Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Lesotho (RATIFICATION: 1998)

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Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee notes the Government’s indication, in its report, that the labour inspectorate raised awareness of sexual harassment through several radio programmes. It further notes that, in its 2022 Voluntary National Review on the implementation of the Sustainable Development Goals Report (hereafter SDG Report), the Government acknowledges that despite progress made in passing a number of acts designed to protect women from sexual violence, this problem is difficult to combat due to a culture of silence and stigmatization associated with the scourge. In that regard, the Committee notes, from the 2022 Gender Assessment Report on Lesotho of the World Bank, that 63 percent of women experienced sexual harassment in school, the workplace, or public places. Furthermore, in its 2023 concluding observations, the Human Rights Committee noted with grave concern the high level of violence against women and girls and the fact that victims are reluctant to report such incidents, in particular for fear of stigmatization (CCPR/C/LSO/CO/2, 6 September 2023, paragraph 21). The Committee asks the Government to provide information on: (i)any proactive measures taken to prevent and combat all forms of sexual harassment (quid pro quo and hostile working environment sexual harassment) in education and vocational training institutions and at workplaces, including by increasing public awareness, as well as of the procedures and mechanisms available to seek redress; and (ii) the number of complaints or cases of sexual harassment in employment and occupation dealt with by the labour inspectors, the courts or any other competent authority, the sanctions imposed and remedies provided.

Article 1(1)(b). Additional grounds of discrimination. Disability. The Committee notes with interest the adoption of the Persons with Disability Equity Act, 2021 (Act No. 2 of 2021) which: (1) prohibits discrimination in employment and occupation against persons with disabilities and provides for the obligation for employers to provide them with reasonable accommodation in the workplace; (2) ensures access to education for persons with disabilities while recognising the need to take their special needs into consideration; (3) establishes the Persons with Disability Advisory Council (PDAC); and (4) establishes sanctions of imprisonment and a fine in case of non-compliance with the provisions regarding education and employment of persons with disabilities (sections 4, 22 and 23 of the Act). The Committee further welcomes the adoption of the Inclusive Education Policy and the multi-sectoral National Disability Mainstreaming Strategic Plan (DMSP) for 2021–25 which aims at promoting the inclusion of persons with disabilities and addressing the barriers that exclude them from equal participation in education and employment. It notes that, in the SDG Report, the Government acknowledges that persons with disabilities still face stigmatisation and inequalities in access to education and employment, in particular those in rural areas, and face greater risks of violence and exploitation. The Committee therefore asks the Government to provide information on: (i) any measures and programmes implemented to promote equality of opportunity and treatment for both men and women with disabilities in education, training and employment, in particular in the framework of the Persons with Disability Equity Act, the Inclusive Education Policy and the DMSP for 2021–25; (ii) any study or data available on their situation in education and employment and any recommendations made by the PDAC in that regard; and (iii) the number of sanctions imposed on the basis of sections 22(7) and 23(4) of the Persons with Disability Equity Act and the nature of the cases that gave rise to such sanctions.

Real or perceived HIV/AIDS status. Observing that the Government does not provide information on the HIV/AIDS Bill that was being drafted under the supervision of the National AIDS Commission, the Committee notes the Government’s statement that the new Labour Law will contain provisions extending the protection of workers against discrimination based on real or perceived HIV/AIDS status. In that regard, the Committee notes from the National Strategic Development Plan II (NSDP II) for 2018-19 – 2022–23 that the HIV/AIDS prevalence rate has been increasing from 23.1 percent in 2009 to 24.6 percent in 2014 and is significantly higher for women (29.7 per cent) than men (18.6 per cent). It further notes that the National HIV and AIDS Strategic Plan for 2018/19–2022/23: (1) acknowledges that stigma and discrimination based on real or perceived HIV/AIDS status, from the general population and duty bearers, remain a widespread problem; (2) sets as a general objective to eliminate HIV/AIDS by 2030; and (3) provides for the implementation of specific interventions, namely public awareness-raising campaigns, measuring stigma and discrimination through a Stigma Index study, establishing mechanisms to report and redress discrimination in public and private sectors, as well as advocacy measures against interrelated discrimination based on sexual orientation and gender identity. Welcoming these initiatives, the Committee asks the Government to pursue its efforts to prevent and address stigma and discrimination based on real or perceived HIV/AIDS status in employment and occupation and draws the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200). It asks the Government to provide information on: (i) any proactive measures taken to that end, in particular in the context of the revision of the Labour Law; (ii) any programmes and activities implemented in that regard, including in the framework of the NSDP II and the National HIV and AIDS Strategic Plan for 2018/19–2022/23 or any subsequent action plan; and (iii) any assessment made of the impact of such measures, including the number, nature and outcome of cases of discrimination based on real or perceived HIV/AIDS status dealt with by the labour inspectors, the courts or any other competent authorities.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee notes, from the 2023 Global Gender Gap Report from the World Economic Forum, that, the labour force participation of women remains low being estimated at 48.9 per cent, compared to 67.1 per cent for men, despite higher literacy and education levels among women. It further notes that, according to the data available from the Bureau of Statistics (BoS), in 2021, almost 60 per cent of women were employed in three main sectors namely: activities of households as employers, manufacturing and wholesale and retail trade (24.9 per cent, 18.3 per cent and 15.6 per cent of women, respectively). Furthermore, women represented the majority of the workers employed in the education, hospitality and health sectors (representing 77.8 per cent, 72.8 per cent and 64.4 per cent of the workers employed) while they represented only 2.1 per cent of the workers employed in the construction sector; 4.7 per cent in the transport sector and 6.8 per cent in the mining sector. As regards occupational categories, women represented only 33.8 per cent of the managers, compared to 62.3 per cent of clerical support workers. The Committee further notes that gender-based segregation persists in education. In that regard, the Committee welcomes the Government’s indication that: (1) the National Gender and Development Policy (NGDP) for 2018–23 aims at eliminating all forms of discrimination against women to achieve gender equality; and (2) the Gender Mainstreaming Strategy for Energy Sector for 2020-24 provides a number of interventions to facilitate gender inclusive training and employment opportunities. The Committee further notes that the NSDP II sets as specific actions to: (1) promote decent work for all, including by ensuring the transition from the informal economy to the formal economy; (2) empower women to participate equally in politics, leadership positions and economic activities; and (3) promote effective maternity and paternity protection. Observing that the above-mentioned policy and plan will end in 2023, the Committee notes that, in the SDG Report, the Government acknowledges that: (1) women are still discriminated against because of patriarchal attitudes and social and cultural norms which result in gender differences in access to economic opportunities, in particular because of the greater burden of unpaid household and care work for women; and (2) limited progress has been made regarding gender equality in practice as a result of the lack of effective enforcement of existing laws, policies and strategies. In light of the persistent vertical and horizontal occupational gender segregation and stereotypes, the Committee asks the Government to pursue its efforts and provide information on: (i) any awareness-raising activities carried out for workers, employers and their respective organizations, labour inspectors, judges and society in general with a view to combating gender stereotypes and the occupational segregation of women, including as a result of women being seen as primary caregivers; (ii) any proactive measures taken, in particular as a result of the of NGDP and the NSDP II; and (ii) the participation of men and women in vocational training, employment andoccupation, disaggregated by occupational categories, both in the public and private sectors, where possible.

Awareness-raising and enforcement. The Committee notes the Government’s statement that no case on discrimination was dealt with by the labour inspectorate or the courts. The Committee wishes to recall that no society being free from discrimination, the absence of complaints on discrimination is likely to indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or absence of practical access to procedures, or fear of reprisals (see 2012 General Survey on the fundamental Conventions, paragraph 870). In that regard, the Committee welcomes the adoption of the Judiciary Strategic Plan for 2022–27 which aims at ensuring a judiciary that delivers accessible, swift and quality justice. It further notes that, in its 2023 concluding observations, the Human Rights Committee expressed concern about: (1) the negative impact of the limited resources and chronic under-resourcing in the judicial system, which compromises the independence and integrity of individual judges and the institution as a whole; (2) the lack of skilled judges and prosecutors; (3) the significant delays in the administration of justice and the delivery of judgments; and (4) the allegations of misbehaviour in public and cases of corruption among officials of the judiciary (CCPR/C/LSO/CO/2, 6 September 2023, paragraph 45). The Committee asks the Government to provide information on: (i) any measures taken to ensure a better access to justice in cases of discrimination; (ii) any activities undertaken to raise public awareness of the provisions of the Convention, as well as the procedures and remedies available; and (iii) any cases or complaints concerning discrimination in employment and occupation dealt with by the labour inspectors, the courts or any other competent authorities, as well as any decision issued in this regard, specifying the sanctions imposed and remedies granted.

Statistics. The Committee notes that the Government’s report does not contain statistical data. In that regard, the Committee welcomes the adoption of the second National Strategy for Development of Statistics (NSDS II) for 2022–23 and 2026–27, launched in March 2022. The Committee asks the Government to provide information on: (i) any progress made in collecting and compiling data disaggregated by sex on employment in all sectors; and (ii) to provide any updated statistical data available in that regard, disaggregated by sex and by sector, where possible, as well as any data available on employment in the informal economy, to enable the Committee to assess the effect given to the Convention in practice.

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Articles 1(1)(a) and 3(c) of the Convention. Discrimination based on sex. Legislative developments. The Committee recalls that Lesotho operates a dual legal system where two systems of law are operating side by side, namely customary law and common law, with some elements in the customary law being discriminatory against women and girls, which continues to present a challenge for women’s access to land, credit and employment. In relation to the progress made in harmonizing both systems, the Committee notes with satisfaction the Government’s indication, in its report, that the Harmonisation of the Rights of Customary Widows with the Legal Capacity of Married Persons Act was enacted in 2022, to enhance the economic status of customary widows by enabling them to have ownership and control of the property of the joint estate upon the husband’s death. The Committee further notes, from the Government’s report, that: (1) the Labour Bill, that includes provisions on maternity and paternity leave, and grants the labour inspectorate powers to supervise and impose penalties in case of non-compliance with these provisions, is at an advanced stage and awaits presentation by the National Advisory Committee on Labour Administration (NACOLA) to the Minister of Public Service, Labour and Employment; and (2) the Social Security Bill, that will cover all workers with social protection for all life events in relation to employment such as maternity and paternity related benefits, sickness benefits, injury benefits and worker’s death and will provide for penalties in case of non-compliance, also awaits presentation to the latter Minister. The Committee observes that, in its 2023 concluding observations, the Human Rights Committee indicate that it remains concerned by Article 18(4)(c) of the Constitution, which allows for the application of discriminatory provisions of customary law against women and girls, in particular regarding the inheritance of property, marriage, nationality and access to land and chieftaincy (CCPR/C/LSO/CO/2, 6 September 2023, paragraph 17). In this regard, it notes that the so-called “Constitutional Omnibus Bill” is still pending for adoption before Parliament and welcomes the information, from the 2022 annual report on Lesotho of the United Nations Development Programme (UNDP), according to which, of the 98 amendments contained in the Bill, 46 per cent directly address women and gender issues such as the age of majority, public appointments, electoral processes, inheritance, justice reforms, and security sector practices that are discriminatory to women. The Committee encourages the Government to pursue its efforts in harmonizing customary law and common law with a view to removing any elements which are discriminatory, in particularly towards women and girls. It asks the Government to provide information on: (i) any progress made to that end, in particular in the adoption of the Labour Bill, the Social Security Bill and the “Constitutional Omnibus Bill”, with a view to ensure women’s equal access to employment, land and credit; (ii) the impact of these legislative changes on women’s economic empowerment and access to the labour market; and (iii) any concrete measures taken to raise public awareness of any new legislative provisions and enable women to exercise their rights effectively.

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

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Article 1(1)(a) of the Convention. Discrimination based on sex. The Committee recalls that the Lesotho Law Reform Commission had issued a report on the codification and review of the legislation on inheritance, succession, wills and the administration of estates. The report includes a recommendation that civil rights marriage benefits and customary law rights benefits be codified and harmonized to ensure that the laws are relevant and appropriate for contemporary realities. The Committee recalls that the Law Reform Commission was to be reviewed and restructured to ensure that the laws are relevant and appropriate for contemporary realities. The Committee notes with regret the Government’s indication, in its report, that the report on the codification and review of the legislation on inheritance, succession, wills and the administration of estates is still awaiting validation from the relevant stakeholders. The Committee hopes that the Government will soon be in a position to report on the progress made on the harmonization of civil laws and customary laws through the Law Reform Commission or otherwise. In the meantime, the Government is requested to provide information on: (i) any other measures taken specifically to prevent continued application of customary law regarding marital powers restricting women’s equality in employment and occupation; (ii) the impact of any changes in the law on the employment opportunities of women; and (iii) any concrete measures taken to enable women to exercise their rights effectively under the law.

The Committee notes the Government’s indication that the Labour Code was amended to extend maternity leave from 12 to 14 weeks. The Government also refers to a 2016 court ruling in which the court reinstated female soldiers who had been dismissed on the ground of their pregnancy. The Committee recalls, however, that currently provisions conferring maternity-related benefits, including entitlement to maternity leave, only apply to women who have been employed by the same employer for at least one year and are limited to two pregnancies (in the case of employment with the same employer). In this regard, the Committee recalls that a Social Security Bill, expected to be adopted in 2018, intends to afford maternity protection and benefits to all women workers in all sectors. It notes the Government’s indication that the Bill is still being drafted. Recalling that maternity protection is a precondition for gender equality and for non-discrimination in employment and occupation, as enshrined in the Convention, the Committee again asks the Government to: (i) take the necessary steps to ensure that all women have access to maternity leave; (ii) provide information on the progress made in the adoption of the Social Security Bill and on its implementation in practice; and (iii) continue to provide information on any cases detected or submitted to labour inspectors or the courts, relating to the dismissal of women on the basis of pregnancy or maternity.

Sexual harassment. The Committee recalls that although section 200 of the Labour Code prohibits sexual harassment, it remains a sensitive issue among women workers, with some women workers expressing fear of retaliation in case of a refusal to succumb to sexual advances. The Committee notes that under the Strengthening of Labour Inspections Project, supported by the ILO, the Ministry of Labour raised awareness on sexual harassment through radio programmes and two popular newspapers. Nevertheless, the Government indicates that no sexual harassment cases have been reported either by the courts or the labour inspectorate. The Committee recalls that the absence of complaints regarding sexual harassment does not necessarily indicate that this form of sex discrimination does not exist; rather, it is likely to reflect the lack of an appropriate legal framework, the lack of awareness, understanding and recognition of this form of sex discrimination among government officials, and workers and employers and their organizations, as well as the lack of access to or the inadequacy of complaints mechanisms and means of redress, or fear of reprisals (see General Survey on the fundamental Conventions, 2012, paragraph 790). The Committee therefore asks the Government to undertake an assessment of the effectiveness of the complaints procedures currently available and to provide information on the measures taken to disseminate the training modules designed by the Directorate of Dispute Prevention and Resolution and the Better Work Programme Tool Kit. The Committee also asks the Government to continue to provide information on: (i) any preventive steps taken at the national level and at the level of the enterprise, for example awareness-raising, and any follow-up to the Zero Tolerance Protocol since the Better Work Programme ceased to operate in Lesotho; and (ii) any cases of sexual harassment dealt with by labour inspectors or the courts or tribunals, including the sanctions applied and remedies granted.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Article 1(1)(b). Discrimination based on disability. The Committee notes, from the 2020 Government’s report to the Human Rights Committee of the United Nations monitoring the implementation of the International Covenant on Civil and Political Rights (CCPR), that a Bill has been tabled before the Parliament to prohibit discrimination on the ground of disability (CCPR/C/LSO/2, 22 April 2020, paragraph 53). Welcoming this proposed Bill, the Committee asks the Government to keep it informed of the adoption and enactment of the definitive version of the Bill and to provide a copy of the law once adopted.

Real or perceived HIV/AIDS status. The Committee recalls that an HIV/AIDS Bill was being drafted under the supervision of the National AIDS Commission. It notes the Government indication that the Bill has not yet been adopted.  Drawing once again the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), the Committee asks the Government to: (i) ensure that the Bill includes protection from discrimination and stigma in employment and occupation on the basis of real or perceived HIV status, (ii) provide a copy of the Act once it has been adopted; and (iii) provide information on any steps taken to combat discrimination based on real or perceived HIV status.

Article 2. National policy on equality of opportunity and treatment. The Committee notes, from the Government’s report on the application of the CCPR, that the Department of Gender under the Ministry of Gender and Youth, Sports and Recreation, is tasked, among others, to promote and nurture gender equality, and has advocated for the reform of existing laws to remove discrimination (CCPR/C/LSO/2, 22 April 2020, paragraph 4). The Committee also takes notes the Government’s 2019 report on the implementation of the Beijing Declaration. In this report, reference is made to the National Strategy Development Plan (NSDP) II which considers the promotion of gender equality and the empowerment of women as a cross cutting priority throughout the identified clusters of development, including in the promotion of inclusive and sustainable economic growth and private sector-led job creation. The Government also reports on the adoption of the Gender and Development Policy 2018–2030, in which it commits to increasing women’s, men’s, girls, boys and other marginalized groups’ access to gender responsive quality education and training programmes so as to build a productive work force that can sustain the economy of the country (pages 19 and 36). The Committee notes that the report also highlights the weak implementation of laws and policies in place as one of the main challenges to the advancement of gender equality, the main reason being the entrenched patriarchal nature of both society and its institutions (page 29). The Committee asks the Government to: (i) provide detailed information on the measures taken, under the NSDP II and the Gender and Development Policy 2018–2030, to promote equal access for women to vocational training and employment; and (ii) provide information on any steps taken to combat gender stereotypes, such as through awareness-raising activities in the media.

Enforcement. The Committee previously noted the creation of a special unit in the Ministry of Labour and Employment, tasked with awareness-raising of all the Conventions ratified by Lesotho. Noting that the Government has not provided any reply to its previous requests on the matter, the Committee once again asks the Government to provide information on the preventive and monitoring activities carried out by labour inspectors and the special unit specifically relating to discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, as well as information on any cases of discrimination dealt with by the courts or other competent bodies.

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Article 1 of the Convention. Discrimination based on sex. The Committee notes the Government’s indication that the Lesotho Law Reform Commission has undertaken research and issued a report on the codification and review of the legislation on inheritance, succession, wills and the administration of estates. The report, which is awaiting validation by stakeholders, includes a recommendation that civil rights marriage benefits and customary law rights benefits be codified and harmonized. The Government states that the Coalition Agreement of 2015 indicates that the Law Reform Commission is to be reviewed and restructured to ensure that the laws are relevant and appropriate for contemporary realities. The Government envisages that the restructuring will ensure the rapid harmonization of all laws. The Committee hopes that the Government will soon be in a position to report on the progress made on the harmonization of civil laws and customary laws through the Law Reform Commission or otherwise, in particular with respect to the consideration of women as minors. The Committee asks the Government to provide information on the impact of any changes in the law on the employment opportunities of women. The Committee also asks the Government to provide information on any practical measures taken to enable women to exercise their rights effectively under the law.

The Committee notes once again that provisions conferring maternity-related benefits, including entitlement to maternity leave, only apply to women who have been employed by the same employer for at least one year and are limited to two pregnancies (in the case of employment with the same employer). The Committee recalls that maternity protection is a precondition for gender equality and for non discrimination in employment and occupation, as enshrined in the Convention (General Survey on the fundamental Conventions, 2012, paragraph 784). The Committee notes the Government’s indication that a Social Security Bill, which is expected to be adopted in 2018, is intended to afford maternity protection and benefits to all women workers in all sectors. The Government also indicates that neither the Directorate of Dispute Prevention and Resolution (DDPR) nor the labour courts have recorded any cases of dismissal of pregnant or breastfeeding women due, among other reasons, to the agreements concluded between employers and buyers in the textile industry. The Committee asks the Government to provide information on the progress made in the adoption of the Social Security Bill and on its implementation in practice. The Committee further asks the Government to ensure protection against the dismissal of women on the basis of pregnancy or maternity, and to provide information on any such cases detected by or submitted to labour inspectors.

Sexual harassment. The Committee recalls that the May 2012 Better Work Lesotho Report found that sexual harassment remained a sensitive issue among women workers, with some women workers expressing fear of retaliation in case of a refusal. The Committee welcomes the development of two training modules and the publication of articles by the DDPR addressing the issue of sexual harassment. The Government adds that the Ministry of Labour and Employment and the Better Work Programme have signed a Zero Tolerance Protocol that identifies sexual harassment as zero tolerance conduct in the workplace. The Committee also recalls that, under section 200 of the Labour Code of 1992, “[a]ny person who offers employment or who threatens dismissal or who threatens the imposition of any other penalty against another person in the course of employment as a means of obtaining sexual favours or who harasses workers sexually shall commit an unfair labour practice”. The Committee asks the Government to provide information on the measures taken to disseminate the training modules designed by the DDPR and the Better Work Tool Kit. It further asks the Government to provide information on any preventive steps taken at the national level and at the level of the enterprise, for example awareness raising, and any follow-up to the Zero Tolerance Protocol since the Better Work Programme ceased to operate in Lesotho. The Committee further asks the Government to provide information on any cases of sexual harassment dealt with by labour inspectors or the courts or tribunals, including the sanctions applied and remedies granted.

Article 2. National policy on equality of opportunity and treatment. With respect to the impact of the Project on Gender Equality in Economic Rights, the Committee notes the Government’s indication that training has been delivered. Women were informed of their land rights and some of them have become commercial farmers when they realized that they were joint owners of the land. A large number have also become employers and have been able to develop businesses, such as beauty salons, even without educational qualifications. The Committee asks the Government to continue providing information on the steps taken or envisaged to promote equal access for women to vocational training and employment. It further asks the Government to provide information on any steps taken to promote equality of opportunity and treatment irrespective of race, colour and national extraction and to prohibit discrimination related to these grounds. The Committee asks the Government to provide information on any discrimination cases dealt with by labour inspectors or the courts or tribunals.

Real or perceived HIV/AIDS status. The Committee notes from the Government’s report that the HIV/AIDS Bill was put on hold when the National AIDS Commission ceased to operate. It also notes that the AIDS Commission was reinstated following the adoption in 2016 of the National AIDS Commission Act. Drawing once again the Government’s attention to the HIV and AIDS Recommendation, 2010 (No. 200), the Committee invites the Government to ensure that the Bill includes protection from discrimination and stigma in employment and occupation on the basis of real or perceived HIV status and asks the Government to provide a copy of the Act once it has been adopted. The Committee further asks the Government to provide information on any steps taken to combat discrimination based on real or perceived HIV status.

Enforcement. The Committee notes from the Government’s report that, since the Better Work Programme has ceased its operations in the country, the inspectorate and the labour information departments in the Ministry of Labour and Employment have been strengthened. Further, a special unit has been created in the Ministry aimed at raising awareness of all the Conventions ratified by Lesotho. According to the Government, this unit will work in cooperation with the social partners to promote the principles of the Conventions ratified by the country, including this Convention. The Committee asks the Government to provide information on the preventive and monitoring activities carried out by labour inspectors and the special unit specifically relating to discrimination on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, as well as information on any cases of discrimination dealt with by the courts or other competent bodies.

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Article 1 of the Convention. Discrimination based on sex. With regard to the implementation of the Legal Capacity of Married Persons Act, 2006, the Committee welcomes the legal reforms enacted through the Companies Amendment Act, 2008 and the Lesotho Bank Amendment Act, 2008, which respectively allow women to become directors of companies and access credit without the consent of their husbands, as well as the Land Act, 2010, which provides for joint titling of immovable property among married couples. The Committee also notes that the harmonization of the Legal Capacity of Married Persons Act and the customary laws classifying women as minors has been cleared by the office of the Attorney-General, and is being prepared for submission to the Cabinet and Parliament. The Committee notes that under the Project on Gender Equality in Economic Rights, 6,000 people including police, chiefs, traditional leaders and judicial officers have been trained on gender and economic rights. The project has also created television and radio programming on gender equality and women’s rights in order to influence societal attitudes towards women. The Committee asks the Government to continue to provide information on the activities under the Project on Gender Equality in Economic Rights, and their impact on women’s employment and access to occupations. Please also continue to provide information on the progress made towards full implementation of the Legal Capacity of Married Persons Act, including information on the harmonization process of the Act and customary laws which classify women as minors.

The Committee notes that as a result of the review of the Basic Conditions of Employment for Public Officials in 2011, paid maternity leave was extended from 60 to 90 days. As regards the private sector, the Committee notes that the new Labour Code Wages (Amendment) Order which came into force on 1 October 2011 stipulates that employees in the textile, clothing, leather clothing and leather manufacturing sectors are entitled to receive two weeks paid maternity leave, employees in the private security sector are entitled to receive six weeks paid maternity leave and six weeks unpaid maternity leave, while any other employee is entitled to receive six weeks paid maternity leave before confinement and six weeks paid maternity leave after confinement. The Committee notes that these benefits apply to women who have been employed by the same employer for at least one year, and are limited to two confinements per employee during her employment with the same employer. The Committee recalls that maternity protection is a precondition for gender equality and for non-discrimination in employment and occupation as enshrined by the Convention (General Survey on the fundamental Conventions, 2012, paragraph 784). Noting the absence of maternity protection and benefits for women employed with the same employer for less than one year or after the second confinement, thus limiting their employment opportunities, the Committee asks the Government for information on any steps taken to address this matter. The Committee also asks the Government to provide information on the composition of the workforce, disaggregated by sex, in the textile, clothing, leather clothing and manufacturing sectors, and to assess the potential discriminatory impact on women of the shorter length of maternity leave in these sectors. The Government is also requested to provide information on the number of women dismissed while pregnant, and the number of whose employment was terminated when the length of leave extended beyond that provided in the Order.

Sexual harassment. The Committee notes the Government’s indication that the Directorate of Dispute Prevention and Resolution (DDPR) does not focus much of its attention on sexual harassment as it does not perceive it to be prevalent in the workplace, and that there have been no cases of sexual harassment recently filed with the DDPR or the Labour Court. The Government states that it will bring the Committee’s previous comments regarding the collection of examples of good practices on workplace measures to prevent sexual harassment to the attention of the DDPR. The Government also indicates that the ILO–International Finance Corporation (IFC) Better Work Lesotho programme has developed tools to help employers detect sexual harassment in the workplace. The Committee notes from the May 2012 Better Work Lesotho report that sexual harassment remained a sensitive issue among female workers, with some female workers expressing fear that a refusal of the advances from their male supervisors would result in repercussions. The Committee asks the Government to provide information on the practical measures taken or envisaged to prevent and address sexual harassment, and the impact of the tools developed through Better Work in this regard. The Committee also requests information on progress made regarding the collection of examples of workplace measures to address sexual harassment.

Article 2. Equality of opportunity and treatment between men and women. With regard to the Gender and Development Policy, 2003, the Government states that it is envisaged that the review of the policy will be completed next year. The Committee notes that according to the Government, the ILO Project on Woman’s Entrepreneurship Development and Gender Equality (WEDGE) has assisted in the establishment of the Federation of Lesotho Women Entrepreneurs which aims to facilitate the integration of Basotho women into the mainstream economy. The Committee also notes that banks have developed a quick loan product which provides women with easier access to credit in order to start their own businesses. The Government indicates that a study assessing the situation of women in Lesotho was completed in May 2011. The Committee reiterates its request for specific information on the number of women participating in entrepreneurship skills training and on those who have succeeded in establishing their own business. The Committee also repeats its request for statistical information, disaggregated by sex, on employment in all sectors of the economy. Please also provide a copy of the May 2011 study on the situation of women in Lesotho.

Equality of opportunity and treatment irrespective of race, colour and national extraction. The Government indicates that although it is committed to fulfilling its obligations under the Convention, it will take time to provide information on the employment situation of different ethnic communities due to capacity constraints. The Committee notes the Government’s statement that the Better Work Lesotho programme pays particular attention to the working conditions of Chinese factory workers, and that there have been no concerns raised regarding discrimination in the compliance synthesis reports published by Better Work Lesotho. The Committee encourages the Government to take steps to collect information on the employment situation of different ethnic communities, and requests information on progress made in this regard.

HIV/AIDS status. The Committee notes from the Government’s report to the Working Group on the Universal Periodic Review of the Human Rights Council that an HIV/AIDS bill is currently under preparation which will provide a legal framework for interventions (A/HRC/15/7, 16 June 2010, paragraph 17). The Committee asks the Government to provide information on the content and status of the HIV/AIDS Bill, and encourages the Government to ensure that the bill includes protection from employment-related discrimination and stigma on the basis of real or perceived HIV status, and in this context draws the Government’s attention to the HIV and AIDS Recommendation, 2010, (No. 200).

Parts III and IV of the report form. Enforcement. The Committee notes from the Government’s report that there have been no cases of discrimination dealt with by the courts or the labour inspectorate. The Committee requests the Government to provide information on measures taken with the cooperation of the social partners to raise awareness of the principle of the Convention and the avenues for redress. Please continue providing information on any cases of discrimination dealt with by the courts, the labour inspectorate or other competent bodies.

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Articles 1, 2 and 3 of the Convention. Discrimination based on sex. The Committee recalls its previous comments relating to the Legal Capacity of Married Persons Act of 2006, and notes in this regard the activities under the Project on Gender Equality in Economic Rights to raise public awareness about the Act and to increase knowledge and build the capacity of stakeholders and decision-makers, as well as of the relevant authorities in implementing institutions. It also notes that training on gender equality and economic rights has been provided to the presidents and magistrates of the court, and that implementing guidelines on the Act will be developed, including a review of the court’s decisions, if any, on its interpretation of the Act. The Committee asks the Government to continue to provide information on the activities under the Project on Gender Equality in Economic Rights with a view to ensuring the full implementation of the Legal Capacity of Married Persons Act, and its impact on women’s employment and access to occupations. Please also provide a copy of the implementing guidelines of the Act. The Government is also requested to indicate any measures taken specifically to prevent continued application of customary law regarding marital powers restricting women’s equality in employment and occupation.

Sexual harassment. The Committee notes from the Government’s report that some training on sexual harassment is being given by the Directorate of Dispute Prevention and Resolution (DDPR) to workers and employers, and that a number of enterprises have developed sexual harassment policies or are providing training on its prevention. However, data on the actual number of enterprises that have developed such policies are not yet available. The Committee encourages the Government to work together with workers and employers, and their organizations, to gather examples of good practices on workplace measures to prevent sexual harassment in line with the code of practice on sexual harassment, and to provide information on any steps taken in this regard. Please also provide information on any other measures taken to promote the implementation of the code of practice, as well as information on the impact of the training held by the DDPR. Please continue to provide information on the enforcement of the Labour Code’s provisions prohibiting sexual harassment, including relevant court decisions.

Equality of opportunity and treatment between men and women. The Committee recalls the Government’s intention to set up a gender commission and establish a women’s credit scheme to stimulate self-employment. The Decent Work Country Programme (2006–09) also indicated that job cuts in the textile industry severely impacted on women’s employment opportunities, and job creation had been identified as a priority area to be addressed. The Committee notes that neither the gender commission nor the women’s credit scheme have been established, but that an ILO Project on Women’s Entrepreneurship Development and Gender Equality (WEDGE) is being implemented as part of the Decent Work Country Programme; training on entrepreneurship skills is apparently also being provided by the Ntlafatso Skills Training Centre. The Government further indicates that programmes promoting women’s participation in governance and leadership aim to achieve 50 per cent representation of women in all sectors of government (presently at 30 per cent), and that the Gender and Development Policy 2003 is under review. The Committee asks the Government to provide information on any progress made in the review of the Gender and Development Policy 2003, and it hopes the revised policy will include specific measures to promote equality of opportunity and treatment between men and women in employment and occupation. The Committee also requests the Government to indicate any action taken to ensure that men and women benefit from job-creation programmes on an equal footing, as well as the specific results secured by the action to promote women’s entrepreneurship. In this regard, please include information on the number of women that are participating in entrepreneurship skills training and on those who have succeeded in establishing their own business. Please also provide statistical information, disaggregated by sex, on employment in all sectors of government.

Equality of opportunity and treatment irrespective of race, colour and national extraction. With respect to its previous comments regarding the Race Relations Bill, 2004, and practical measures to ensure equality of opportunity and treatment for all workers protected by the Convention, the Committee notes the Government’s statement that no further action has been taken on the Bill, as there do not seem to be any serious problems of race relations in the country. The Committee draws the attention of the Government to the obligation under the Convention to take active measures to ensure that all workers, including Basotho and Asian ethnic workers, are protected against discrimination and enjoy equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee asks the Government to take steps to examine the employment situation of the different ethnic communities, including with respect to the impact of any existing or newly emerging forms of discrimination, and to provide information on the progress made in this regard. Please also provide detailed information on any measures to promote and more proactively ensure equality in employment and occupation, irrespective of race, colour and national extraction.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the brief information provided by the Government regarding training by the Ministry of Justice, Human Rights and Constitutional Affairs on issues of non-discrimination. The Committee asks the Government to take more active steps to seek the cooperation of the social partners, as well as of other relevant institutions, with a view to determining specific measures to promote equality at work.

Enforcement. The Committee notes from the Government’s report that the Labour Court and Labour Appeal Court cases can now be consulted online. The Committee would be grateful if the Government would collect and supply the relevant judicial decisions specifically relating to discrimination in employment and occupation, including those relying on the Convention. Please also provide information on relevant decisions or reports of the labour inspectorate.

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Articles 1 and 2 of the Convention. Sexual harassment. The Committee notes from the Government’s report that only one case of sexual harassment has been lodged before the labour court so far. The case was withdrawn before the court could hear it. The Committee requests the Government to continue to provide information on the enforcement of the Labour Code’s provisions prohibiting sexual harassment, including relevant court decisions. The Committee reiterates its request for information on the implementation of the code of practice on sexual harassment in the workplace issued by the Ministry of Labour and Employment. Please indicate how the code of practice is being promoted and whether any information is available on the number of enterprises that have taken workplace measures to prevent sexual harassment in line with the code.

Enforcement. The Committee notes the decision of the labour court in the case of Letsika and Others vs. National University of Lesotho, in which the Court has relied on the Convention. The Committee requests the Government to continue to provide information on any judicial or administrative decisions relating to discrimination in employment and occupation, including relevant decisions or reports of the labour inspectorate.

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Articles 1, 2 and 3(c) of the Convention. Discrimination on the basis of sex. The Committee recalls its previous comments concerning the fact that, under customary law and in common law, married women were considered to be minors and therefore could not conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. In this regard, the Committee notes with satisfaction that the Legal Capacity of Married Persons Act enacted in 2006 repeals “common law, customary law and any other marriage rules in terms of which a husband acquires marital powers over the person and property of his wife” (section 3(1)). The Committee notes that the Act removes restrictions on the legal capacity of married women as regards the following: (a) entering into a contract; (b) suing or being sued; (c) registering immovable property in her name; (d) acting as an executive of a deceased’s estate; (e) acting as a trustee of an estate; (f) acting as a director of a company; (g) binding herself as surety; and (h) performing any other act which was restricted by any law due to marital power before the commencement of the Act (section 3(3)). The Act also provides for spouses “married in community of property” to have equal powers (section 5). The Committee requests the Government to provide detailed information on the measures taken to ensure the Act’s full implementation and on its impact on women’s employment and access to occupations. In this regard, the Committee requests the Government to provide information on any judicial decisions issued enforcing the Act’s provisions and on the measures taken to raise awareness of the Act. The Committee also requests the Government to provide information on any measures taken specifically to prevent continued application, in practice, of customary law regarding marital powers restricting women’s equality in employment and occupation.

Measures to promote equality of opportunity and treatment of men and women in employment and occupation. The Committee recalls its previous comments concerning the participation of men and women in the labour market, requesting the Government to provide information on the measures taken to ensure that men and women enjoy equal employment opportunities in all sectors and industries, based on merit and excluding stereotypical considerations. In this regard, the Committee notes that, during the Extraordinary Meeting of the African Union Conference of Ministers of Gender and Women’s Affairs held in Maseru on 18 December 2008, the Prime Minster announced plans to set up a Gender Commission which would provide support for the implementation of the 2003 Gender and Development Policy and that the ministry responsible for gender issues is establishing a women’s credit scheme to stimulate self-employment. The Decent Work Country Programme (2006–09) document indicates that job cuts in the textile industry severely impacted on women’s job opportunities and identifies job creation as a priority area to be addressed. The Committee requests the Government to provide information on the establishment of the Gender Commission and its activities to promote gender equality in employment and occupation, the implementation of the women’s credit scheme, as well as information on any other measures taken to promote and ensure equality of opportunity and treatment of men and women in employment and occupation. In this context, the Committee requests the Government to indicate the measures taken to ensure that men and women benefit from job-creation programmes on an equal footing. Noting that updated information on the participation of men and women in employment is not yet available, the Committee requests the Government to provide such data as soon as possible.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee previously noted that a Race Relations Bill, 2004, had been drafted which prohibits racial discrimination in respect of access to schools, services and public facilities. The Committee had also noted information concerning ethnic tensions between the Basotho and ethnic Asian communities, including at the workplace. In this regard, the Committee notes from the Government’s report that no further developments have occurred with regard to practical measures to ensure equality of opportunity and treatment of all workers in Lesotho, irrespective of race, colour or national extraction. The Committee requests the Government to indicate whether any progress has been made with regard to adopting legislation addressing racial discrimination. Please also provide information on the employment situation of the various ethnic communities, and on any measures taken to promote and ensure equality in employment and occupation, irrespective of race, colour or national extraction.

Article 3(a). Cooperation with workers’ and employers’ organizations. The Committee notes the Government’s indication that it had not yet been able to take any action to seek the cooperation of workers’ and employers’ organizations with a view to promoting the application of the Convention. The Committee encourages the Government to take active steps to seek the cooperation of the social partners with a view to discussing and deciding on specific measures to promote equality at work, including through awareness raising and training on the principles of the Convention and the non-discrimination provisions contained in the legislation. The Committee requests the Government to provide information on any measures taken to this end.

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

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The Committee notes with regret 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:

1. Article 1 of the Convention. Discrimination on the basis of sex. The Committee recalls its previous comments concerning the fact that, under customary law and in common law, women are considered to be minors and cannot therefore conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. In this regard, the Committee notes the Government’s assurance that women in fact can conclude employment contracts, open bank accounts and apply for passports without the consent of their husbands. The Committee also notes the Government’s statement that, in practice, customary law is never applied in employment relationships, whether they are formal or informal. Furthermore, the Committee notes that the Married Persons Equality Bill proposed by the Lesotho Law Reform Commission has not yet been adopted. The Committee considers that efforts to ensure equality of opportunity and treatment of men and women in employment and occupation must go hand in hand with promoting gender equality in society at large. The Government is therefore asked to continue to provide information on the measures taken to abolish any discriminatory laws or practices that may impede the full application of the Convention and to pursue legal reform with a view to ensure equal rights of men and women, including progress made in adopting the Married Persons Equality Bill.

2. Sexual harassment. Recalling its 2002 general observation, the Committee notes the information provided by the Government on sexual harassment. It notes in particular that sexual harassment at work is prohibited pursuant to sections 5(2) and 200 of the Labour Code Order No. 24 of 1992. In 2003, the Minister of Labour and Employment issued a Code of Good Practice on sexual harassment in the workplace which contains provisions defining sexual harassment. The Code also sets out recommendations on how employers should prevent and address such behaviour at the workplace and deals with formal and informal mechanisms for conflict resolution and guidance as to the available remedies available under the law. The Committee requests the Government to provide information on the practical application of the relevant provisions of the Labour Code and the Code of Good Practice.

3. Discrimination on the basis of political opinion. In reply to the Committee’s previous comments concerning the application of sections 13(a) and 14(1)(k) of the Public Service Act of 1999 in practice, the Government states that under these provisions public servants are not prevented from being members of political parties but they are not allowed to hold executive or senior positions within their parties and cannot stand for election. Furthermore, the Government states that public servants cannot do anything, which taints their loyalty and allegiance to the Government in furtherance of their political party interest. The Committee notes these explanations and requests the Government to inform it of any past or future disciplinary measures taken against a public servant (sections 13(a) and 14(1)(k) of the Public Service Act of 1999), including any related administrative or judicial decisions.

4. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. Recalling that the National Employment Policy prepared by the Ministry of Labour and Employment in 2002 provided for free choice of work and equal opportunities, the Committee notes that the Government has never adopted the Policy. However, the Committee also notes from the Government’s report that it is still committed to ensuring that there is no discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. In this regard, the Committee notes the Government’s statement that it is undertaking to implement the measures set out in Article 3 during 2005 and would provide a report to the Committee on the progress made. Recalling that the Constitution and the Labour Code contain non-discrimination provisions, the Committee stresses the need for the Government to take concrete and proactive steps to promote equality and ensure non-discrimination in practice. The Committee thus looks forward to receiving additional information from the Government on the measures taken to declare and pursue a national equality policy as required under Articles 2 and 3 of the Convention.

5. Equality of opportunity and treatment of men and women. The Committee notes from the Employment and Earnings Survey 1996/1997 that 45.1 per cent of formal sector employees were men, while 54.9 per cent were women. Women outnumber men in the private and public formal sector, while more men than women are employed in the parastatal sector. The under-representation of men in the formal sector appears to be as a result of the importance of the manufacturing sector in which some 80 per cent of workers are women. In this regard, the Committee notes from the Government’s report that complaints were made by men to the Labour Department, alleging that they were not given equal opportunities to seek employment in the textile and leather industry. The Government states that the complainants where unable to prove their allegation and that the labour force in this industry was traditionally female. The Committee requests the Government to provide information on the measures taken to ensure that men and women enjoy equal employment opportunities in all sectors and industries, based on merit and excluding stereotypical considerations. The Government is also asked to provide up to date statistical information on the position of men and women in the formal and informal employment and work, including statistical information on the number of employees by industry and occupational groups, disaggregated by sex.

6. Equality of opportunity and treatment irrespective of race, colour or national extraction. Recalling its previous comments concerning existing ethnic tensions between the Basotho and ethnic Asian communities, the Committee notes that the Government’s statement that tensions between the Basotho and employers of Chinese origin were mainly caused by communication barriers and cultural differences and that the Ministry of Labour has been raising the issue in training sessions with workers and employers in the textile industry in order to reduce incidence of unfair dismissals, e.g. by establishing effective grievance procedures and encouraging communication. The Committee also notes that the Government has elaborated a Race Relations Bill, 2004, which prohibits racial discrimination in access to public places, the use of public facilities or services, and schools. The Committee requests the Government to continue to promote information on the practical measures taken to ensure the enjoyment of equality of opportunity and treatment of all workers in Lesotho, irrespective of race, colour, and national extraction.

7. Article 3(a). Cooperation with employers’ and workers’ organizations and other appropriate bodies. The Committee notes the Government’s indication that it is planning to take action to seek the cooperation of workers and employers with a view to encouraging the application of the Convention in 2005. It asks the Government to provide information on the concrete steps taken and any results achieved.

8. Article 4. Measures affecting individuals suspected of, or engaged in activities prejudicial to the security of the State. The Committee notes the Government’s reply to its previous direct request confirming that persons affected in their employment and occupation by measures taken against them for state security reasons have recourse to the High Court sitting as constitutional court. Noting that the Government is not aware of any such complaints made, the Committee asks the Government to inform it of any relevant cases that may be brought before the High Court in the future.

9. Parts II and IV of the report form. The Government is requested to provide information on the measures taken by the competent authorities monitor and enforce the legislative provisions applying the Convention, particularly section 5 of the Labour Code Order. Please indicate the number, nature and outcome of cases concerning employment discrimination dealt by the authorities.

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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:

1. Article 1 of the Convention. Discrimination on the basis of sex. The Committee recalls its previous comments concerning the fact that, under customary law and in common law, women are considered to be minors and cannot therefore conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. In this regard, the Committee notes the Government’s assurance that women in fact can conclude employment contracts, open bank accounts and apply for passports without the consent of their husbands. The Committee also notes the Government’s statement that, in practice, customary law is never applied in employment relationships, whether they are formal or informal. Furthermore, the Committee notes that the Married Persons Equality Bill proposed by the Lesotho Law Reform Commission has not yet been adopted. The Committee considers that efforts to ensure equality of opportunity and treatment of men and women in employment and occupation must go hand in hand with promoting gender equality in society at large. The Government is therefore asked to continue to provide information on the measures taken to abolish any discriminatory laws or practices that may impede the full application of the Convention and to pursue legal reform with a view to ensure equal rights of men and women, including progress made in adopting the Married Persons Equality Bill.

2. Sexual harassment. Recalling its 2002 general observation, the Committee notes the information provided by the Government on sexual harassment. It notes in particular that sexual harassment at work is prohibited pursuant to sections 5(2) and 200 of the Labour Code Order No. 24 of 1992. In 2003, the Minister of Labour and Employment issued a Code of Good Practice on sexual harassment in the workplace which contains provisions defining sexual harassment. The Code also sets out recommendations on how employers should prevent and address such behaviour at the workplace and deals with formal and informal mechanisms for conflict resolution and guidance as to the available remedies available under the law. The Committee requests the Government to provide information on the practical application of the relevant provisions of the Labour Code and the Code of Good Practice.

3. Discrimination on the basis of political opinion. In reply to the Committee’s previous comments concerning the application of sections 13(a) and 14(1)(k) of the Public Service Act of 1999 in practice, the Government states that under these provisions public servants are not prevented from being members of political parties but they are not allowed to hold executive or senior positions within their parties and cannot stand for election. Furthermore, the Government states that public servants cannot do anything, which taints their loyalty and allegiance to the Government in furtherance of their political party interest. The Committee notes these explanations and requests the Government to inform it of any past or future disciplinary measures taken against a public servant (sections 13(a) and 14(1)(k) of the Public Service Act of 1999), including any related administrative or judicial decisions.

4. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. Recalling that the National Employment Policy prepared by the Ministry of Labour and Employment in 2002 provided for free choice of work and equal opportunities – the Committee notes that the Government has never adopted the Policy. However, the Committee also notes from the Government’s report that it is still committed to ensuring that there is no discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. In this regard, the Committee notes the Government’s statement that it is undertaking to implement the measures set out in Article 3 during 2005 and would provide a report to the Committee on the progress made. Recalling that the Constitution and the Labour Code contain non-discrimination provisions, the Committee stresses the need for the Government to take concrete and proactive steps to promote equality and ensure non-discrimination in practice. The Committee thus looks forward to receiving additional information from the Government on the measures taken to declare and pursue a national equality policy as required under Articles 2 and 3 of the Convention.

5. Equality of opportunity and treatment of men and women. The Committee notes from the Employment and Earnings Survey 1996/1997 that 45.1 per cent of formal sector employees were men, while 54.9 per cent were women. Women outnumber men in the private and public formal sector, while more men than women are employed in the parastatal sector. The under-representation of men in the formal sector appears to be as a result of the importance of the manufacturing sector in which some 80 per cent of workers are women. In this regard, the Committee notes from the Government’s report that complaints were made by men to the Labour Department, alleging that they were not given equal opportunities to seek employment in the textile and leather industry. The Government states that the complainants where unable to prove their allegation and that the labour force in this industry was traditionally female. The Committee requests the Government to provide information on the measures taken to ensure that men and women enjoy equal employment opportunities in all sectors and industries, based on merit and excluding stereotypical considerations. The Government is also asked to provide up to date statistical information on the position of men and women in the formal and informal employment and work, including statistical information on the number of employees by industry and occupational groups, disaggregated by sex.

6. Equality of opportunity and treatment irrespective of race, colour or national extraction. Recalling its previous comments concerning existing ethnic tensions between the Basotho and ethnic Asian communities, the Committee notes that the Government’s statement that tensions between the Basotho and employers of Chinese origin were mainly caused by communication barriers and cultural differences and that the Ministry of Labour has been raising the issue in training sessions with workers and employers in the textile industry in order to reduce incidence of unfair dismissals, e.g. by establishing effective grievance procedures and encouraging communication. The Committee also notes that the Government has elaborated a Race Relations Bill, 2004, which prohibits racial discrimination in access to public places, the use of public facilities or services, and schools. The Committee requests the Government to continue to promote information on the practical measures taken to ensure the enjoyment of equality of opportunity and treatment of all workers in Lesotho, irrespective of race, colour, and national extraction.

7. Article 3(a). Cooperation with employers’ and workers’ organizations and other appropriate bodies. The Committee notes the Government’s indication that it is planning to take action to seek the cooperation of workers and employers with a view to encouraging the application of the Convention in 2005. It asks the Government to provide information on the concrete steps taken and any results achieved.

8. Article 4. Measures affecting individuals suspected of, or engaged in activities prejudicial to the security of the State. The Committee notes the Government’s reply to its previous direct request confirming that persons affected in their employment and occupation by measures taken against them for state security reasons have recourse to the High Court sitting as constitutional court. Noting that the Government is not aware of any such complaints made, the Committee asks the Government to inform it of any relevant cases that may be brought before the High Court in the future.

9. Parts II and IV of the report form. The Government is requested to provide information on the measures taken by the competent authorities monitor and enforce the legislative provisions applying the Convention, particularly section 5 of the Labour Code Order. Please indicate the number, nature and outcome of cases concerning employment discrimination dealt by the authorities.

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1. Article 1 of the Convention. Discrimination on the basis of sex. The Committee recalls its previous comments concerning the fact that, under customary law and in common law, women are considered to be minors and cannot therefore conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. In this regard, the Committee notes the Government’s assurance that women in fact can conclude employment contracts, open bank accounts and apply for passports without the consent of their husbands. The Committee also notes the Government’s statement that, in practice, customary law is never applied in employment relationships, whether they are formal or informal. Furthermore, the Committee notes that the Married Persons Equality Bill proposed by the Lesotho Law Reform Commission has not yet been adopted. The Committee considers that efforts to ensure equality of opportunity and treatment of men and women in employment and occupation must go hand in hand with promoting gender equality in society at large. The Government is therefore asked to continue to provide information on the measures taken to abolish any discriminatory laws or practices that may impede the full application of the Convention and to pursue legal reform with a view to ensure equal rights of men and women, including progress made in adopting the Married Persons Equality Bill.

2. Sexual harassment. Recalling its 2002 general observation, the Committee notes the information provided by the Government on sexual harassment. It notes in particular that sexual harassment at work is prohibited pursuant to sections 5(2) and 200 of the Labour Code Order No. 24 of 1992. In 2003, the Minister of Labour and Employment issued a Code of Good Practice on sexual harassment in the workplace which contains provisions defining sexual harassment. The Code also sets out recommendations on how employers should prevent and address such behaviour at the workplace and deals with formal and informal mechanisms for conflict resolution and guidance as to the available remedies available under the law. The Committee requests the Government to provide information on the practical application of the relevant provisions of the Labour Code and the Code of Good Practice.

3. Discrimination on the basis of political opinion. In reply to the Committee’s previous comments concerning the application of sections 13(a) and 14(1)(k) of the Public Service Act of 1999 in practice, the Government states that under these provisions public servants are not prevented from being members of political parties but they are not allowed to hold executive or senior positions within their parties and cannot stand for election. Furthermore, the Government states that public servants cannot do anything, which taints their loyalty and allegiance to the Government in furtherance of their political party interest. The Committee notes these explanations and requests the Government to inform it of any past or future disciplinary measures taken against a public servant (sections 13(a) and 14(1)(k) of the Public Service Act of 1999), including any related administrative or judicial decisions.

4. Article 2. National policy to promote equality of opportunity and treatment in employment and occupation. Recalling that the National Employment Policy prepared by the Ministry of Labour and Employment in 2002 provided for free choice of work and equal opportunities - the Committee notes that the Government has never adopted the Policy. However, the Committee also notes from the Government’s report that it is still committed to ensuring that there is no discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction or social origin. In this regard, the Committee notes the Government’s statement that it is undertaking to implement the measures set out in Article 3 during 2005 and would provide a report to the Committee on the progress made. Recalling that the Constitution and the Labour Code contain non-discrimination provisions, the Committee stresses the need for the Government to take concrete and proactive steps to promote equality and ensure non-discrimination in practice. The Committee thus looks forward to receiving additional information from the Government on the measures taken to declare and pursue a national equality policy as required under Articles 2 and 3 of the Convention.

5. Equality of opportunity and treatment of men and women. The Committee notes from the Employment and Earnings Survey 1996/1997 that 45.1 per cent of formal sector employees were men, while 54.9 per cent were women. Women outnumber men in the private and public formal sector, while more men than women are employed in the parastatal sector. The under-representation of men in the formal sector appears to be as a result of the importance of the manufacturing sector in which some 80 per cent of workers are women. In this regard, the Committee notes from the Government’s report that complaints were made by men to the Labour Department, alleging that they were not given equal opportunities to seek employment in the textile and leather industry. The Government states that the complainants where unable to prove their allegation and that the labour force in this industry was traditionally female. The Committee requests the Government to provide information on the measures taken to ensure that men and women enjoy equal employment opportunities in all sectors and industries, based on merit and excluding stereotypical considerations. The Government is also asked to provide up-to-date statistical information on the position of men and women in the formal and informal employment and work, including statistical information on the number of employees by industry and occupational groups, disaggregated by sex.

6. Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee notes from the 1996/1997 Employment and Earnings Survey that out of 71,668 paid employees, 1,124 were non-Basotho. Recalling its previous comments concerning existing ethnic tensions between the Basotho and ethnic Asian communities, the Committee notes that the Government’s statement that tensions between the Basotho and employers of Chinese origin were mainly caused by communication barriers and cultural differences and that the Ministry of Labour has been raising the issue in training sessions with workers and employers in the textile industry in order to reduce incidence of unfair dismissals, e.g. by establishing effective grievance procedures and encouraging communication. The Committee also notes that the Government has elaborated a Race Relations Bill, 2004, which prohibits racial discrimination in access to public places, the use of public facilities or services, and schools. The Committee requests the Government to continue to promote information on the practical measures taken to ensure the enjoyment of equality of opportunity and treatment of all workers in Lesotho, irrespective of race, colour, and national extraction.

7. Article 3(a). Cooperation with employers’ and workers’ organizations and other appropriate bodies. The Committee notes the Government’s indication that it is planning to take action to seek the cooperation of workers and employers with a view to encouraging the application of the Convention in 2005. It asks the Government to provide information on the concrete steps taken and any results achieved.

8. Article 4. Measures affecting individuals suspected of, or engaged in activities prejudicial to the security of the State. The Committee notes the Government’s reply to its previous direct request confirming that persons affected in their employment and occupation by measures taken against them for state security reasons have recourse to the High Court sitting as constitutional court. Noting that the Government is not aware of any such complaints made, the Committee asks the Government to inform it of any relevant cases that may be brought before the High Court in the future.

9. Parts II and IV of the report form. The Government is requested to provide information on the measures taken by the competent authorities monitor and enforce the legislative provisions applying the Convention, particularly section 5 of the Labour Code Order. Please indicate the number, nature and outcome of cases concerning employment discrimination dealt by the authorities.

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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:

1. Article 1 of the Convention. In its previous request, the Committee noted that article 18, paragraph 4(b) and (c), of the Constitution stipulate that in certain matters, particularly in marriage, divorce, devolution of property or those matters which fall within the scope of customary law, it was possible to derogate from the application of the principle of equality of opportunity and treatment laid down in paragraph 1 of article 18. The Committee deemed it cause for concern that the abovementioned provisions authorized the application of legislative texts and laws, including customary law, which were discriminatory and therefore incompatible with the present Convention to the extent that they had an impact on employment and occupation. It noted, for example, that in customary law and in common law women are considered to be minors and cannot therefore conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. The Committee wished to be reassured that the application of customary law did not hinder the implementation of the principle of equality of opportunity and treatment with respect to employment and occupation as regards the grounds covered by the Convention.

2. Further to the above, the Committee notes that Consultation Paper No. 1 (2000) of the Law Reform Commission proposes the adoption of a "Married Persons Equality Bill". It notes that section 3(1)(a) of the Bill repeals the common law, customary law and any other marriage rules in terms of which a husband acquires the marital power over the person and property of his wife; subsection (1)(b) immediately abolishes the marital power which any husband has over the person and property of his wife. Further, section 4(a) of the Bill provides that the effect of the marital power would be to remove the restrictions which the marital power places on the legal capacity of his wife, among others, to contract and to perform any other act which was restricted by any law due to the marital power. Further, subsection (b) abolishes the common law and customary law positions where the husband is regarded as head of the family by virtue of the marital power. Considering the possible positive impact the adoption of the Bill could have on the application of the Convention, the Committee asks the Government to indicate whether the Bill has been adopted, and if so, provide copies of the Bill, as well as any information regarding its practical impact on the promotion of equality of opportunity and treatment in regard to the employment and occupation of women. Noting, nevertheless, that the Government’s report does not include sufficient information to enable the Committee to assess the relationship between customary law and common law in practice and in what manner the Government ensures that application of customary law does not hinder the implementation of the principle of equality of opportunity and treatment with respect to employment and occupation in regard to any person because of their sex, race, colour, religion, political opinion, national extraction or social origin, the Committee hopes that such information will be included in the Government’s next report.

3. Discrimination on the basis of political opinion. The Committee notes that the Government does not reply to its previous comment in which it noted that section 13(a) of the Public Service Act, 1995, requires absolute and undivided loyalty on the part of public officers in regard to the Constitution and the Government. It also noted that section 14(1)(k), of the Act restricts considerably the right of public officers to express or demonstrate their political opinions. The Committee, therefore, reiterates its request to the Government to supply information on the manner in which this provision is applied in practice.

4. Discrimination on the basis of colour, race or national extraction. The Committee notes that the Government does not provide any information with respect to its previous comments in which it noted the Government’s statements to the United Nations committee (CERD/C/337/Add.1, paragraph 16) affirming the existence on its territory of a small minority of Basothos of Indian origin, as well as the observations of the committee (CERD/C/56/Misc.39/Rev.3, paragraph 5) to the effect that there is tension between Lesotho nationals and certain factory owners of Asian and South African origin. The Committee reiterates its request to the Government to supply information on measures taken to calm relations between these communities and promote equality in employment. The Committee would also be grateful if the Government would supply information on the ethnic composition of the population of Lesotho.

5. Article 2. In its previous direct request, the Committee pointed out that, in addition to the legal context, positive measures were needed to eliminate discrimination in practice. It recalled that articles 26 and 30 of the Constitution of Lesotho require the Government to adopt policies aimed at promoting a society based on equality and justice for all its citizens regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as well as policies aimed at securing just and favourable conditions of work and, in particular, policies directed to achieving equal opportunities for men and women in regard to employment. In this regard, the Committees notes from the attached documentation the adoption of a comprehensive employment policy aiming, among others, "to ensure that there is freedom of choice in employment and the fullest opportunity for each worker to qualify for, and to use his [or her] skills and endowments in, a job for which he [or she] is well suited, irrespective of race, colour, sex, religion, political opinion, national extraction and social origin"; and that "the basis rights and interests of workers are safeguarded and, to that end, discriminatory laws are abolished". The Committee also notes that the policy includes a number of strategies related to, among others, promoting rural employment, employment creation, skills development and equal opportunities for men and women, improving working conditions and enhancing the participation of employers and workers. The Committee requests the Government to indicate the measures taken and envisaged under the national employment policy to ensure the implementation of the constitutional provisions on equality and non-discrimination, in legislation as well as in practice, especially with respect to employment creation, working conditions, skills development of women but also of other more vulnerable groups. It also requests the Government to indicate in what other manner it envisages to eliminate effectively discrimination in employment and occupation on the basis of race, colour, sex, religion, political, opinion, national extraction and social origin.

6. The Committee notes the statistical data provided by the Government on the number of employees in the different activities of the manufacturing industry. However, as the statistics do not indicate the numbers of men and women employed in the various companies, nor the specific positions they occupy, it is impossible for the Committee to evaluate the extent to which the Convention is applied in the manufacturing industry or any other sectors of the economy. The Committee requests the Government to indicate, in its next report, the respective numbers of men and women in the various activities of the manufacturing industry, as well as to provide any other statistics enabling it to ascertain the distribution between men and women - horizontally as well as vertically - in the various categories of employment and sectors of activity. Further, noting also from the attached documentation that the Central Bureau for Statistics will conduct surveys periodically on the labour force in the formal and the informal sectors of the economy and carry out particular surveys related to the informal sector and to micro- and small-scale enterprises, with particular attention being paid to women, the Committee asks the Government to provide copies of any surveys undertaken, and hopes that the Government will be able, next time, to provide information on the participation of the various components of the working population, both quantitatively and qualitatively, and in particular the most vulnerable social groups.

7. The Committee notes that the Government’s report does not reply to a number of other points it has made in its previous direct request, which read as follows:

1. The Committee notes that in 1993 the Government instituted a Law Reform Commission with the mandate of examining the laws not compatible with the new Constitution, proposing the repeal of archaic laws and reformulating laws. It notes that the Human Rights Service of the Ministry of Justice also has the mandate of ensuring that national legislation is compatible with international instruments relating to human rights. It also notes the establishment of an Ombudsman’s Office in 1996 which may be advised of violations of fundamental rights guaranteed under the Constitution. In this regard, the Committee emphasizes the lack of provisions expressly prohibiting discrimination on the basis of the seven criteria set out in the Convention and recalling the sanctions incurred in the event of violation of this principle in the Public Service Act of 1995 (particularly in the section relating to recruitment and promotion) or in the 1984 Act on Technical and Vocational Training (particularly in regard to guidance and access to certain occupations). The Committee therefore requests the Government to supply information on the activities of these various bodies, where they are linked to the promotion and application of equality of opportunity and treatment and to indicate whether the National Human Rights Commission, charged with investigating any violation of human rights, has finally been established.

2. Article 3. The Committee notes the statement in the Government’s report that there is no discrimination in Lesotho within the meaning of the Convention, hence there is no need to adopt laws or education programmes to encourage acceptance and application of the national policy of equality of opportunity and treatment in employment. The Committee recalls that the promotion of equality of occupation and treatment does not apply to a static situation which can be addressed in a definitive manner, but to an ongoing process during which the national policy of equality must adjust to the changes it makes in society to succeed in eliminating the many distinctions, exclusions or preferences based on the criteria set forth in the Convention. The Committee therefore invites the Government to implement actively the measures set out in Article 3(a), (b), (c), (d) and (e) of the Convention, particularly in regard to education and raising of public awareness to the occurrence of discrimination in employment based on unlawful grounds.

3. The Committee requests the Government to supply information on its methods of cooperation with employers’ and workers’ organizations with a view to encouraging the acceptance and application of this Convention. It also requests copies of some of the collective agreements in force in the public and private sectors.

4. Article 4. The Committee notes the Government’s statement to the effect that there are no legislative or administrative measures governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. It nevertheless requests the Government to indicate what recourse is open to these persons and whether complaints of this nature have already been examined.

5. The Committee wishes to know whether there are occupations - in the public service and the private sector - which are not accessible to women (other than underground work). If so, it requests the Government to provide it with a detailed list.

The Committee hopes that the Government will make every effort to provide the requested information in its next report.

CMNT_TITLE

The Committee notes the information provided by the Government in its report, which is identical to the previous report, except for the attached documentation.

1. Article 1 of the Convention. In its previous request, the Committee noted that article 18, paragraph 4(b) and (c), of the Constitution stipulate that in certain matters, particularly in marriage, divorce, devolution of property or those matters which fall within the scope of customary law, it was possible to derogate from the application of the principle of equality of opportunity and treatment laid down in paragraph 1 of article 18. The Committee deemed it cause for concern that the abovementioned provisions authorized the application of legislative texts and laws, including customary law, which were discriminatory and therefore incompatible with the present Convention to the extent that they had an impact on employment and occupation. It noted, for example, that in customary law and in common law women are considered to be minors and cannot therefore conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. The Committee wished to be reassured that the application of customary law did not hinder the implementation of the principle of equality of opportunity and treatment with respect to employment and occupation as regards the grounds covered by the Convention.

2. Further to the above, the Committee notes that Consultation Paper No. 1 (2000) of the Law Reform Commission proposes the adoption of a "Married Persons Equality Bill". It notes that section 3(1)(a) of the Bill repeals the common law, customary law and any other marriage rules in terms of which a husband acquires the marital power over the person and property of his wife; subsection (1)(b) immediately abolishes the marital power which any husband has over the person and property of his wife. Further, section 4(a) of the Bill provides that the effect of the marital power would be to remove the restrictions which the marital power places on the legal capacity of his wife, among others, to contract and to perform any other act which was restricted by any law due to the marital power. Further, subsection (b) abolishes the common law and customary law positions where the husband is regarded as head of the family by virtue of the marital power. Considering the possible positive impact the adoption of the Bill could have on the application of the Convention, the Committee asks the Government to indicate whether the Bill has been adopted, and if so, provide copies of the Bill, as well as any information regarding its practical impact on the promotion of equality of opportunity and treatment in regard to the employment and occupation of women. Noting, nevertheless, that the Government’s report does not include sufficient information to enable the Committee to assess the relationship between customary law and common law in practice and in what manner the Government ensures that application of customary law does not hinder the implementation of the principle of equality of opportunity and treatment with respect to employment and occupation in regard to any person because of their sex, race, colour, religion, political opinion, national extraction or social origin, the Committee hopes that such information will be included in the Government’s next report.

3. Discrimination on the basis of political opinion. The Committee notes that the Government does not reply to its previous comment in which it noted that section 13(a) of the Public Service Act, 1995, requires absolute and undivided loyalty on the part of public officers in regard to the Constitution and the Government. It also noted that section 14(1)(k), of the Act restricts considerably the right of public officers to express or demonstrate their political opinions. The Committee, therefore, reiterates its request to the Government to supply information on the manner in which this provision is applied in practice.

4. Discrimination on the basis of colour, race or national extraction. The Committee notes that the Government does not provide any information with respect to its previous comments in which it noted the Government’s statements to the United Nations committee (CERD/C/337/Add.1, paragraph 16) affirming the existence on its territory of a small minority of Basothos of Indian origin, as well as the observations of the committee (CERD/C/56/Misc.39/Rev.3, paragraph 5) to the effect that there is tension between Lesotho nationals and certain factory owners of Asian and South African origin. The Committee reiterates its request to the Government to supply information on measures taken to calm relations between these communities and promote equality in employment. The Committee would also be grateful if the Government would supply information on the ethnic composition of the population of Lesotho.

5. Article 2. In its previous direct request, the Committee pointed out that, in addition to the legal context, positive measures were needed to eliminate discrimination in practice. It recalled that articles 26 and 30 of the Constitution of Lesotho require the Government to adopt policies aimed at promoting a society based on equality and justice for all its citizens regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as well as policies aimed at securing just and favourable conditions of work and, in particular, policies directed to achieving equal opportunities for men and women in regard to employment. In this regard, the Committees notes from the attached documentation the adoption of a comprehensive employment policy aiming, among others, "to ensure that there is freedom of choice in employment and the fullest opportunity for each worker to qualify for, and to use his [or her] skills and endowments in, a job for which he [or she] is well suited, irrespective of race, colour, sex, religion, political opinion, national extraction and social origin"; and that "the basis rights and interests of workers are safeguarded and, to that end, discriminatory laws are abolished". The Committee also notes that the policy includes a number of strategies related to, among others, promoting rural employment, employment creation, skills development and equal opportunities for men and women, improving working conditions and enhancing the participation of employers and workers. The Committee requests the Government to indicate the measures taken and envisaged under the national employment policy to ensure the implementation of the constitutional provisions on equality and non-discrimination, in legislation as well as in practice, especially with respect to employment creation, working conditions, skills development of women but also of other more vulnerable groups. It also requests the Government to indicate in what other manner it envisages to eliminate effectively discrimination in employment and occupation on the basis of race, colour, sex, religion, political, opinion, national extraction and social origin.

6. The Committee notes the statistical data provided by the Government on the number of employees in the different activities of the manufacturing industry. However, as the statistics do not indicate the numbers of men and women employed in the various companies, nor the specific positions they occupy, it is impossible for the Committee to evaluate the extent to which the Convention is applied in the manufacturing industry or any other sectors of the economy. The Committee requests the Government to indicate, in its next report, the respective numbers of men and women in the various activities of the manufacturing industry, as well as to provide any other statistics enabling it to ascertain the distribution between men and women - horizontally as well as vertically - in the various categories of employment and sectors of activity. Further, noting also from the attached documentation that the Central Bureau for Statistics will conduct surveys periodically on the labour force in the formal and the informal sectors of the economy and carry out particular surveys related to the informal sector and to micro- and small-scale enterprises, with particular attention being paid to women, the Committee asks the Government to provide copies of any surveys undertaken, and hopes that the Government will be able, next time, to provide information on the participation of the various components of the working population, both quantitatively and qualitatively, and in particular the most vulnerable social groups.

7. The Committee notes that the Government’s report does not reply to a number of other points it has made in its previous direct request, which read as follows:

1. The Committee notes that in 1993 the Government instituted a Law Reform Commission with the mandate of examining the laws not compatible with the new Constitution, proposing the repeal of archaic laws and reformulating laws. It notes that the Human Rights Service of the Ministry of Justice also has the mandate of ensuring that national legislation is compatible with international instruments relating to human rights. It also notes the establishment of an Ombudsman’s Office in 1996 which may be advised of violations of fundamental rights guaranteed under the Constitution. In this regard, the Committee emphasizes the lack of provisions expressly prohibiting discrimination on the basis of the seven criteria set out in the Convention and recalling the sanctions incurred in the event of violation of this principle in the Public Service Act of 1995 (particularly in the section relating to recruitment and promotion) or in the 1984 Act on Technical and Vocational Training (particularly in regard to guidance and access to certain occupations). The Committee therefore requests the Government to supply information on the activities of these various bodies, where they are linked to the promotion and application of equality of opportunity and treatment and to indicate whether the National Human Rights Commission, charged with investigating any violation of human rights, has finally been established.

2. Article 3. The Committee notes the statement in the Government’s report that there is no discrimination in Lesotho within the meaning of the Convention, hence there is no need to adopt laws or education programmes to encourage acceptance and application of the national policy of equality of opportunity and treatment in employment. The Committee recalls that the promotion of equality of occupation and treatment does not apply to a static situation which can be addressed in a definitive manner, but to an ongoing process during which the national policy of equality must adjust to the changes it makes in society to succeed in eliminating the many distinctions, exclusions or preferences based on the criteria set forth in the Convention. The Committee therefore invites the Government to implement actively the measures set out in Article 3(a), (b), (c), (d) and (e) of the Convention, particularly in regard to education and raising of public awareness to the occurrence of discrimination in employment based on unlawful grounds.

3. The Committee requests the Government to supply information on its methods of cooperation with employers’ and workers’ organizations with a view to encouraging the acceptance and application of this Convention. It also requests copies of some of the collective agreements in force in the public and private sectors.

4. Article 4. The Committee notes the Government’s statement to the effect that there are no legislative or administrative measures governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. It nevertheless requests the Government to indicate what recourse is open to these persons and whether complaints of this nature have already been examined.

5. The Committee wishes to know whether there are occupations - in the public service and the private sector - which are not accessible to women (other than underground work). If so, it requests the Government to provide it with a detailed list.

The Committee hopes that the Government will make every effort to provide the requested information in its next report.

CMNT_TITLE

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:

        The Committee notes the Government’s first two reports on the application of the Convention and expresses the hope that in its next report it will supply detailed information on the following points.

        1. Article 1 of the Convention. The Committee notes with interest that the Constitution of Lesotho enshrines the principle of non-discrimination in general (articles 4 and 18), while section 5 of the Labour Code reproduces almost word for word Article 1 of the Convention and thus guarantees equality of opportunity and treatment in employment and occupation. It notes, however, that article 18, 4(b) and 4(c), of the Constitution stipulates that in certain matters, particularly in marriage, divorce, devolution of property or those matters which fall within the scope of customary law, it is possible to derogate from the application of the principle of equality of opportunity and treatment laid down in paragraph 1 of article 18. The Committee deems it cause for concern that the abovementioned provisions authorize the application of legislative texts and laws, including customary law, which are discriminatory and therefore incompatible with the present Convention to the extent that they have an impact on employment and occupation. It notes, for example, that in customary law and in common law women are considered to be minors and cannot therefore conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. The Committee would therefore be grateful if the Government would indicate whether customary law on these matters has been codified and, if so, to provide it with a copy of the relevant provisions. It requests the Government to indicate the relationship between customary law and common law in practice and in what manner it ensures that application of customary law does not hinder the implementation of the principle of equality of opportunity and treatment in regard to the employment and occupation of women, but also in regard to any person because of their race, colour, religion, political opinion, national extraction or social origin.

        2. The Committee wishes to obtain information on the participation of the various components of the working population, both quantitatively and qualitatively, and in particular the most vulnerable social groups. In this regard, the Committee would be grateful if the Government would indicate whether the data collected by virtue of section 17 of the Labour Code is disaggregated by sex, in which case it requests the Government to send it a copy of the statistics enabling it to ascertain the distribution between men and women - horizontally as well as vertically - in the various categories of employment and sectors of activity.

        3. Discrimination on the basis of political opinion. The Committee notes that section 13(a) of the Public Service Act, 1995, requires absolute and undivided loyalty on the part of public officers in regard to the Constitution and the Government. It also notes that section 14(1)(k), of the Act restricts considerably the right of public officers to express or demonstrate their political opinions. It therefore requests the Government to supply information on the manner in which this provision is applied in practice.

        4. Discrimination on the basis of colour, race or national extraction. The Committee notes the Government’s statements to the United Nations Committee (CERD/C/337/Add.1, paragraph 16) affirming the existence on its territory of a small minority of Basothos of Indian origin as well as the observations of the Committee (CERD/C/56/Misc.39/Rev.3, paragraph 5) to the effect that there is tension between Lesotho nationals and certain factory owners of Asian and South African origin. The Committee would be grateful if the Government would supply information on measures taken to calm relations between these communities and promote equality in employment. The Committee would be grateful if the Government would supply information on the ethnic composition of the population of Lesotho.

        5. Article 2. The Committee notes the Government’s statement to the effect that this Article is fully applied in that the Constitution (article 18), forbids discrimination on all the seven grounds listed in the Convention, affirms the principle of equality before the law (article 19) and provides the possibility that victims of discrimination may apply to the High Court for relief (article 22). Although affirmation of the principle of equality, incorporation of the Convention in the national legal order and the absence of laws or administrative measures expressly instituting inequality constitute an essential feature of the national policy laid down in Article 2 of the Convention, they do not however suffice to satisfy the obligations of the Convention, which is aimed at the effective elimination of all discrimination. The Committee is of the view that, although the legal context is important, it does not in itself suffice to dispel discrimination in fact as certain forms of discrimination stem from behaviour, attitudes or the display of prejudice which can be eliminated only by the adoption of positive measures. The Committee recalls that under article 26 of the Constitution of Lesotho the Government is required to adopt policies aimed at promoting a society based on equality and justice for all its citizens regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and that article 30 of the Constitution provides for the adoption of policies aimed at securing just and favourable conditions of work and, in particular, policies directed to achieving equal opportunities for men and women in regard to employment. The Committee therefore requests the Government to indicate in what manner it envisages implementing the abovementioned constitutional provisions, in legislation as well as in practice.

        6. The Committee notes that in 1993 the Government instituted a Law Reform Commission with the mandate of examining the laws not compatible with the new Constitution, proposing the repeal of archaic laws and reformulating laws. It notes that the Human Rights Service of the Ministry of Justice also has the mandate of ensuring that national legislation is compatible with international instruments relating to human rights. It also notes the establishment of an Ombudsman’s Office in 1996 which may be advised of violations of fundamental rights guaranteed under the Constitution. In this regard, the Committee emphasizes the lack of provisions expressly prohibiting discrimination on the basis of the seven criteria set out in the Convention and recalling the sanctions incurred in the event of violation of this principle in the Public Service Act of 1995 (particularly in the section relating to recruitment and promotion) or in the 1984 Act on Technical and Vocational Training (particularly in regard to guidance and access to certain occupations). The Committee therefore requests the Government to supply information on the activities of these various bodies, where they are linked to the promotion and application of equality of opportunity and treatment and to indicate whether the National Human Rights Commission, charged with investigating any violation of human rights, has finally been established.

        7. Article 3. The Committee notes the statement in the Government’s report that there is no discrimination in Lesotho within the meaning of the Convention, hence there is no need to adopt laws or education programmes to encourage acceptance and application of the national policy of equality of opportunity and treatment in employment. The Committee recalls that the promotion of equality of occupation and treatment does not apply to a static situation which can be addressed in a definitive manner, but to an ongoing process during which the national policy of equality must adjust to the changes it makes in society to succeed in eliminating the many distinctions, exclusions or preferences based on the criteria set forth in the Convention. The Committee therefore invites the Government to implement actively the measures set out in Article 3(a), (b), (c), (d) and (e) of the Convention, particularly in regard to education and raising of public awareness to the occurrence of discrimination in employment based on unlawful grounds.

        8. The Committee requests the Government to supply information on its methods of cooperation with employers’ and workers’ organizations with a view to encouraging the acceptance and application of this Convention. It also requests copies of some of the collective agreements in force in the public and private sectors.

        9. Article 4. The Committee notes the Government’s statement to the effect that there are no legislative or administrative measures governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. It nevertheless requests the Government to indicate what recourse is open to these persons and whether complaints of this nature have already been examined.

        10. The Committee wishes to know whether there are occupations - in the public service and the private sector - which are not accessible to women (other than underground work). If so, it requests the Government to provide it with a detailed list.

CMNT_TITLE

The Committee notes the Government’s first two reports on the application of the Convention and expresses the hope that in its next report it will supply detailed information on the following points.

1.  Article 1 of the Convention.  The Committee notes with interest that the Constitution of Lesotho enshrines the principle of non-discrimination in general (articles 4 and 18), while section 5 of the Labour Code reproduces almost word for word Article 1 of the Convention and thus guarantees equality of opportunity and treatment in employment and occupation. It notes, however, that article 18, 4(b) and 4(c), of the Constitution stipulates that in certain matters, particularly in marriage, divorce, devolution of property or those matters which fall within the scope of customary law, it is possible to derogate from the application of the principle of equality of opportunity and treatment laid down in paragraph 1 of article 18. The Committee deems it cause for concern that the abovementioned provisions authorize the application of legislative texts and laws, including customary law, which are discriminatory and therefore incompatible with the present Convention to the extent that they have an impact on employment and occupation. It notes, for example, that in customary law and in common law women are considered to be minors and cannot therefore conclude a contract, open a bank account, obtain a loan or apply for a passport without their husband’s consent. The Committee would therefore be grateful if the Government would indicate whether customary law on these matters has been codified and, if so, to provide it with a copy of the relevant provisions. It requests the Government to indicate the relationship between customary law and common law in practice and in what manner it ensures that application of customary law does not hinder the implementation of the principle of equality of opportunity and treatment in regard to the employment and occupation of women, but also in regard to any person because of their race, colour, religion, political opinion, national extraction or social origin.

2.  The Committee wishes to obtain information on the participation of the various components of the working population, both quantitatively and qualitatively, and in particular the most vulnerable social groups. In this regard, the Committee would be grateful if the Government would indicate whether the data collected by virtue of section 17 of the Labour Code is disaggregated by sex, in which case it requests the Government to send it a copy of the statistics enabling it to ascertain the distribution between men and women - horizontally as well as vertically - in the various categories of employment and sectors of activity.

3.  Discrimination on the basis of political opinion.  The Committee notes that section 13(a) of the Public Service Act, 1995, requires absolute and undivided loyalty on the part of public officers in regard to the Constitution and the Government. It also notes that section 14(1)(k), of the Act restricts considerably the right of public officers to express or demonstrate their political opinions. It therefore requests the Government to supply information on the manner in which this provision is applied in practice.

4.  Discrimination on the basis of colour, race or national extraction.  The Committee notes the Government’s statements to the United Nations Committee (CERD/C/337/Add.1, paragraph 16) affirming the existence on its territory of a small minority of Basothos of Indian origin as well as the observations of the Committee (CERD/C/56/Misc.39/Rev.3, paragraph 5) to the effect that there is tension between Lesotho nationals and certain factory owners of Asian and South African origin. The Committee would be grateful if the Government would supply information on measures taken to calm relations between these communities and promote equality in employment. The Committee would be grateful if the Government would supply information on the ethnic composition of the population of Lesotho.

5.  Article 2.  The Committee notes the Government’s statement to the effect that this Article is fully applied in that the Constitution (article 18), forbids discrimination on all the seven grounds listed in the Convention, affirms the principle of equality before the law (article 19) and provides the possibility that victims of discrimination may apply to the High Court for relief (article 22). Although affirmation of the principle of equality, incorporation of the Convention in the national legal order and the absence of laws or administrative measures expressly instituting inequality constitute an essential feature of the national policy laid down in Article 2 of the Convention, they do not however suffice to satisfy the obligations of the Convention, which is aimed at the effective elimination of all discrimination. The Committee is of the view that, although the legal context is important, it does not in itself suffice to dispel discrimination in fact as certain forms of discrimination stem from behaviour, attitudes or the display of prejudice which can be eliminated only by the adoption of positive measures. The Committee recalls that under article 26 of the Constitution of Lesotho the Government is required to adopt policies aimed at promoting a society based on equality and justice for all its citizens regardless of race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, and that article 30 of the Constitution provides for the adoption of policies aimed at securing just and favourable conditions of work and, in particular, policies directed to achieving equal opportunities for men and women in regard to employment. The Committee therefore requests the Government to indicate in what manner it envisages implementing the abovementioned constitutional provisions, in legislation as well as in practice.

6.  The Committee notes that in 1993 the Government instituted a Law Reform Commission with the mandate of examining the laws not compatible with the new Constitution, proposing the repeal of archaic laws and reformulating laws. It notes that the Human Rights Service of the Ministry of Justice also has the mandate of ensuring that national legislation is compatible with international instruments relating to human rights. It also notes the establishment of an Ombudsman’s Office in 1996 which may be advised of violations of fundamental rights guaranteed under the Constitution. In this regard, the Committee emphasizes the lack of provisions expressly prohibiting discrimination on the basis of the seven criteria set out in the Convention and recalling the sanctions incurred in the event of violation of this principle in the Public Service Act of 1995 (particularly in the section relating to recruitment and promotion) or in the 1984 Act on Technical and Vocational Training (particularly in regard to guidance and access to certain occupations). The Committee therefore requests the Government to supply information on the activities of these various bodies, where they are linked to the promotion and application of equality of opportunity and treatment and to indicate whether the National Human Rights Commission, charged with investigating any violation of human rights, has finally been established.

7.  Article 3.  The Committee notes the statement in the Government’s report that there is no discrimination in Lesotho within the meaning of the Convention, hence there is no need to adopt laws or education programmes to encourage acceptance and application of the national policy of equality of opportunity and treatment in employment. The Committee recalls that the promotion of equality of occupation and treatment does not apply to a static situation which can be addressed in a definitive manner, but to an ongoing process during which the national policy of equality must adjust to the changes it makes in society to succeed in eliminating the many distinctions, exclusions or preferences based on the criteria set forth in the Convention. The Committee therefore invites the Government to implement actively the measures set out in Article 3(a), (b), (c), (d) and (e) of the Convention, particularly in regard to education and raising of public awareness to the occurrence of discrimination in employment based on unlawful grounds.

8.  The Committee requests the Government to supply information on its methods of cooperation with employers’ and workers’ organizations with a view to encouraging the acceptance and application of this Convention. It also requests copies of some of the collective agreements in force in the public and private sectors.

9.  Article 4.  The Committee notes the Government’s statement to the effect that there are no legislative or administrative measures governing the employment or occupation of persons suspected of, or engaged in, activities prejudicial to the security of the State. It nevertheless requests the Government to indicate what recourse is open to these persons and whether complaints of this nature have already been examined.

10.  The Committee wishes to know whether there are occupations - in the public service and the private sector - which are not accessible to women (other than underground work). If so, it requests the Government to provide it with a detailed list.