, and on consultations with the employers’ and workers’ organizations concerned, for any work done by children and young persons authorized as part of vocational and technical education. It had also requested the Government to provide information on the minimum age for apprenticeship and on the conditions governing work done by apprentices pursuant to sections 126 and 127 of the Labour Code.

The Committee notes the Government’s information that no developments on the above matter have been made. However, due consideration will be given to bring the Labour Code in line with the requirements of the Convention during the process of amending the Labour Code. The Committee reminds the Government that, by virtue of Article 6 of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee expresses the hope that the Government will take the necessary steps to include this matter in the draft Labour Code, including by ensuring that no child under 14 years of age follows an apprenticeship in any undertaking. It requests the Government to provide information on any progress made in this regard.

Article 7. Light work. The Committee had previously noted that section 124(2) of the Labour Code permits the employment of children between the ages of 13 and 15 for light work in technical schools and similar institutions, provided that the work has been approved by the Department of Education. It had also noted the information contained in the 2004 Lesotho Child Labour Survey – Analytical Report – that 38.6 per cent of children regardless of age worked between 22 and 28 hours per week The Committee had asked the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. The Committee notes the Government’s information that no developments on the above matter have been made, however due consideration will be given to bring the Labour Code in line with the requirements of the Convention during the process of amending the Labour Code. The Committee reminds the Government that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee hopes that, in the process of amending the Labour Code, the Government will take the necessary measures to determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. It requests the Government to keep it informed of any developments in this regard.

Article 8. Artistic performances. The Committee had previously noted the Government’s information that, though children under the age of 15 years participate in artistic performances in practice, there is no system of individual permits for children engaged in such activities. It had also noted the Government’s statement that it intends to liaise with the stakeholders to devise such a system. The Committee notes the Government’s information that there have not yet been any developments with regard to the establishment of the system of individual permits for children under 15 years of age who participate in artistic performances. It notes, however, the Government’s indication that it intends to consider this matter during the process of amending the Labour Code. The Committee expresses the hope that, in the process of amending the Labour Code, the Government will take the necessary measures to establish a system of individual permits for children under the age of 15 years who participate in artistic performances. It requests the Government to provide information on any developments made in this regard.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 128(1) of the Labour Code provides that every employer in an industrial undertaking shall keep a register of all children and young persons employed and working therein, which shall include, amongst others, their ages or apparent ages and dates of commencement and termination of employment. It had noted, however, that this provision of the Labour Code only applies to employers in industrial undertakings. The Committee had also noted the Government’s information that, as far as commercial sectors are concerned, there is full compliance. The Committee notes the Government’s information that a new provision which covers all children working in any workplace or establishment under the control of the employer, including domestic workers as well as self-employed children, has been inserted in the draft Labour Code.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee had previously noted the Government’s information that the office of the Labour Commissioner carries out inspections in all commercial economies but not in the informal economy and private residences, which is where most child labour is carried out. It had also noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 23 per cent of the children in Lesotho are child labourers. According to the report, the findings suggest that in Lesotho children mainly work in agricultural activities followed by those who work as domestic workers. The Committee notes the Government’s information that the implementation of the action plan towards the elimination of child labour will enable to progressively reduce child labour in all sectors of the economy. The Committee requests the Government to take the necessary measures to improve the situation of child labour in the informal sector, including through strengthening the labour inspection system in these sectors. It also requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports as well as the number and nature of violations detected and penalties imposed.

The Committee encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted that the Government had taken a number of educational initiatives in collaboration with UNICEF, such as: the Non-Formal Education Project, the Early Childhood Development Project and the Free Primary School Education Project. It noted the Government’s information that the Non-Formal Education Project is implemented through the following initiatives: (1) basic non-formal education, which is provided free of charge to all children who are 9 years of age and above to enable them to read, write, and make basic sums; (2) high school education, based on distance teaching; (3) pre‑primary education, monitored by the Ministry of Education and Training, which is provided to children in pre-schools. With regard to the Free Primary School Education Project, the Committee noted the Government’s information that it is still working towards making education compulsory. The Committee noted the Government’s information that the Law Reform Commission passed the Children’s Protection and Welfare Bill of 2005, whose aim is to promote and protect the rights of children. The Committee requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and on the results attained. It also requests the Government to provide a copy of the Children’s Protection and Welfare Bill of 2005 as soon as it has been approved.

Article 2, paragraph 1. 1. Scope of application. 1. Self-employment. In its previous comments, the Committee had noted that the provisions of the Labour Code appear to exclude self-employment from its application. It had further noted that, according to the Committee on the Rights of the Child (CRC/C/15/Add.147, paragraphs 55 and 59), children are increasingly employed as street traders and porters and there is an increasing number of children working on the streets. The Committee had requested the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee noted the Government’s information that, as the Labour Code excludes from its scope of application non-contractual relationships, it will be highly impossible to enforce the provisions of the Convention, in so far as it covers all sectors of work independently from an employment relationship. The Government nevertheless pointed out that the Labour Code is under review and the hope was that this issue will be addressed. The Committee encourages the Government to take measures to ensure that all types of work outside an employment relationship, such as self-employment, benefit from the protection laid down in the Convention.

2. Agricultural and domestic work. The Committee had previously noted that, according to section 124(1) of the Labour Code, no child (i.e. under 15 years) shall be employed in any commercial or industrial undertaking in which only members of the child’s own family are employed. It had also noted that, according to the Government’s initial report to the Committee on the Rights of the Child of 1998 (CRC/C/11/Add.20), the Labour Code is commonly seen to apply only to industrial work and that children under 15 years of age are regularly engaged in herding livestock and domestic work. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than commercial or industrial undertakings, such as agricultural and domestic work. The Committee noted the Government’s information that with regard to agricultural work, there is no age distinction between it and other economic sectors. It also noted the Government’s information that, with regard to domestic work, the same problem arises as for self-employed workers and the issue will be passed on the competent authority. The Committee encourages the Government, in the framework of the Labour Law review and of the enactment of the Children’s Protection and Welfare Bill, to take measures to ensure that domestic workers benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted the information from UNICEF that the Free Primary School Education Project has succeeded in enrolling an additional 120,000 children in primary schools since 2000. It had, however, noted that primary education has not yet been made compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, continue not to have access to education. The Committee had considered that the requirement of Article 2(3) of the Convention was fulfilled since the minimum age for admission to employment was not less than the age of completion of compulsory education. It had nevertheless considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee noted the Government’s information that the Ministry of Employment and Labour will meet with the Ministry of Education to come up with a way forward in order to link the age limit of compulsory education with that of employment. The Committee noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 21.5 per cent of children were not attending school. The Committee also noted the Government’s information that a project entitled “Reducing Exploitative Child Labour” (RECLISA) funded by the United States Department of Labor through American Research Project, is intended to run for four years from 2005. The foundations of this project were laid upon previous work carried out by the Government of Lesotho Distance Teaching Centre. It noted that, according to the information available at the Office, the RECLISA project in Lesotho concentrates mainly on young herders, but other working children and older school drop-outs will also benefit from non-formal education opportunities. The project is expected to enrol a minimum of 2,000 herders and other vulnerable children over a period of four years. These children will be taught literacy and numeracy together with basic life skills in areas that will help them earn a living as they get older. The Committee requests the Government to keep it informed of any developments with regard to linking the age limit of compulsory education with that of the employment. It also asks the Government to provide information on the number of children enrolled under the RECLISA project.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the national legislation did not seem to provide for a list of the types of work or employment likely to jeopardize the health or morals of a child or young person pursuant to section 125(1) of the Labour Code. The Committee had asked the Government to indicate whether any declaration regarding the types of work or employment that are likely to jeopardize the health, safety or morals of children had been issued by the Minister or by the Labour Commissioner pursuant to section 125(1) of the Labour Code. The Committee noted the Government’s information that the Government has not yet provided for a list of types of work or employment that are likely to jeopardize the health, safety or morals of children, but indicates that this will be looked into as a matter of urgency. The Government also added that section 237 of the Children’s Protection and Welfare Bill of 2005 prohibits the employment of children in any hazardous work. The Committee reminded the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety or morals of children, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. It requests the Government to keep it informed of any developments with regard to the adoption of the list of types of hazardous work or employment, including eventually in the Children’s Protection and Welfare Bill of 2005.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously requested the Government to provide information on the system of vocational and technical education, enrolment figures, conditions prescribed by the relevant competent authorities, and on consultations with the employers’ and workers’ organizations concerned, for any work done by children and young persons authorized as part of vocational and technical education. It had also requested the Government to provide information on the minimum age for apprenticeship and on the conditions governing work done by apprentices pursuant to sections 126 and 127 of the Labour Code. The Committee noted the Government’s information that vocational and technical education falls directly under the Ministry of Education and is offered in a number of technical schools. These schools offer courses ranging from automotive mechanics, building, carpentry and joinery, electric installations, leather works, plumbing, cooking catering, and panel beating. The Committee noted that the Government does not provide information on the minimum age for admission to apprenticeship.

The Committee reminds the Government that, by virtue of Article 6, of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee once again requests the Government to indicate what the minimum age is for admission to apprenticeship. If no age is fixed in the Labour Code for apprenticeship, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

Article 7. Light work. The Committee had previously noted that section 124(2) of the Labour Code permits the employment of children between the ages of 13 and 15 for light work in technical schools and similar institutions, provided that the work has been approved by the Department of Education. The Committee asked the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. The Committee had reminded the Government that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee noted the Government’s information that the provisions which determine light physical work have not yet been adopted but that the Government will follow up on this matter. It also noted the information contained in the 2004 Lesotho Child Labour Survey – Analytical Report – that 38.6 per cent of children regardless of age worked between 22 and 28 hours per week. The Committee encourages the Government to take measures to determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. It requests the Government to keep it informed of any developments in this regard.

Article 8. Artistic performances. Following its previous comments, the Committee noted the Government’s information that children under the age of 15 years participate in artistic performances in practice. However, a system of individual permits for children so engaged is not in place. The Committee noted the Government’s statement that it intends to liaise with the stakeholders to devise such a system. The Committee requests the Government to keep it informed of any developments in establishing a system of individual permits for children under 15 years of age participating in artistic performances in conformity with Article 8 of the Convention.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 128(1) of the Labour Code provides that every employer in an industrial undertaking shall keep a register of all children and young persons employed and working therein, which shall include, amongst others, their ages or apparent ages and date of commencement and termination of employment. It had noted, however, that this provision of the Labour Code only applies to employers in industrial undertakings. The Committee noted the Government’s information that in as far as commercial sectors are concerned, there is full compliance. However, the Labour Code does not cater to the need to carry out inspections in the informal sector. According to the Government, the Labour Code is under review. Problems will nevertheless arise as to the enforcement of the law, because the Ministry has very few resources to carry out inspections. The Committee once again reminded the Government that the Convention requires that the obligation of keeping such registers extends to employers in all sectors of economic activity. It encourages the Government, in the framework of the Labour Law review and of the enactment of the Children’s Protection and Welfare Bill, to take the necessary measures to ensure conformity with the Convention in this respect.

Part III of the report form. The Committee noted the Government’s information that the office of the Labour Commissioner carries out inspections in all commercial economies but not in the informal economy and private residences, which is where most of the times child labour is carried out. The Committee noted the “Integrated labour inspection form” supplied by the Government. It requests the Government to supply extracts from the reports of inspections services and information on the number and nature of violations detected involving children.

Part V of the report form. The Committee noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 23 per cent of the children in Lesotho were child labourers. According to the report, the findings suggest that in Lesotho children were mainly working in agricultural activities followed by those who were working as domestic workers. The Committee encourages the Government to progressively reduce the number of children working and to take the necessary measures to apply the provisions of the Convention. The Committee also invites the Government to continue providing information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons.

The Committee noted that the Government intends to review the Labour Code and is in the process of enacting the Children’s Protection and Welfare Bill of 2005. It encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to inform it of any progress made in reviewing the Labour Code and invites it to consider technical assistance from the ILO.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted that the Government had taken a number of educational initiatives in collaboration with UNICEF, such as: the Non-Formal Education Project, the Early Childhood Development Project and the Free Primary School Education Project. It notes the Government’s information that the Non-Formal Education Project is implemented through the following initiatives: (1) basic non-formal education, which is provided free of charge to all children who are 9 years of age and above to enable them to read, write, and make basic sums; (2) high school education, based on distance teaching; (3) Pre-primary education, monitored by the Ministry of Education and Training, which is provided to children in pre-schools. With regard to the Free Primary School Education Project, the Committee notes the Government’s information that it is still working towards making education compulsory. The Committee notes the Government’s information that the Law Reform Commission passed the Children’s Protection and Welfare Bill of 2005, whose aim is to promote and protect the rights of children. The Committee requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and on the results attained. It also requests the Government to provide a copy of the Children’s Protection and Welfare Bill of 2005 as soon as its has been approved.

Article 2, paragraph 1. 1. Scope of application. 1. Self-employment. In its previous comments, the Committee had noted that the provisions of the Labour Code appear to exclude self-employment from its application. It had further noted that, according to the Committee on the Rights of the Child (CRC/C/15/Add.147, paragraphs 55 and 59), children are increasingly employed as street traders and porters and there is an increasing number of children working on the streets. The Committee had requested the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s information that, as the Labour Code excludes from its scope of application non-contractual relationships, it will be highly impossible to enforce the provisions of the Convention, in so far as it covers all sectors of work independently from an employment relationship. The Government nevertheless points out that the Labour Code is under review and the hope is that this issue will be addressed. The Committee encourages the Government to take measures to ensure that all types of work outside an employment relationship, such as self-employment, benefit from the protection laid down in the Convention.

2. Agricultural and domestic work. The Committee had previously noted that, according to section 124(1) of the Labour Code, no child (i.e. under 15 years) shall be employed in any commercial or industrial undertaking in which only members of the child’s own family are employed. It had also noted that, according to the Government’s initial report to the Committee on the Rights of the Child of 1998 (CRC/C/11/Add.20), the Labour Code is commonly seen to apply only to industrial work and that children under 15 years of age are regularly engaged in herding livestock and domestic work. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than commercial or industrial undertakings, such as agricultural and domestic work. The Committee notes the Government’s information that with regard to agricultural work, there is no age distinction between it and other economic sectors. It also notes the Government’s information that, with regard to domestic work, the same problem arises as for self-employed workers and the issue will be passed on the competent authority. The Committee encourages the Government, in the framework of the Labour Law review and of the enactment of the Children’s Protection and Welfare Bill, to take measures to ensure that domestic workers benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted the information from UNICEF that the free Primary School Education project has succeeded in enrolling an additional 120,000 children in primary schools since 2000. It had, however, noted that primary education has not yet been made compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, continue not to have access to education. The Committee had considered that the requirement of Article 2(3) of the Convention were fulfilled since the minimum age for admission to employment was not less than the age of completion of compulsory education. It had nevertheless considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee notes the Government’s information that the Ministry of Employment and Labour will meet with the Ministry of Education to come up with a way forward in order to link the age limit of compulsory education with that of employment. The Committee notes that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 21.5 per cent of children were not attending school. The Committee also notes the Government’s information that a project entitled “Reducing Exploitative Child labour” (RECLISA) funded by the United States Department of Labor through American Research Project, is intended to run for four years from 2005. The foundations of this project were laid upon previous work carried out by the Government of Lesotho Distance Teaching Centre. It notes that, according to the information available at the Office, the RECLISA project in Lesotho concentrates mainly on young herders, but other working children and older school drop-outs will also benefit from non-formal education opportunities. The project is expected to enroll a minimum of 2,000 herders and other vulnerable children over a period of four years. These children will be taught literacy and numeracy together with basic life skills in areas that will help them earn a living as they get older. The Committee requests the Government to keep it informed of any developments with regard to linking the age limit of compulsory education with that of the employment. It also asks the Government to provide information on the number of children enrolled under the RECLISA project.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the national legislation did not seem to provide for a list of the types of work or employment likely to jeopardize the health or morals of a child or young person pursuant to section 125(1) of the Labour Code. The Committee had asked the Government to indicate whether any declaration regarding the types of work or employment that are likely to jeopardize the health, safety or morals of children had been issued by the Minister or by the Labour Commissioner pursuant to section 125(1) of the Labour Code. The Committee notes the Government’s information that the Government has not yet provided for a list of types of work or employment that are likely to jeopardize the health, safety or morals of children, but indicates that this will be looked into as a matter of urgency. The Government also adds that section 237 of the Children’s Protection and Welfare Bill of 2005 prohibits the employment of children in any hazardous work. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety or morals of children, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. It requests the Government to keep it informed of any developments with regard to the adoption of the list of types of hazardous work or employment, including eventually in the Children’s Protection and Welfare Bill of 2005.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that, by virtue of section 124(1) of the Labour Code, the employment of a child in a private undertaking in which only members of the child’s own family, up to five in total number, are employed, is excluded from the scope of application of the Convention. It had asked the Government to indicate the reasons for which children working in family undertakings have been excluded from the scope of the Convention, the position of its law and practice in respect of children working in family undertakings as well as the extent to which effect has been given or is proposed to be given to such category of work. The Committee notes the Government’s information that the reason why the employment of a child in which only the members of the child’s own family are employed is excluded from the application of the Convention, is that it is assumed that this work will not be hazardous or exploitative. This decision was taken pursuant to the advice of the National Advisory Committee on Labour, which is a tripartite body established to advise the Minister of Employment and Labour on labour issues.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously requested the Government to provide information on the system of vocational and technical education, enrolment figures, conditions prescribed by the relevant competent authorities, and on consultations with the employers’ and workers’ organizations concerned, for any work done by children and young persons authorized as part of vocational and technical education. It had also requested the Government to provide information on the minimum age for apprenticeship and on the conditions governing work done by apprentices pursuant to sections 126 and 127 of the Labour Code. The Committee notes the Government’s information that vocational and technical education falls directly under the Ministry of Education and is offered in a number of technical schools. These schools offer courses ranging from automotive mechanics, building, carpentry and joinery, electric installations, leather works, plumbing, cooking catering, and panel beating. The Committee notes that the Government does not provide information on the minimum age for admission to apprenticeship.

The Committee reminds the Government that, by virtue of Article 6, of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee once again requests the Government to indicate what is the minimum age for admission to apprenticeship. If no age is fixed in the Labour Code for apprenticeship, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

Article 7. Light work. The Committee had previously noted that section 124(2) of the Labour Code permits the employment of children between the ages of 13 and 15 for light work in technical schools and similar institutions, provided that the work has been approved by the Department of Education. The Committee asked the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. The Committee had reminded the Government that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee notes the Government’s information that the provisions which determine light physical work have not yet been adopted but that the Government will follow up on this matter. It also notes the information contained in the 2004 Lesotho Child Labour Survey – Analytical Report – that 38.6 per cent of children regardless of age worked between 22-28 hours per week. The Committee encourages the Government to take measures to determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. It requests the Government to keep it informed of any developments in this regard.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that children under the age of 15 years participate in artistic performances in practice. However, a system of individual permits for children so engaged is not in place. The Committee notes the Government’s statement that it intends to liaise with the stakeholders to devise such a system. The Committee requests the Government to keep it informed of any developments in establishing a system of individual permits for children under 15 years of age participating in artistic performances in conformity with Article 8 of the Convention.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 128(1) of the Labour Code provides that every employer in an industrial undertaking shall keep a register of all children and young persons employed and working therein, which shall include, amongst others, their ages or apparent ages and date of commencement and termination of employment. It had noted, however, that this provision of the Labour Code only applies to employers in industrial undertakings. The Committee notes the Government’s information that in as far as commercial sectors are concerned, there is full compliance. However, the Labour Code does not cater to the need to carry out inspections in the informal sector. According to the Government, the Labour Code is under review. Problems will nevertheless arise as to the enforcement of the law, because the Ministry has very few resources to carry out inspections. The Committee once again reminds the Government that the Convention requires that the obligation of keeping such registers extends to employers in all sectors of economic activity. It encourages the Government, in the framework of the Labour Law review and of the enactment of the Children’s Protection and Welfare Bill, to take the necessary measures to ensure conformity with the Convention in this respect.

Part III of the report form. The Committee notes the Government’s information that the office of the Labour Commissioner carries out inspections in all commercial economies but not in the informal economy and private residences, which is where most of the times child labour is carried out. The Committee notes the “Integrated labour inspection form” supplied by the Government. It requests the Government to supply extracts from the reports of inspections services and information on the number and nature of violations detected involving children.

Part V of the report form. The Committee notes that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 23 per cent of the children in Lesotho were child labourers. According to the report, the findings suggest that in Lesotho children were mainly working in agricultural activities followed by those who were working as domestic workers. The Committee encourages the Government to progressively reduce the number of children working and to take the necessary measures to apply the provisions of the Convention. The Committee also invites the Government to continue providing information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons.

The Committee notes that the Government intends to review the Labour Code and is in the process of enacting the Children’s Protection and Welfare Bill of 2005. It encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to inform it of any progress made in reviewing the Labour Code and invites it to consider technical assistance from the ILO.

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

The Committee takes note of the Government’s first report. It also notes with interest that Lesotho ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), on 14 June 2001. The Committee requests the Government to provide information on the following points.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s statement that there is no particular policy designed to ensure the abolition of child labour. It notes, however, that the Government has taken several educational initiatives and projects in collaboration with UNICEF, such as the 1995-2000 National Plan of Action (NPA) for children (articulating how the World Declaration on the Survival, Protection and Development of Children of 1990 will be implemented at the national level); the Non-formal Education Project (promoting non-formal learning opportunities); the Early Childhood Development Project (monitoring all pre-primary schooling); the Free Primary School Education Programme, which introduced free education for children commencing Grade One in January 2000. The Committee asks the Government to provide information on these various projects and the results attained, specifying how they contribute to the effective abolition of child labour.

Article 2, paragraph 1. Scope of application. (i) Self-employment. The Committee notes that, by virtue of section 2(1), the Labour Code applies to any employment in the private sector and to any employment by or under the Government, or by or under the public authority; it also applies to apprentices. The Committee notes furthermore that section 3 of the Labour Code defines "employee" as any person who works in any capacity under a contract with an employer in either an urban or a rural setting. The Committee notes that the provisions of the Labour Code appear to exclude self-employment from its application. In addition, it notes that, according to the Committee on the Rights of the Child (CRC/C/15/Add.147), children are increasingly employed as street traders and porters and there is an increasing number of children working on the streets (section D.8 (55); (59)). The Committee reminds the Government that the Convention applies to all sectors of economic activity and that it covers all forms of employment or work, whether or not there is a contractual employment and whether or not the work is remunerated. The Committee requests the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment.

(ii) Agricultural and domestic work. The Committee notes the Government’s indication that according to section 124(1) of the Labour Code, no "child"- defined by section 3 as a person under the age of 15 years - shall be employed in any commercial or industrial undertaking other than a private undertaking in which only members of the child’s own family are employed. The Committee also notes from the report of 20 July 1998 submitted by the Government of Lesotho to the Committee on the Rights of the Child (CRC/C/11/Add.20) that the Labour Code of 1992 is commonly seen as applying only to industrial work and that children under 15 years of age are regularly engaged in herding livestock and domestic work. The Committee asks the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than commercial or industrial undertakings, such as agricultural and domestic work.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that according to the Committee on the Rights of the Child (CRC/C/15/Add.147), free education has been introduced in Lesotho for those commencing Grade One in January 2000. It also observes the information from UNICEF that the free primary education project has succeeded in enrolling an additional 120,000 children in primary schools since 2000. However, the Committee notes that primary education has not yet been made compulsory and that many children, in particular herd-boys, children living in poverty and children in remote rural communities continue not to have access to education. The Committee further notes that article 28(b) of the Lesotho Constitution of 1993 provides that Lesotho shall endeavour to make education available to all and shall adopt policies aimed at securing that primary education is compulsory and available to all. The Committee also notes that section 3(2) of the Education Act No. 10 of 1995 requires a parent of a child of school-going age to cause that child to receive full-time education suitable to his age, by regular attendance at school or otherwise. Nevertheless, it notes that the Education Act does not specify the minimum age for the commencement or completion of such education, nor does it define the "school-going age" of a child. The Committee considers the requirement of Article 2(3) of the Convention is fulfilled since the minimum age for employment is not less than the age of the completion of compulsory education. The Committee is nevertheless of the opinion that compulsory education is one of the most effective means of combating child labour and that it is important to emphasize the necessity of linking the age of admission to employment to the age limit for compulsory education. If the two ages do not coincide, various problems may arise. If compulsory schooling comes to an end before the young persons are legally entitled to work, there may be an enforced period of idleness (see ILO: Minimum age, General Survey of the reports relating to Convention No. 138 and Recommendation No. 146 concerning minimum age, Report of the Committee of Experts on the Application of the Conventions and Recommendations, Report III (Part 4(B)), ILC, 67th Session, Geneva, 1981, paragraph 140). The Committee therefore considers it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. It hopes, therefore, that the Government will indicate any development in this regard.

Article 3, paragraph 1. Minimum age for admission to hazardous work. The Committee notes with interest the Government’s indication that section 125(1) of the Labour Code provides that a child or young person shall not be employed on any work which is injurious to his/her health or morals, dangerous or otherwise unsuitable, or on any work which the Minister, by notification in the Gazette, or the Labour Commissioner, acting in accordance with any directions of the Minister, has declared, by notice in writing, to be a kind which is injurious to the health or morals of a child. Under the terms of section 3 of the Labour Code, a "child" is a person under the age of 15 years and a "young person" is a person who is over the age of 15 years but under the age of 18 years. The Committee also notes that section 126(1) of the Labour Code prohibits the employment of children and young persons at night in any commercial or industrial undertaking and section 127 prohibits the employment of children and young persons in mines, quarries or any opencast working, except in terms of an apprenticeship agreement approved by the Labour Commissioner.

Paragraph 2. Determination of hazardous work. The Committee notes that the national legislation does not seem to provide for a list of the types of work or employment likely to jeopardize the health or morals of a child or young person pursuant to section 125(1) of the Labour Code. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety and morals of children, shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, where such exist. The Committee asks the Government to indicate whether any declaration regarding the types of work or employment that are likely to jeopardize the health, safety and morals of children has been issued by the Minister or by the Labour Commissioner, pursuant to section 125(1) of the Labour Code. If so, the Committee asks the Government to communicate the list of the types of hazardous work and to indicate whether workers’ and employers’ organizations were previously consulted for the determination of such work.

Article 4. Exclusion of limited categories of employment or work. The Committee notes the Government’s indication in its first report that, by virtue of section 124(1) of the Labour Code, the employment of a child in a private undertaking in which only members of the child’s own family, up to five in total number, are employed, is excluded from the application of the Convention. The Committee recalls that by virtue of Article 4, paragraph 1, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, may exclude from the application of this Convention limited categories of employment or work in respect of which special and substantial problems of applications arise. Paragraph 2 not only requires to list in a first report any categories which may have been excluded, but also to state the reasons for such exclusion. Consequently, the Committee asks the Government to indicate, in its next report, the reasons for which children working in family undertakings have been excluded from the scope of the Convention, the position of its law and practice in respect of children working in family undertakings, as well as the extent to which effect has been given or is proposed to be given to the Convention in respect of this category of work. The Committee also asks the Government to provide information on consultations held on this matter with the employers’ and workers’ organizations concerned.

Article 6. Apprenticeship and vocational training. The Committee notes that, by virtue of section 2(1), the Labour Code Order applies to apprentices. The Committee notes that the Labour Code Order does not regulate apprenticeship and vocational training, with the exception of the provisions of sections 126 and 127. By virtue of section 126(1), the Labour Commissioner may, for the purposes of apprenticeship or training in such industries or occupations which need to be carried on continuously (as the Minister may by regulation prescribe), authorize the employment during the night of young persons who have attained the age of 16 years, provided they are granted a rest period of at least 13 consecutive hours between two periods of work. According to section 127(1), no child or young person shall be employed in any mine or in any quarry or opencast working except a young male person over the age of 16 who is employed otherwise than underground in terms of an apprenticeship agreement approved by the Labour Commissioner and in respect of whom a medical officer has certified that he is fit for such work. The Committee notes that, by virtue of section 14(1) of the Lesotho Technical and Vocational Training Act of 1984, the Minister of Education may, on the advice of the Technical and Vocational Training Board, make schemes for regulating the training of persons in any trade or occupation and may also specify the minimum age and educational standards required (section 14(2)(a)), the period of training (section 14(2)(b)), the different conditions in respect of different classes of trainees and workers (section 14(3)). By virtue of section 15, the Minister of Education may also make regulations for carrying the Vocational Training Act into effect. Moreover, the Committee notes that the Technical and Vocational Act of 1984 seems to have been revised in 1993 to include apprenticeship training. It further notes that the Constitution of Lesotho provides under article 29(1)(b) that the Government shall adopt policies aimed at providing technical and vocational guidance and training programmes. The Committee therefore requests the Government to provide information on the system of vocational and technical education, enrolment figures, conditions prescribed by the relevant competent authorities and on consultations with the employers’ and workers’ organizations concerned, for any work done by children and young persons authorized as part of vocational or technical education. The Committee also requests the Government to provide information on the minimum age for apprenticeships and on the conditions governing work done by apprentices pursuant to sections 126 and 127 of the Labour Code.

Article 7. Light work. The Committee notes that section 124(2) of the Labour Code permits the employment of children between the ages of 13 and 15 for light work in technical schools and similar institutions, provided that the work has been approved by the Department of Education. It notes the Government’s statement that the activities and conditions of light work have not been specified. The Committee notes, however, that, according to the Committee on the Rights of the Child (CRC/C/15/Add.147), quite a number of children under 15 years are economically active in some way or another. The Committee reminds the Government that Article 7, paragraph 1, of the Convention provides that national laws or regulations may permit the employment or work of persons 13 to 15 years of age on light work which is: (a) not likely to be harmful to their health and development; and (b) not such to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. It also recalls that according to Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee accordingly requests the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age.

Article 8. Artistic performances. The Committee notes the Government’s statement that no permits exist and no commitments have been made for such purposes as participation in artistic performances. The Committee draws the Government’s attention to the possibility under Article 8 of the Convention to establish a system of individual permits for children under the minimum age who work in activities such as artistic performances, if these are performed in practice. The Committee requests the Government to provide information on whether children under the age of 15 years participate in artistic performances in practice.

Article 9. Registers of employment. The Committee notes that, according to the Government’s information and to section 128(1) of the Labour Code, every employer in an industrial undertaking shall keep a register of all children and young persons employed and working therein and shall include in such register particulars of their ages or apparent ages, the dates of commencement and termination of employment and such other particulars as the Minister may by regulation prescribe. The employer shall produce the register for inspection whenever so required by a labour officer. However, the Committee notes that this provision of the Labour Code applies only to employers in industrial undertakings. The Committee reminds the Government that the Convention requires that the obligation of keeping such registers extends to employers in all sectors of economic activity and asks the Government to indicate the measures taken or envisaged to ensure conformity with the Convention in this respect.

Part III of the report form. The Committee notes that the Labour Code provides for a system of inspection ensured primarily by labour officers (inspectors) including the Labour Commissioner and such other officers and delegates as necessary for the purposes of the administration of the Labour Code (sections 12 and 13). Nevertheless, the Committee observes with concern the information provided by the Committee on the Rights of the Child in its Concluding Observations of 21 February 2001 (CRC/C/15/Add.147) about the large number of children working in potentially dangerous conditions and the lack of monitoring and supervision over the conditions in which they work (section D.8(55)). The Committee therefore requests the Government to provide information on the practical application of the inspections and to supply a copy of the reports of such inspections.

Part V. The Committee notes the Government’s statement that there are no statistical data on the employment of children and young persons but there is factual information that children work as herd-boys, domestic workers and food sellers. The Committee further notes that according to the Committee on the Rights of the Child (CRC/C/15/Add.147), children are also increasingly employed as street traders, porters and in textile and garment factories and there is an increasing number of children living and/or working on the streets (section D.8(55)(59)). The Committee requests the Government to continue providing information on the manner in which the Convention is applied, including, for example, statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.