Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Lesotho (Ratification: 2001)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee had previously noted that the Government had taken a number of educational initiatives in collaboration with UNICEF, such as: the Non-Formal Education Project, the Early Childhood Development Project and the Free Primary School Education Project. It notes the Government’s information that the Non-Formal Education Project is implemented through the following initiatives: (1) basic non-formal education, which is provided free of charge to all children who are 9 years of age and above to enable them to read, write, and make basic sums; (2) high school education, based on distance teaching; (3) Pre-primary education, monitored by the Ministry of Education and Training, which is provided to children in pre-schools. With regard to the Free Primary School Education Project, the Committee notes the Government’s information that it is still working towards making education compulsory. The Committee notes the Government’s information that the Law Reform Commission passed the Children’s Protection and Welfare Bill of 2005, whose aim is to promote and protect the rights of children. The Committee requests the Government to continue providing information on national policy measures designed to ensure the effective elimination of child labour, and on the results attained. It also requests the Government to provide a copy of the Children’s Protection and Welfare Bill of 2005 as soon as its has been approved.

Article 2, paragraph 1. 1. Scope of application. 1. Self-employment. In its previous comments, the Committee had noted that the provisions of the Labour Code appear to exclude self-employment from its application. It had further noted that, according to the Committee on the Rights of the Child (CRC/C/15/Add.147, paragraphs 55 and 59), children are increasingly employed as street traders and porters and there is an increasing number of children working on the streets. The Committee had requested the Government to supply information on the measures taken or envisaged to ensure the application of the Convention to all types of work outside an employment relationship, such as self-employment. The Committee notes the Government’s information that, as the Labour Code excludes from its scope of application non-contractual relationships, it will be highly impossible to enforce the provisions of the Convention, in so far as it covers all sectors of work independently from an employment relationship. The Government nevertheless points out that the Labour Code is under review and the hope is that this issue will be addressed. The Committee encourages the Government to take measures to ensure that all types of work outside an employment relationship, such as self-employment, benefit from the protection laid down in the Convention.

2. Agricultural and domestic work. The Committee had previously noted that, according to section 124(1) of the Labour Code, no child (i.e. under 15 years) shall be employed in any commercial or industrial undertaking in which only members of the child’s own family are employed. It had also noted that, according to the Government’s initial report to the Committee on the Rights of the Child of 1998 (CRC/C/11/Add.20), the Labour Code is commonly seen to apply only to industrial work and that children under 15 years of age are regularly engaged in herding livestock and domestic work. The Committee had asked the Government to provide information on the measures taken or envisaged to ensure the application of the Convention to all sectors of economic activity and to indicate what minimum age provisions apply to sectors other than commercial or industrial undertakings, such as agricultural and domestic work. The Committee notes the Government’s information that with regard to agricultural work, there is no age distinction between it and other economic sectors. It also notes the Government’s information that, with regard to domestic work, the same problem arises as for self-employed workers and the issue will be passed on the competent authority. The Committee encourages the Government, in the framework of the Labour Law review and of the enactment of the Children’s Protection and Welfare Bill, to take measures to ensure that domestic workers benefit from the protection laid down in the Convention.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously noted the information from UNICEF that the free Primary School Education project has succeeded in enrolling an additional 120,000 children in primary schools since 2000. It had, however, noted that primary education has not yet been made compulsory and that many children, in particular herd boys, children living in poverty and children in remote rural communities, continue not to have access to education. The Committee had considered that the requirement of Article 2(3) of the Convention were fulfilled since the minimum age for admission to employment was not less than the age of completion of compulsory education. It had nevertheless considered it desirable to ensure compulsory education up to the minimum age for employment, as provided under Paragraph 4 of Recommendation No. 146. The Committee notes the Government’s information that the Ministry of Employment and Labour will meet with the Ministry of Education to come up with a way forward in order to link the age limit of compulsory education with that of employment. The Committee notes that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 21.5 per cent of children were not attending school. The Committee also notes the Government’s information that a project entitled “Reducing Exploitative Child labour” (RECLISA) funded by the United States Department of Labor through American Research Project, is intended to run for four years from 2005. The foundations of this project were laid upon previous work carried out by the Government of Lesotho Distance Teaching Centre. It notes that, according to the information available at the Office, the RECLISA project in Lesotho concentrates mainly on young herders, but other working children and older school drop-outs will also benefit from non-formal education opportunities. The project is expected to enroll a minimum of 2,000 herders and other vulnerable children over a period of four years. These children will be taught literacy and numeracy together with basic life skills in areas that will help them earn a living as they get older. The Committee requests the Government to keep it informed of any developments with regard to linking the age limit of compulsory education with that of the employment. It also asks the Government to provide information on the number of children enrolled under the RECLISA project.

Article 3, paragraph 2. Determination of hazardous work. The Committee had previously noted that the national legislation did not seem to provide for a list of the types of work or employment likely to jeopardize the health or morals of a child or young person pursuant to section 125(1) of the Labour Code. The Committee had asked the Government to indicate whether any declaration regarding the types of work or employment that are likely to jeopardize the health, safety or morals of children had been issued by the Minister or by the Labour Commissioner pursuant to section 125(1) of the Labour Code. The Committee notes the Government’s information that the Government has not yet provided for a list of types of work or employment that are likely to jeopardize the health, safety or morals of children, but indicates that this will be looked into as a matter of urgency. The Government also adds that section 237 of the Children’s Protection and Welfare Bill of 2005 prohibits the employment of children in any hazardous work. The Committee reminds the Government that, by virtue of Article 3, paragraph 2, of the Convention, the types of work or employment that are likely to jeopardize the health, safety or morals of children, shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. It requests the Government to keep it informed of any developments with regard to the adoption of the list of types of hazardous work or employment, including eventually in the Children’s Protection and Welfare Bill of 2005.

Article 4. Exclusion of limited categories of employment or work. The Committee had previously noted that, by virtue of section 124(1) of the Labour Code, the employment of a child in a private undertaking in which only members of the child’s own family, up to five in total number, are employed, is excluded from the scope of application of the Convention. It had asked the Government to indicate the reasons for which children working in family undertakings have been excluded from the scope of the Convention, the position of its law and practice in respect of children working in family undertakings as well as the extent to which effect has been given or is proposed to be given to such category of work. The Committee notes the Government’s information that the reason why the employment of a child in which only the members of the child’s own family are employed is excluded from the application of the Convention, is that it is assumed that this work will not be hazardous or exploitative. This decision was taken pursuant to the advice of the National Advisory Committee on Labour, which is a tripartite body established to advise the Minister of Employment and Labour on labour issues.

Article 6. Minimum age for admission to apprenticeship. The Committee had previously requested the Government to provide information on the system of vocational and technical education, enrolment figures, conditions prescribed by the relevant competent authorities, and on consultations with the employers’ and workers’ organizations concerned, for any work done by children and young persons authorized as part of vocational and technical education. It had also requested the Government to provide information on the minimum age for apprenticeship and on the conditions governing work done by apprentices pursuant to sections 126 and 127 of the Labour Code. The Committee notes the Government’s information that vocational and technical education falls directly under the Ministry of Education and is offered in a number of technical schools. These schools offer courses ranging from automotive mechanics, building, carpentry and joinery, electric installations, leather works, plumbing, cooking catering, and panel beating. The Committee notes that the Government does not provide information on the minimum age for admission to apprenticeship.

The Committee reminds the Government that, by virtue of Article 6, of the Convention, the provisions of the Convention do not apply to work done by persons of at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist. Such work shall be: (a) an integral part of a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (c) a programme of guidance or orientation designed to facilitate the choice of an occupation. The Committee once again requests the Government to indicate what is the minimum age for admission to apprenticeship. If no age is fixed in the Labour Code for apprenticeship, the Committee requests the Government to take the necessary measures to ensure that no child under 14 years of age follows an apprenticeship in an undertaking.

Article 7. Light work. The Committee had previously noted that section 124(2) of the Labour Code permits the employment of children between the ages of 13 and 15 for light work in technical schools and similar institutions, provided that the work has been approved by the Department of Education. The Committee asked the Government to indicate the measures taken or envisaged in respect of provisions which would determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. The Committee had reminded the Government that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine what is light work and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee notes the Government’s information that the provisions which determine light physical work have not yet been adopted but that the Government will follow up on this matter. It also notes the information contained in the 2004 Lesotho Child Labour Survey – Analytical Report – that 38.6 per cent of children regardless of age worked between 22-28 hours per week. The Committee encourages the Government to take measures to determine light work activities and the conditions in which such employment or work could be undertaken by persons between 13 and 15 years of age. It requests the Government to keep it informed of any developments in this regard.

Article 8. Artistic performances. Following its previous comments, the Committee notes the Government’s information that children under the age of 15 years participate in artistic performances in practice. However, a system of individual permits for children so engaged is not in place. The Committee notes the Government’s statement that it intends to liaise with the stakeholders to devise such a system. The Committee requests the Government to keep it informed of any developments in establishing a system of individual permits for children under 15 years of age participating in artistic performances in conformity with Article 8 of the Convention.

Article 9, paragraph 3. Registers of employment. The Committee had previously noted that section 128(1) of the Labour Code provides that every employer in an industrial undertaking shall keep a register of all children and young persons employed and working therein, which shall include, amongst others, their ages or apparent ages and date of commencement and termination of employment. It had noted, however, that this provision of the Labour Code only applies to employers in industrial undertakings. The Committee notes the Government’s information that in as far as commercial sectors are concerned, there is full compliance. However, the Labour Code does not cater to the need to carry out inspections in the informal sector. According to the Government, the Labour Code is under review. Problems will nevertheless arise as to the enforcement of the law, because the Ministry has very few resources to carry out inspections. The Committee once again reminds the Government that the Convention requires that the obligation of keeping such registers extends to employers in all sectors of economic activity. It encourages the Government, in the framework of the Labour Law review and of the enactment of the Children’s Protection and Welfare Bill, to take the necessary measures to ensure conformity with the Convention in this respect.

Part III of the report form. The Committee notes the Government’s information that the office of the Labour Commissioner carries out inspections in all commercial economies but not in the informal economy and private residences, which is where most of the times child labour is carried out. The Committee notes the “Integrated labour inspection form” supplied by the Government. It requests the Government to supply extracts from the reports of inspections services and information on the number and nature of violations detected involving children.

Part V of the report form. The Committee notes that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 23 per cent of the children in Lesotho were child labourers. According to the report, the findings suggest that in Lesotho children were mainly working in agricultural activities followed by those who were working as domestic workers. The Committee encourages the Government to progressively reduce the number of children working and to take the necessary measures to apply the provisions of the Convention. The Committee also invites the Government to continue providing information on the manner in which the Convention is applied, including statistical data on the employment of children and young persons.

The Committee notes that the Government intends to review the Labour Code and is in the process of enacting the Children’s Protection and Welfare Bill of 2005. It encourages the Government to take into consideration, during the review of the relevant legislation, the Committee’s comments on discrepancies between national legislation and the Convention. The Committee asks the Government to inform it of any progress made in reviewing the Labour Code and invites it to consider technical assistance from the ILO.