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

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

The Committee notes the Government’s report, as well as the comments made by the Congress of Lesotho Trade Unions. It further notes the adoption of the Public Service Act, 2005.

Trade union rights and civil liberties. Rights of assembly and demonstration. The Committee notes the comments from the Congress of Lesotho Trade Unions according to which the Lesotho Police denied workers permission to celebrate May Day by holding a parade, on the grounds that the celebrations coincided with local government elections. Recalling that the right to organize public meetings and processions, particularly on the occasion of May Day, constitutes an important aspect of trade union rights, the Committee trusts that the Government will make every endeavour in the future to refrain from any interference that would restrict the rights of assembly and demonstration of workers or impede its exercise.

Article 3 of the Convention. The Committee notes that section 19 of the Public Service Act, 2005, 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 Act 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 notes that section 17 of the Public Service Act only provides for non-binding conciliation. Therefore, the Committee requests that the Government provide further information as to the measures taken to establish compensatory guarantees, in particular arbitration machinery for those workers who are prohibited from exercising their right to strike under the Act.

Articles 5 and 6. The Committee notes that the Public Service Act, 2005, is silent as to the rights of public service trade unions to establish federations and confederations and to affiliate with international organizations. It 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 therefore requests that the Government ensure that public officers’ associations established under the Act are guaranteed the right to establish federations and confederations and to affiliate with international organizations. It asks the Government to indicate in its next report any measures taken or contemplated in this respect.

In addition, the Committee is addressing a request on another point directly to the Government.