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Worst Forms of Child Labour Convention, 1999 (No. 182) - Lesotho (RATIFICATION: 2001)

Article 5 of the Convention. Monitoring mechanisms. Trafficking. Following its previous comments, the Committee notes the Government’s information that as a step towards combating the trafficking of persons, especially minors, it has adopted new immigration regulations in June 2015 which contains new travel requirements for minors. According to these regulations, minors who are travelling across borders are required to produce, in addition to their passport, an unabridged birth certificate, copies of affidavit from parents confirming permission to travel, and copies of passports of parents or legal guardians.

The Committee notes the information contained in the Government’s report to the Human Rights Council of October 2014 that the main duties of the Multi-sectoral Committee for Combating Trafficking in Persons (Multi-sectoral Committee) is to guide and spearhead the migration management agenda in Lesotho, which includes trafficking in persons and smuggling. This report also indicates that the Ministry of Social Development conducted training for its officials on issues related to trafficking in persons and victim identification. Moreover, the Ministry of Gender along with the Ministry of Police conducted several awareness-raising programmes on trafficking as well as joint awareness operations with the South African Police Service along border towns and villages. The Committee further notes from this report that the activities of the Multi-sectoral Committee had led to the investigation of eight cases of trafficking in persons, of which one case has been completed and a conviction was secured (A/HRC/WG.6/21/LSO/1, paragraphs 50 and 51). The Committee requests the Government to continue providing information on the activities of the Multi-sectoral Committee in combating the trafficking of children under the age of 18 years. It also requests the Government to provide information on the number of investigations carried out by the Multi-sectoral Committee relating to trafficking of children and prosecutions, convictions and penal sanctions applied.

Article 6. Programmes of action to eliminate the worst forms of child labour. 1. Action plan to combat trafficking in persons. The Committee notes from the Government’s report to the Human Rights Council that a National Anti-Trafficking in Persons Strategic Framework and an Action Plan 2014–16 to combat trafficking in persons was officially launched in July 2014. The Committee requests the Government to provide information on the specific measures taken, within the framework of the Action Plan 2014–16, to combat the trafficking of children under 18 years. It also requests the Government to provide information on its implementation and the results achieved.

2. Action Plan for the Elimination of Child Labour. Following its previous comments, the Committee notes that the Action Plan for the Elimination of Child Labour (APEC) 2013–17 has been adopted by the Government. It notes that the main objectives of the APEC include the withdrawal, rehabilitation and protection of children from the worst forms of child labour; the establishment of clear institutional arrangements to identify, withdraw and socially integrate children involved in the worst forms of child labour; the development of standard procedures, protocols and guidelines for dealing with the worst forms; and the development of effective measures to prevent and eliminate hazardous child labour. The Committee requests the Government to provide information on the concrete measures taken to address the worst forms of child labour within the framework of the APEC, and the results achieved.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s indication that the school feeding programme is aimed at attracting children to school and regular school inspections ensure the school attendance of children. The Committee notes from the Global AIDS Response Progress Report of December 2014 (Global AIDS Report) that over 250,000 children benefited from the school feeding programme. It also notes with interest from the compilation report of November 2014, prepared by the Office of the High Commissioner for Human Rights for the Universal Periodic Review that, according to the submissions made by the United Nations Country Team of Lesotho, the provision of school meals and the granting of bursaries had stabilized school attendance and increased enrolment rates at the primary level. However, this report further states that secondary education is unaffordable for most children and, in 2013, only 23 per cent of boys and 37 per cent of girls were enrolled in secondary education (A/HRC/WG.6/21/LSO/2, paragraphs 57 and 59). The Committee also notes that, according to UNESCO statistics, the net enrolment rate in primary education was 79.6 per cent in 2013 while the net enrolment rate in secondary–primary education was 34.1 per cent. This report further indicates that, in 2013, a total of 68,082 children were out of school, which indicates a decrease from 99,000 in 2010. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to facilitate access to free basic education. It requests the Government to provide information on the measures taken in this regard, and the results achieved, particularly with regard to increasing school enrolment, attendance and completion rates, both at primary and secondary level, and reducing school drop-out rates as well as the number of out-of-school children.

Clause (d). Identify and reach out to children at special risk. Orphans and other vulnerable children (OVCs) of HIV/AIDS. The Committee previously noted that support and assistance programmes for OVCs are in place, including school bursaries, practical support and a Child Grants Programme (CGP).

The Committee notes the Government’s information that orphaned children are often taken to community homes and provided protection and assistance, while child-headed families are provided with grants and placed under feeding scheme programmes. According to the statistics from the Ministry of Social Development, during 2014–15, OVC bursaries, which include basic school needs, uniforms and school fees, were provided to 12,605 OVCs, and grants pursuant to the CGP were made available to 25,000 households.

The Committee notes from the Government’s report to the Human Rights Council that the CGP has been revised and is now based on the number of children per household so as to enable the households to meet their basic needs (A/HRC/WG.6/21/LSO/1, paragraph 33). The Committee also notes from the Global AIDS Report that, to date, the CGP is currently active across all ten districts and approximately 65,000 children are directly benefiting from grants. The Committee further notes from this report that the Government has started a Conditional Cash Transfer programme piloted in six community councils covering approximately 6,000 households. Moreover, it notes from the Government’s report to the Human Rights Council (paragraph 77) that the Ministry of Social Development adopted a National Strategic Plan on Vulnerable Children 2012–17 which aims to improve the quality of life of vulnerable children and ensure that they enjoy their basic human rights. The Committee notes, however, that according to the 2014 estimates from UNAIDS, about 74,000 children aged 0–17 are orphans due to HIV/AIDS in Lesotho. The Committee takes due note of the various measures taken by the Government for orphans and OVCs. Recalling that children orphaned by HIV/AIDS and other vulnerable children affected by this epidemic are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to strengthen its efforts to ensure that such children are protected from these worst forms. It requests the Government to provide information on specific measures taken in this regard, including through the National Strategic Plan on Vulnerable children 2012–17, and on the results achieved, particularly the number of OVCs benefiting from these initiatives.

Application of the Convention in practice. The Committee notes from the Government’s report submitted under the Forced Labour Convention, 1930 (No. 29) that five cases of trafficking of children were reported in 2012, four cases in 2013 and one case in 2014. Most of the reported cases concerned trafficking of children for forced labour. The Committee requests the Government to continue providing information on the number and nature of infringements reported, investigations, prosecutions, convictions and penalties imposed related to the worst forms of child labour. Further, noting that a labour force survey, which includes a child labour module, is envisaged to be undertaken soon, the Committee requests the Government to provide statistical information on the worst forms of child labour, including hazardous work in the country. To the extent possible, all information provided should be disaggregated by sex and age.