CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Lesotho (RATIFICATION: 1966)
Protocol of 2014 to the Forced Labour Convention, 1930 - Lesotho (RATIFICATION: 2019)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative and institutional framework. The Committee previously requested the Government to provide information on the measures taken to prevent, suppress and punish trafficking in persons, including the measures taken within the National Anti-Trafficking in Persons Strategic Framework and Action Plan (NATPSF-AP 2014–2016).

The Committee notes the Government’s information in its report that the NATPSF-AP has been revised and a new action plan 2018–2023 has been adopted. It also notes the Government’s information that a Multi-sectoral Committee for combating trafficking in persons which oversees all issues pertaining to trafficking in persons has been established. The Multi-sectoral Committee comprises members from various Government ministries, law enforcement agencies, the judiciary and non-governmental organizations. According to the Government’s report, the Multi-sectoral Committee provided training to 33 police officers on investigative skills and three prosecutors on implementing the provisions of the Anti-trafficking in Persons Act. Moreover, 24 newly appointed diplomats were sensitized on anti-trafficking issues and ten labour inspectors were trained on identification of trafficking cases.

The Committee also notes the information from the International Organization for Migration (IOM) that a project entitled “Strengthening the response of the Government of Lesotho and civil society to address trafficking in persons” has been initiated in Lesotho. This project, which shall be implemented up to March 2022, aims to strengthen the trafficking in persons response including the identification, protection and referral of potential victims of trafficking at district and national levels. It will also support the Multi-sectoral Committee to deliver on its mandate to prevent and identify trafficking in persons cases and enhance protection of victims. The Committee further notes from the official website of the Government of Lesotho that Phase II project on counter trafficking and addressing irregular migration through strengthening border and migration management, sensitization on trafficking in persons and building capacity of law enforcement and border officials was launched in 2019. The Committee requests the Government to provide information on the concrete measures taken within the framework of the counter trafficking and addressing irregular migration project Phase II, the project on strengthening the response of the Government and civil society to address trafficking in persons, and the revised Anti-Trafficking in Persons Strategic Framework and Action Plan 2018–2023 in combating trafficking in persons and the results achieved. It also requests the Government to continue providing information on the activities carried out by the Multi-sectoral Committee in preventing and identifying cases of trafficking.

2. Protection and reintegration of victims. The Committee previously noted the Government’s indication that, although it had not established a victim care centre or a fund to protect and rehabilitate victims of trafficking, medical, psychological and legal services, and life skills workshops were made accessible to victims at government hospitals and clinics. It also noted that the Government had collaborated with civil society organizations to run care centres to provide assistance to victims of trafficking. The Committee requested the Government to continue to provide information on the measures taken to provide protection and assistance to victims with a view to facilitating their subsequent reintegration into society.

The Committee notes the Government’s information that the Ministry of Home Affairs is in the process of establishing a permanent home for victims of trafficking. The Committee requests the Government to provide information on the protection and assistance measures taken or envisaged for victims of trafficking in the home, and on the number of victims who are benefiting from such measures.

3. Adequate penalties. The Committee previously observed that pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act, a person convicted of trafficking could possibly be convicted only to pay a fine. In this regard, the Committee noted the Government’s reference to two trials before the court for which a conviction was secured. The Committee requested the Government to provide information on the number of investigations carried out, convictions and penalties imposed on perpetrators pursuant to section 5(1) and (2) of the Anti-Trafficking in Persons Act.

The Committee notes the Government’s information that to date, 56 cases of trafficking in persons have been recorded, of which 12 are under investigation and 24 have been closed and declared as not related to trafficking. Two persons accused have been acquitted and one person has been convicted and sentenced to two years’ imprisonment. In this regard, the Committee notes from the Government’s report of November 2019 to the Human Rights Council that the challenge in the judicial proceedings related to cases of trafficking is the non-availability of the victims for trial (A/HRC/WG.6/35/LSO/1, paragraph 56). The Committee requests the Government to take the necessary measures to strengthen the judicial proceedings related to trafficking in persons, including through conducting thorough investigations and taking appropriate measures for gathering evidence required to prosecute the perpetrators, to ensure that adequate penalties are strictly enforced in accordance with Article 25 of the Convention. The Committee also requests the Government to continue to provide information on the application in practice of section 5(1) and (2) of the Anti-Trafficking in Persons Act, supplying information on the number of investigations carried out, convictions and penalties imposed.

Article 2(2)(c). Work exacted as a consequence of a conviction in a court of law. The Committee previously noted that section 314A(1) of the Criminal Procedure and Evidence (Amendment) Act, 1998 enables the court to replace a sentence of imprisonment or detention for a person convicted of a minor offence (for which the court may pass a sentence not exceeding 18 months of imprisonment) with an order to perform community services. It also noted the Government’s indication that Rule 16 of the Community Service Sentence Rules of 1999 provides for consent of the convicted person to do community work as an alternative sentence. The Committee requested the Government to provide a copy of the Community Service Sentence Rules of 1999. It notes that the Government has not provided a copy of these Rules. The Committee therefore once again requests the Government to provide a copy of the Community Service Sentence Rules of 1999.