Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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. Following its previous comments, the Committee notes the Government’s information that the legislative process for the adoption of the Children’s Protection and Welfare Bill is still ongoing. It also notes the Government’s statement that the Bill introducing free and compulsory primary education has not yet been adopted, but is awaiting clearance from the Attorney General’s Office. The Committee further notes the Government’s information that the action plan for the elimination of child labour which was drafted under the ILO/IPEC project entitled “Towards the Elimination of Child Labour” has been adopted by the National Advisory Committee on Labour and is awaiting Cabinet’s approval. The Committee hopes that the Children’s Protection and Welfare Bill, the Bill introducing free and compulsory primary education, and the action plan for the elimination of child labour will soon be adopted. It requests the Government to supply a copy of the same, once they have been adopted.

Article 2, paragraph 1. Scope of application. Self-employment and domestic work. The Committee had previously requested the Government to indicate the measures taken to ensure that all types of work outside an employment relationship, such as self-employment, as well as domestic workers benefit from the protection laid down in the Convention. The Committee notes with interest the Government’s indication that the Labour Code has been reviewed and a new provision for the protection of children in the domestic sector as well as self-employed workers has been inserted which reads as follows: for the purposes of section 124 to 129 of the Labour Code of 1992 (related to the minimum age for admission to work, hazardous work, light work and related issues), “A person is deemed to have employed a child or young person if they employ a child or young person to work or require or permit a child or young person to work in any workplace or establishment under their control, including work as a domestic worker, or for any business that they conduct, irrespective of whether the child or young person is working in terms of a contract of employment or otherwise.” The Committee hopes that the Labour Code duly reviewed will be adopted in the very near future. It requests the Government to supply a copy of the same once it has been adopted.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee had previously 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 was 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 had also noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 21.5 per cent of children were not attending school. It further noted the Government’s information that the project entitled “Reducing Exploitative Child Labour” (RECLISA), which aims at providing non-formal educational opportunities for school drop-outs and other vulnerable children, in particular herd boys, was extended up to 2009. The Committee notes the information provided by the Government in its report under Convention No.182 that the implementation of the RECLISA project started in 2006. So far 328 children have benefited from this project. The Committee expresses the firm hope that the Bill introducing free and compulsory primary education which is currently in the process of being adopted will take into consideration the comments made by the Committee with regard to linking the age limit of compulsory education with that of employment.

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. It 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, under the Labour Code review, a new section 129A containing a list of types of hazardous work prohibited to young persons has been inserted. The Committee notes that, while the Government states that it has sent a copy of the list with its report, no such document has been supplied. The Committee expresses the firm hope that the list of types of hazardous work will be adopted soon and requests the Government to provide a copy of the same once it has been adopted.

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 no developments on the above matter have been made. However, due consideration will be given to bring the Labour Code in line with the requirements of the Convention during the process of amending the Labour Code. 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 expresses the hope that the Government will take the necessary steps to include this matter in the draft Labour Code, including by ensuring that no child under 14 years of age follows an apprenticeship in any undertaking. It requests the Government to provide information on any progress made in this regard.

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. It had also noted 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 and 28 hours per week The Committee had 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 notes the Government’s information that no developments on the above matter have been made, however due consideration will be given to bring the Labour Code in line with the requirements of the Convention during the process of amending the Labour Code. The Committee reminds the Government that, by virtue of Article 7, paragraph 3, of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which, and the conditions in which, such employment or work may be undertaken. The Committee hopes that, in the process of amending the Labour Code, the Government will take the necessary 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. The Committee had previously noted the Government’s information that, though children under the age of 15 years participate in artistic performances in practice, there is no system of individual permits for children engaged in such activities. It had also noted the Government’s statement that it intends to liaise with the stakeholders to devise such a system. The Committee notes the Government’s information that there have not yet been any developments with regard to the establishment of the system of individual permits for children under 15 years of age who participate in artistic performances. It notes, however, the Government’s indication that it intends to consider this matter during the process of amending the Labour Code. The Committee expresses the hope that, in the process of amending the Labour Code, the Government will take the necessary measures to establish a system of individual permits for children under the age of 15 years who participate in artistic performances. It requests the Government to provide information on any developments made in this regard.

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 dates 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 had also noted the Government’s information that, as far as commercial sectors are concerned, there is full compliance. The Committee notes the Government’s information that a new provision which covers all children working in any workplace or establishment under the control of the employer, including domestic workers as well as self-employed children, has been inserted in the draft Labour Code.

Parts III and V of the report form. Labour inspectorate and application of the Convention in practice. The Committee had previously noted 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 child labour is carried out. It had also noted that, according to the 2004 Lesotho Child Labour Survey – Analytical Report – 23 per cent of the children in Lesotho are child labourers. According to the report, the findings suggest that in Lesotho children mainly work in agricultural activities followed by those who work as domestic workers. The Committee notes the Government’s information that the implementation of the action plan towards the elimination of child labour will enable to progressively reduce child labour in all sectors of the economy. The Committee requests the Government to take the necessary measures to improve the situation of child labour in the informal sector, including through strengthening the labour inspection system in these sectors. It also requests the Government to provide information on the application of the Convention in practice, including statistical data on the employment of children and young persons, extracts of inspection reports as well as the number and nature of violations detected and penalties imposed.

The Committee 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 provide any information on progress made in this regard and invites it to consider seeking technical assistance from the ILO.