Observación (CEACR) - Adopción: 2011, Publicación: 101ª reunión CIT (2012)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Lesotho (Ratificación : 2001)

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Article 3 of the Convention. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously urged the Government to take immediate measures to ensure the adoption of legislation prohibiting the sale and trafficking of children.

The Committee notes with satisfaction that the Anti-Trafficking in Persons Act was enacted into law on 11 January 2011, and that section 5(1) and (2) of this Act prohibits the trafficking of children. Section 5(2) of this Act provides for a maximum penalty of life imprisonment or a fine of up to 2,000,000 Lesotho malotis (LSL) for this offence (approximately US$253,453). In addition, the Committee notes that section 2 of the Anti-Trafficking in Persons Act defines a child as a person who is under 18 years of age and defines trafficking to include the recruitment, transportation, transfer, harbouring, sale, supply or receipt of persons, within and across the borders of Lesotho by means of the use of threat, force or other means of coercion, abduction, kidnapping, fraud or deception, the abuse of power, law or legal process or a position of vulnerability or debt bondage or the giving or receiving of payment to obtain the consent of a person having control over another person, for the purpose of exploitation. Moreover, the Committee notes with interest that the Children’s Protection and Welfare Act was adopted on 31 March 2011 and that section 67 thereof prohibits the trafficking of children (defined as all person under the age of 18, pursuant to section 3 of the Act).

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. In its previous comments, the Committee noted that street children were used by adults in illegal activities, such as housebreaking and petty theft. It also noted the Government’s indication that there is no legislation that specifically prohibits the use, procuring or offering of a child under the age of 18 for illicit activities. However, it noted that the section 129A(3)(c) of the draft revision of the Labour Code prohibited the worst forms of child labour, including the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs.

The Committee notes that section 18 of the Children’s Protection and Welfare Act states that a child has the right to be protected from, inter alia, being involved in the production, trafficking or distribution of drugs. However, the Committee observes that this provision does not appear to explicitly prohibit the use, procuring or offering of a child for other illicit activities, nor does it provide for penalties for adults who engage in this practice. Regarding the draft revision of the Labour Code, the Committee notes the Government’s statement that the Code is currently being prepared for presentation to Parliament and that it hopes that the draft revision of the Labour Code will be adopted early next year. Observing that the Government has been referring to the impending adoption of the draft revision of the Labour Code since 2006, the Committee urges the Government to take the necessary measures to ensure its adoption in the near future, to prohibit the use, procuring or offering of a child under 18 for illicit activities.

Clause (d). Hazardous work. Child domestic work. The Committee previously noted that, according to the 2004 Lesotho Child Labour Survey, girls performing domestic work face verbal, physical and, in some cases, sexual abuse from their employers, and that these children generally do not attend school. This survey also indicated that 17.4 per cent of all working children were paid domestic workers. The Committee further noted the Government’s reference to the provision inserted in the draft revision of the Labour Code which provides for the protection of children engaged in domestic work. In addition, the Committee noted the information in the joint document produced by ILO–IPEC and the Ministry of Employment and Labour in 2006 entitled “Implementation Plan of the Programme towards the elimination of the worst forms of child labour in Lesotho” that girls as young as 12 years work as domestic workers, and that these children often work long exhausting days for low pay.

The Committee notes the Government’s statement in its report submitted under the Minimum Age Convention, 1973 (No. 138), that, pursuant to tripartite discussions at the National Advisory Committee on Labour, separate regulations will be promulgated on domestic work, instead of regulating domestic work through the Labour Code. The Committee also notes the Government’s statement in its report to the Committee on the Elimination of Discrimination Against Women of 26 August 2010 that domestic work is an unregulated sector and the rights of these workers are open to abuse (CEDAW/C/LSO/1-4, paragraph 68). The Committee accordingly urges the Government to take immediate and effective measures to ensure that child domestic workers are protected from hazardous work. In this regard, it requests the Government to take measures to ensure that the regulations promulgated on domestic work prohibit hazardous work in this sector to all children under 18 years of age. It further requests the Government to provide a copy of these regulations, once adopted.

Article 4(1). Determination of hazardous work. The Committee previously requested the Government to take measures to ensure the elaboration and adoption of a list of hazardous types of work prohibited for persons under 18 years.

The Committee notes with satisfaction that section 230(1) of the Children’s Protection and Welfare Act states that no child below 18 years shall be employed in any form of hazardous work, and section 230(2) specifies that hazardous work includes mining and quarrying; porterage of heavy loads; work in manufacturing industries where chemicals are produced or used; work in places where dangerous machines are used; work in places such as bars, hotels and places of entertainment; herding animals at cattle posts; and the production and trafficking of tobacco. The Committee also notes that section 230(4) of the Children’s Protection and Welfare Act states that a person who contravenes this prohibition commits an offence and is liable to a fine not exceeding LSL20,000 (approximately US$2,150) or to a period of imprisonment not exceeding 20 months.

Part V of the report form. Application of the Convention in practice. The Committee noted the comments of the Commissioner of Labour of 2 March 2008 indicating that child labour continues to be a problem in Lesotho, particularly with regard to under-age domestic workers and herders. The Committee also noted the information in the joint document produced by ILO–IPEC and the Ministry of Employment and Labour of 2006 indicating that the trafficking of children, commercial sexual exploitation, the use of children by adults in illegal activities and hazardous street work are all present in Lesotho. The Committee requested the Government to provide information on the nature, extent and trends of the worst forms of child labour.

The Committee notes the information in the Government’s report that a child labour survey needs to be carried out in order to determine the nature, extent and trends of child labour in Lesotho, as the last such survey was carried out in 2004. The Government indicates that meetings were held with ILO–IPEC in June 2011 regarding technical assistance for this purpose. The Committee strongly encourages the Government to pursue its efforts to undertake a survey on child labour and its worst forms, to ensure that up-to-date statistical information on this subject is made available. It also requests the Government to provide, along with its next report, information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed with regard to the worst forms of child labour. To the extent possible, all information provided should be disaggregated by sex and age.

The Committee is raising other points in a request addressed directly to the Government.