Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Lesotho (Ratification: 1966)

The Committee notes the Government's report.

1. The Committee notes with interest that Order No. 4 of 1988 fell into abeyance six months after the date on which it was adopted, 23 August 1988, and that the state of emergency was lifted, thereby restoring public freedoms without which the recognition of the right to organise has no effect.

2. With reference to its previous comments concerning the need to amend Act No. 34 of 1975, as amended in 1982, the annex to which provides that the banking sector is an essential service (thereby implying that it is subject to compulsory arbitration and depriving workers in the sector of the right to strike), the Committee notes the Government's statement in its report that it is continuing to give the matter active consideration and that it should be resolved with the adoption of the new Labour Code that was compiled with the assistance of the ILO.

The Committee notes with interest that under the terms of the draft text which, according to the Government, is in the process of being adopted:

- section 241 provides that Act No. 34 of 1975 will be repealed; and

- section 232 defines essential services as those services whose interruption would endanger the life, personal safety or health of the whole or part of the population.

The Committee expresses the firm hope that the Government will take the necessary measures for the draft Labour Code to be adopted rapidly and requests it to supply the final text once it has been adopted and to indicate in its next report the progress made in this respect.