Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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

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.