Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes that the Government’s report has not been received, but notes, nevertheless, that a Public Service Bill has been developed. In pursuance of its previous comments, the Committee wishes to make the following points.

Article 2 of the Convention. The Committee notes that section 20 of the Bill provides that public officers shall be entitled to freedom of association. The Committee observes, however, that section 21 states that public officers’ associations may be formed by public officers "in pursuance of section 23" which relates to the rules of the Public Service Joint Advisory Council. The Committee notes the importance of the right of public servants to associate for the purpose of furthering and defending their occupational and economic interests. In light of its previous comments, the Committee asks the Government to provide clarification on the scope of the legislation and, in particular, whether the adoption of this legislation would permit all civil servants, including university professors, to form organizations of their own choosing. It further requests the Government to indicate whether the reference to section 23 in section 20 may result in restrictions on the right to organize.

Further, noting that the definition of "collective bargaining" in the Bill refers to "registered public officers’ associations", the Committee asks the Government to indicate the manner in which public officers’ associations may become registered.

Article 3. The Committee notes that section 19 of the Bill prohibits public officers from engaging in strikes. The Committee recalls that a prohibition on the right to strike in the public service should be limited to public servants exercising authority in the name of the State. The Committee asks the Government, therefore, to provide detailed information as to the precise categories of workers restricted in their right to strike under the Bill and the manner in which all other state employees, such as teaching staff or employees in state institutions, are guaranteed the right to undertake industrial action, without being subject to disciplinary or other sanctions.

The Committee further recalls that workers who may be deprived of the right to strike as a means of defending their socio-economic and occupational interests should be afforded compensatory guarantees, for example conciliation and mediation procedures leading, in the event of deadlock, to arbitration machinery seen to be reliable by the parties concerned (see General Survey on freedom of association and collective bargaining, 1994, paragraph 164). The Committee requests the Government, therefore, to provide further information as to the compensatory guarantees available to those workers prohibited from exercising their right to strike under the Bill and any other measures envisaged in this regard.

Articles 5 and 6. The Committee notes that the Bill is silent as to the rights of public service trade unions to establish federations and confederations and to affiliate with international organizations and recalls that the Convention not only recognizes the right of organizations to establish higher level bodies, but extends to such higher level bodies the same rights as first-level organizations. The Committee trusts that public officers’ associations established under the Bill will be guaranteed the right to establish federations and confederations and to affiliate with international organizations and requests the Government to indicate the manner in which this right is to be ensured.